HomeMy WebLinkAboutcc min 1991/04/23 MINLrrES OF A REGDLAR ~lT~' COUNCIL MEETING
OF THE ~I'IY OF CHULA VISTA
Tuesday, April 23, 1991 Council Chambers
6:50 PM Public Services Building
CAI l.l~n TO ORDER
1. CALL THE ROLk
PRESENT: Councilmembers Malcolm, Nader, Rindone, and Mayor Pro Tempore Moore
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attomey; Richard D.
Rudolf, Assistant City Attomey; and Vicki C. Soderquist, Deputy City Clerk
2. pI.~FmGE OF .AIJ.~GIANCE TO ~ FLAG, SILENT PRAYEli.
3. APPROVAL OF MINIFI'F~: March 21, April 9, and April 16, 1991
MSUC (Rindone/Moore) to approve the minutes of March 21, April 9, and April 16, 1991 as presented.
4. SPECIAL ORDERS OF THE DAY:
a. Proclsirni,~g the month of April 1991 as *Miniature Rose Month*. The proclamation was presented
to Ms. Susan O'Brien, Co-Owner of the Tiny Petals Nursery. Ms. O'Brien informed the Counc~ that the
nursery would make 100 planrings available to the City.
b. Proclnlmin~ the week of May 5-11, 1991 as *Youth Week*. The proclamation was presented to
P, ichard Cannon, Exalted Ruler of Elks Lodge #2011.
C. PrOcJnlmlng the week of Apr~ Z1-26, 1991 as *National Secretaries Week*. The proclamation was
presented to Berlin Boswotth on behalf of the secretarial staff of the City.
CONSENT C~I-~NDAR
(Items pulled: none)
CONSENT C~! .RNDAR OFFERED BY MAYOR PRO TEMPORE MOORE, reading of the te~ was waived, passed
and lipproved un~nlmously.
5. WP, i-i-~,q COMMUNICATIONS:
a. Oaim~ AE~in~t the City:. (2~imant No. 1: L. R. Hubbard, c/o Denis Long, Esq., Attorney at Law,
550 West "C" Street, Suite 900, San Diego, CA 92101. Due to remote liability on the part of the City, the
City Attoroey, Daley & Heft, City claims administrators, Carl Warren & Company, and Risk Management
recommend the claims filed by L. R. Hubbard Construction Company be denied. /,{l~{
b. Letter requesting Public Hearing on the matter of ordinance number 10.80.010 requiring removal
of f~m~y vehicles from vacant lot - Raul Valdivia, 157 Caruer Street, Chula Vista, CA. Staff recommended
Minute~
April 23, 1991
Page 2
that the matter be referred to staff for processing through the Board flAppeals and Advisors at the~r/~4~a~
6. ORDINANCE 2452A AMENDING CHAPTERS 19.04 AND 19.48 OF THE MUNICIPAL CODE
RELATING TO THE PROVISION OF COMMUNITY PURPOSE FAClI2-11ES (second reading and adoption).
Staff recommends Council place ordinance on second reading and adoption. (Director of Planning) J~?
7. ORDINANCE2453 AMENDING SECllONS2.28.O20,2.28.040, AND 2.28.050 OF CHAI-t~F, 2.28
,RELATING TO THE BOARD OF Ii-tPIICS fsecond reading and adoption) - At the April 4, 1991 Board of Ethics
meeting, the Board voted unanimously to make changes to various sections of Chapter 2.28 relating to the
application of the Ethics Code, unfair and equal treatment section and specific prohibitions contained in the
Unethical Conduct section. Board recommends that Councfi place ordinance on second reading and
adoption.
8. ORDINANCE 2454 AMF,.NDING CHAPTER 9~0 TO PRIMARILY TO PRECLUDE SALE OR
-'.POSSESSION OF FELT TIP MARKERS BY MINORS, AND TO CHANGE THE DESIGNATION OF GRAI~Ffll-
TYPE CRIMES FROM INFRACTIONS TO FrrI-IER INFRACTIONS OR MISDEMEANORS (first reading) Staff
recommends Counc~ place ordinance on first reading. (City Attorney)
Councilman Rindone requested that staff contact the two school districts and have them review the
ordinance before the second reading.
9. RESOLUTION 16136 AC(IFrING SERVICE AGI~EI~-MENT WITH COUNTY OF SAN DIEGO FOR
GRANT FUNDS TO ESTABLISH A MODEL OFFICE RECYclING PROGRAM AND APPROPRIATING FUNDS
THF_XF/OR - In the Fall, City was notified of a $15,000 grant award. However, due to County delays no TAP
grant service agreements were delivered until the end of March. Staff has reviewed the service agreement
and filed it with the County in order to beg~u the process for receipt of monies for program start up. Staff
recommends approval of the resolution. (City Manager) 4/5'8 vote required.
10, RESOLUTION 16137 AMENDINGFY1990/PlBUDGETTOUPGRADE(1)SECRETARY1K)SITION
TO ADMINISrRATIVE SECRETARY IN THE CITY cl~lK'S OFFICE - The 91/92 Budget proposed by the City
Clerk requested an upgrade of the Secretary position to Administrative Secretary. While that reclassification
was being considered, the incumbent resigned effective April 11, 1991. This situation left the City Clark
with two alternatives: (1) leave the position vacant until the effective date of the redassification, July 1,
1991; or (2) request an upgrade and revision of the budget so that this position may be filled at the
Administrative Secretary level immediately. Staff recommends approval of the resolution to fill vacancy with
an Administrative Secretary. (Director of Personnel and City Clerk) /{=~/
11. RESOLUTION 16138 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF
ASPHALT PAVER AND TRAII~-R - Bids were received and opened for the purchase of one asphalt paver and
,u'ailer approved in the FY 90-91 Equipment Replacement Budget. Four bids were received. The paver will
be used in Public Works operations. Staff recommends approval of the resolution. (Director of Finance)
Minu~s
April23, 1991
Page3
12. RESOLUTION 16139 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF CAB
AND ~S TRUO( AND b-s~a,'/VAN TRUCK - Bids were received and opened for the purchase of two
trucks approved in the FY 90-91 Equipment Replacement Budget. Five bids were received. The truck will
be used in Public Works operations. Staff recommends approval of the resolution. (Director of Finance)
/~/,~
13. RF_.SOLUTION 16140 ACCEFFING BIDS AND AWARDING CONTRACT FOR PURCHASE OF
FRONT-END LOADER - Bids were received and opened for the purchase of one front-end loader approved
in the FY 90-91 Equipment Replacement Budget. Two bids were received. The equipment will be used by
Public Works. Staff recommends approval of the resolution. (Director of Finance) /~,~q
14. RESOLUTION 16141 APPROVING ADDITIONAL RESIDENTIAL CONb-iKUCTION TAX CRCT)
OlD)ITS FOR DISCOVERY PARK IMPROVEMENTS - Rancho de1 Rey Partnership has submitted a request
for $552,124.21 in the RCT credit for the construction of Discovery Park. Staff recommends that Council
approve the resolution for an additional $114,124.21 in RCT credit for expenditures eligible for credit.
(Director of Parks &Recreation) /~
15. RESOLUTION 16142 APPROVINGAGPl~I~MENTWITHTHECOUNTYOFSANDIEGO-Agreement
between Chula Vista end San Diego County relative to the provision of Emergency Medical Technician-
Paramedic and Emergency Medical Technician/Public Safety-De~brillation Services. Staff recommends
approval of the resolution. (Fire Chie0 /~,~
16. RESOLtrl~ON 16143 ACCEPTING BIDS AND AWARDING CONTRACT TO SIGNAL
MAINTENANCE, INC. FOR INSTALLATION OF BI CYc~ .~- DETECTION LOOPS AT VARIOUS TRAFFIC SIGNAL
LOCATIONS IN THE ~I-IY OF CHULA VISTA - On March 12, 1991, the Director of Public Works received
sealed bids for the installation of bicycle detection loops at various locations in the City of Chula Vista. Bids
were received from 11 qualified electrical contractors. Staff recommends that Council approve the resolution
accepting the bids and awarding the contract to Signal Maintenance, Inc. in the amount of $17,358.
(Director of Public Works) / ~1 ~ '~
17. RESOLUTION 16144 QU1T(LAIMING WATER SERVICE EASEMENT TO OWNER~ OF THE
PROPERTY AT 1250 THIRD AVENUE AND AUTHORIZING MAYOR TO SIGN Dl~,~.r} - Prior to its annexation
to the City, the property which is now Lauderbach Park obtained its water service from the water main
located in Third Avenue. This necessitated the granting of an easement through the property adjacent to
the east. Since that time, however, the water service has been relocated to the Oxford Street side of the
property. The subject easement is no longer needed and may be quitclaimed back to the owners. Staff
recommends approval of the resolution. (Director of Public Works)
18. RESOLUTION16145 APPROVING AN AGBEE~..NT WTI'H DOMINY AND ASSO(2ATE~
AR(~FFE~-i~ FOR AR(2-u t~CTURAL DESIGN SE~VIt~_~: REQUIRED FOR THE RANCHO DEL BEY FIRE
TRAINING TOWER LOCATED AT H b-IREET AND PASEO RAN(2-1ERO - The Engineering Division sent
· requests for letters of interest and statement of qualifications for professional architectural design services
for the Rancho del Rey Fire Training Tower. Four f'tnns responded and after evaluation of the qualifications
by a selection committee, three firms were selected for interviews. Based on the analysis of the proposais
and intentjews, the selection committee made up of Engineering, Fire, and Administration staff recommends
Minutes
April 23, 1991
Page 4
that the contract for design of the Raneho del Rey Fire Training Tower be awarded to Dominy and
Associates. Staff recommends approval of the resolution. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND !R~A'IF.D RESOLUTIONS AND ORDII',IANcrI~_~;
Th~ meeting adjourned to a joint Council/Redevelopment Agency meeting at 6:18 pan. to discuss the
foHowln~.
19. PUBLIC HEARING CONSIDERATION OF COASTAL DEVELOPMENT PERMIT NUMBER 52 FOR
CON~rt KUCTION OF 245,000 SQUARE FOOT OFFICE BUILDING AT 850 LAGOON DRIVE - COUNCIL ITEM -
Public hearing to consider a Coastal Development Permit for tl~e construction of a 245,000 square foot office
building on 850 Lagoon Drive. In addition, Council will consider certification of environmental documents
and adoption of a statement of overriding consideration and mitigation monitoring program. Staff
recommends Council hold public hearing, approve Coastal Development Permit, certify environmental
documents, adopt statement of overriding consideration and mitigation monitoring program. (Director of
Community Development) COntinUed from the mee~n~ of 04/16/91.
This being the time and place, the public hearing was declared open.
Pamela Buchan, Senior Community Development Specialist, gave a brief review of the of the project. Staff
recommended that Counc~ hold a public hearing, receive public testimony, certify and adopt the
environmental documents, adopt findings for bufiding heights and side yard variance, approve the perking
agreement with Rohr for off-site parking, and approve the Coastal Development Permit for the project. A
slide presentation was then g~ven by Ian Gil of Starboard, Gordon Carrier of BSHA, and Kathy Garcia of
WKT, on design and landscaping.
There being no public testimony, the public hearing was declared dosed.
RESOLUTION 1165 AND RESOLLrfION 16135 Ol, l,,~alF. D BY MFI/IBKR/COUNCILMAN MALCOLM, reading
Of the text was waived, passed and approve] ,n~nlrnously.
A. RESOLUTION 1165 APPROVING OWNER PARTICIPATION AG~R~MENT BF/OP NUMBER 03
WITH ROHR INDUSTI~W-~ TO CONb'tKUCT AN OFFICE BUILDING AT 850 LAGOON DRIVE, (TnRTIFYING
KIR-90-10 AND ADDENDUM THERETO, ADOPTING CEQA FINDINGS, A STATEMENT OF OVERRIDING
CONSDERATION AND AM1TIGATION MONITORING PROOP, AM, AND APPROPRIATING $150,000 TO THE
BAYFRONT FINE ARTS ACCOUNT - REDEVELOPMENT AGENCY ITEM - This item does not require a public
hearing, but is related to the public hearing. Resolution to approve an Owner Participation Agreement with
Rohr Industries for the construction of a 245,000 square foot office building on 850 Lagoon Drive. In
addition, the resalution will certify environmental documents and adopt a statement of overriding
consideration and mitigation monitoring program. Staff recommends that Council certify environmental
documents, adopt statement of overriding consideration and mitigation monitoring program, and approve
the Owner Participation Agreement. COnvintled from the meeting of O4/16/91. 4/5's vote require&
B. RESOLLrrION 16135 CER'iIFYING EIR 90-10 AND ADDENDUM THERETO, ADOPTING CEQA
FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATION, ADOPTING MFrlGATION MONITORING
PROGRAM, ADOPTING FINDINGS FOR A HEIGHT AND SIDE YARD ~IfI-BACK VAP, IANCE, ENTERING INTO
Minutes
April 23, 1991
Page S
A PARKING AG~Rm~NT WITH ROHR INDUST~r~_q AND FINDING ROHR INDU~-i~f~-q PROPOSAL TO
CONb-iKIJCT A245,000 SQUARE FOOT OFFICE BUH,DING IS CONSI~-i~'T WITH THE {TnR-lll~w. dD CHULA
VISTA LOCAL COASTAL PROGRAM, ~ APPROVING ISSUANCE OF COASTAL DEVELOPMENT PEILMIT
NUMBLY, 52 15'~2o
l~ae joint ~evelopment Agency meeting adjourned at 6:43 pan. and the Council meeting
reconvened.
20. PUBLIC HEARING MAIanRS RELATED TO ADOPTION OF THE u-i~/'S GROWTH
MANAGEMENT PROGRAM - The Growth Management Program and implementing ordinances will create
a comprehensive system to manage future growth by directing and phasing development in order to
guarantee rile timely provision of public facilities and services. The ordinance to establish the Growth
Management Oversight Commission will replace the original resolution adopted by Council in 1987.
(Director of Flanning) Conrlnued from the meeting of Apra 9, 1991.
This being the time and place as advertised, the public hearing was declared open.
Robert Leiter, Director of Planning, gave a brief history of the program. A detailed report was submitted
regarding the Interim Phasing Policy and various threshold issues (clarffications of existing and possible
revisions). Staff recommended that cer~in threshold issues be referred to the Growth Management
Oversight Committee and staff to be included as part of the work program for the next fiscal year. Staff
recommends Council approve the Growth Management implementation ordinance with revisions, adopt
Growth Management Commission ordinance, adopt revised thresholds for schools and water and incorporate
the revisions into the Growfix Management Program and implementation ordinance, and refer the revisions
to the parks and recreation threshold to the Parks and Recreation Commission and to staff for review and
recommendation. In addition, staff requested that Council give direction regarding a follow-up work
program for other growth management thresholds. Staff also distributed corrections and recommended
changes to page 8 of the draf~ ordinance regarding traffic thresholds.
City Manager Goss recommended that the Interim Phasing Policy be held in abeyance now and rescheduled
either at the time the transportation phasing plan is completed or before a tentative map could be impacted
by this (page 4-5). The financing plan should be before Council before the end of the fiscal year. He did
not fed there would be any point in adopting a moratorium when it would have no effect over the next
several months.
City Attorney Boogaatd informed Counc~ that no building permits would be issued unless consistent with
applicable public facilities financing plans and he had been advised by Mr. Leiter that the City had been
obtaining these financing plans as a condition of all tentative maps. Therefore, the City would not allow
building permits to be pulled between now and the time at which the 125 facility could be properly planned.
Councilman Nader expressed his concern over new permits on pre-approved projects and how they would
be handled.
David W. Ferguson representing Higgs, Fletcher, Mack, responded that Section 1.10 of the ordinance
describes which projects would be required to participate in the fac~ities plan program. Maps that had
already been approved prior to the General Plan update would not be required to participate, those approved
after 7/11/89 had been conditioned to par~cipate, facility plans will be required and Council will have the
ab~ity to condition their building permits.
Minutes
Aprfi23, 1991
Page 6
Kim Kilkenny, 19975 E1 Camino Real, San Diego, California, representing Baldwin, requested that the 125
financing plan be put together as soon as possible and a solution for financing be identified. He requested
tha~ City staff submit a monthly report to Council on the profess.
There being no fiu'ther public testimony, the public hearing was declared closed.
MSUC (Malcolm/Rindone) to delete the Inn Phasing Policy from Ordinance 2448 (page 4-5).
ORDINANC~ 2448, AS AMENDF~D, AND ORDINANC~ 2447 pl~f~.ll ON FIRST KEADING, RESOLUTION
16101 'OP-FI~,RED BY COUNcilMAN MALCOLM, re~ing of the text was waived.
-his (Nader/Rindone) refer the question of Police Services Threshold (in staff report) back to staff for review
based on public safety needs with a report back to Council.
Councilman Nader felt the police department was one of the finest in the state but he felt there should be
an assurance that the department was not and would not be over extended.
VOTE ON MOTION: failed 2-2 with Counegrnembers Malcolm/Moore voting no.
VOTE ON ORDINANCE 2448, ~S AMENDEl), ORDDIANCE 2447 AND RESOLUTION 16101: approved
-unanimously.
.Councilman Nader noted the minutes from the Resource Conservation Cornmission were not included in his
packet. The RCC had recommended review of various standards and he questioned whether a report would
be coming back to Councfi.
Mr. Leiter responded that the water issue would be referred to the Interagency Water Task Force. The
County Water Authority and SANDAG ere also looldng at the issue on the regional level. The air quality
standard is being looked at on a regional basis and will be implemented at the local level through an air
quality program. The issue of schools is being worked on by City and School District sl~f at the current
time. The economics threshold will be reviewed by the GMOC in May. It is staffs intent to include a water
~off-set program in the water conservation plan.
Councilman Nader questioned the inclusion of ex-officio members that do not live within the City in the
ordinance creating the GrowTh Management Oversight Commission. He hoped that the Council in the future
would provide more specific guidance to staff and developers as to things the City would look for, i.e.
environmental off-sets, conservation off-sets, and revisit the issue of police thresholds.
~Mr. Leiter responded that the ex-officio members would be members of the staff and other representatives
,that would not have a vote. These would be members without a vote but would be allowed to participate
.in discussion,
Councilman Malcolm questioned what the City was doing regarding requirements for water conservation
devices as new technologies are developed. He further questioned whether the City could be included in
the CC&R's in order to regulate landscaping, i.e. percentage of zeroscape, ground covers, and drought
tolerant plants.
Mr. Leiter responded that the water conservation plans would require that the developer submit a list of
water conservation devices. The Interagency Water Task Force is also review the issue. Staff will include
an enforcement mechanism in all the water conservation plans, if the CC&R approach seems to be
appropriate it would be the one included.
Minutes
April 23, 1991
Page 7
City Attorney Boogaard stated he had used regulation in the CC&R's in the past and would endorse the
policy.
A. ORDINANCE 2448 AMENDING -li rLE 19 OF TH~ (2-1ULA VISTA ZONING CODE BY ADDING
CHAPTER 19.09 FOR THE ~ OF MANAGING THE t21Y'S GROW/I-I (first readins~)
B. RESOLUIlON 16101 ADOPTING ~ GROI/V'II-I MANAGF. MENT PROGRAM
C. ORDINANCE 2447 ADDING CHAPTER 2.40 TO TIlE CHULA VISTA MUNICIPAL CODE
~nRI~,TING TO CRF_~TION OF ~ GROWTH MANAGEMENT OVERS'IGI-IT COMMISSION (first readinz) -
The ordinance does not require a public hearing but is related to the above items. (City AItomey) Continued
from the meeting of April 9, 1991.
21. PUBLIC tEARING AMENDING TI-IE CI-IULA VISTA MA.STF_~ E SCIEDULI~ RF..LATED TO
PARKLAND ACQUISrtlON ~ AND PARKLAND DSW_I.OPMF_/~ FF2;S - Said fees have not been adjusted
for three years. Costs for acquiring land and developing parks have increased steadily, necessitating the
proposed increase in fees charged to developers for said City park acquisition and development. Staff
recommends approval of the resolution. (Director of Parks and Recreation) Continued from the meeling
of Aprfi 2, 1991. /~ 73
This being the tirae and place as advertised, the public hearing was declared open.
John Seymour, 6336 Greenwich Drive, #F, San Diego, Califoraia, representing the Consu'uction Industry
Federation, supported the analysis in the report but felt the increase of 160% was excessive. He would also
recommend annual review of the fees. He expressed his concern over the possible expenditure of fees for
making hnprovements in existing parks and expressed concerned over the statement from staff that "not
enough PAD fees are collected annually to make major land purchases for major development ....". He felt
the question was whether the residents in the western areas were willing to finance the acquisition and
development in that area. He also supported the recommendation to review the densities of the senior
housing projects to create a senior housing component, park dedication credit, and density per dwelling unit
review with the State Depa~haent of Finance figures.
There being no further public testimony, the public hearing was declared dosed.
RESOLUTION 16146 OI~I~I~D BY MAYOR PRO TLMPORIi MOORF_~ passed and approved unanimously.
City Manager Goss informed Councfi that it was sta_~s intent to review and/or update the fees on an annual
basis.
RESOLUTION 16146 APPROVING AN INCRF..ASE IN PARK ACQUIIii-IION ~ DEVELOPMENT
F~bL~ - Staff recommends approval of the resolution. (Director of Parks and Recreation)
ORAL COMMUNICATIONS
a. Sue Miller, 46 Alvaratio Place, Chula Vista, California, Chairperson of the Chula Vista Library Board
of Trustees, announced that the City was awarded over $6.7 million for a new library in South Chula Vista.
The Board had worked for over ten years to achieve this goal. She thanked State Senator Wadie Deddeh;
Assemblyman Steve Peace; State Senator Bany Keen; State Librarian Gary Strong; former Mayors Greg Cox
and Gayle McCandliss; present and former Mayors and Members of the Councfi; Kichard Blackman and
Associates; former Library Trustees - Jerry Rindone, Bruce Murray, Carolyn McVey, Betty Bay, Dot Moore,
Minutes
April 23, 1991
Page 8
Frank Luxem, Roger Lindsey, Bill McBreen, Bob Romero; present Trustees - William Alexander, Peggy
Donovan, Jose Viesca, and Ronald Wffiiams; City Manager John Goss; the people of Chula Vista; Library
Director Rosemary Lane and Assistant Director David Palmer.
City Manager Goss stated that with the grant the City would exceed the Growth Management Threshold for
Library service. The City is one of only eight applications approved and is approximately 9% of the total
funds available.
b. David Campbell, 737 Nacion Avenue, Chula Vista, California, expressed his concern over the State
: deficit and the impact it would have on the City budget. He did not feel the City should hire a Downtown
Manager with taxpayers funds.
c. Victor A. Nolan, 12 Via Barberini, Chula Vista, California, questioned the change in the "Oral
Communication" process. He informed Council that Cox Cable was raising their rates to subscribers and
hoped that Counc~ would help to create competition within the City.
Mayor Pro Tampore Moore responded that the "Oral Communication* process had been changed at his
'request.
d. ' Bill Harter, 1104 Helix Avenue, Chula Vista, California, stated the Boll Weevil Restaurant located
on Broadway was not in compliance with the City ordinance requiring a "non-smoking" section. He had
been referred to numerous City departments and County agencies to no avail. He requested that the City
~enforce the policy.
Councilman Nader stated that the City Attorney had informed him that the issue would be reviewed.
ACTION ITEMS
22. ORDINANCE 2451 ADDING CHAFrER 2.31AND /LMEND1NG CHAPTER g.50 OF THE CHULA
VISTA MUNICIPAL CODE B RI ATING TO MOBLIE HOME PARKS RENT REVIEW COMMISSION (first readin~
- At the present time, the City has a rent arbitration ordinance which provides a mechanism for park
residents to appeal a rent increase when the increase exceeds the percentage increase of the Consumer Price
Index for any twelve month period. The recommended Municipal Code changes address issues relating to
the efficacy of the ordinance. (Director of Community Development) Continued from the meeting of
04/16/91. i~ 7~
Chris Salomone, Director of Community Development, stated there was an existing rent arbiwation ordinance
and the ordinance would refine pass-throughs more clearly, establish a Mobile Home Rant Review
Commission putting the authority back under the Council's authority which was a constitutional item, and
housekeeping changes dealing with format.
Councilman Rindone questioned why the ordinance called for three ex-officio members when it was
proposed that one ex-offlcio member be a park owner and one a park resident. He did not see the need for
three ex-officio members and that seven commission members were to many.
-Mr. ~Salomone responded it was Council's discretion as to how many ex-officio members were appointed.
ORDINANCE 2451 PLACED ON FIRST READING BY MAYOR PRO TEMPORE MOORE, reading of the t~xt
Minutes
April 23, 1991
Page 9
MS (Rindone/Malcolm) to amend the ordinance from seven to =up to five* memben end *two" ex-offido
members.
City Attorney Boogaard recommended that Section 2.31.040 be amended to read "shall consist of up to five
members which will be designated by the City Council by written resolution ...... two general ex-offlcio
menlbers*o
Victor A. Nolan, 12 Via Barbarini, Chula Vista, California, expressed his concerns over the following issues:
1) a CPI increase based on the Southern California CPI would be allowed which was more than the seniors
receive; 2) there would be cost through items; 3) there was no provision to protect tenants in the park
without a lease; 4) the commission's decision is final and he did not agree with that as he felt the Council
should have final authority;, 5) need to have a provision to refund the money back to the people with the
percentage, it should be put on a penalty basis so if they lose they have to reimburse the residents for legal
costs; and 6) sixty days should be the time of referral and there should be a sixty day notice of rent increase.
Mayor Pro Tempore Moore stated Council was scheduled for a joint meeting with the Mobfie Homes Issues
Conlmittee.
Councilman Rindone informed Mr. Nolan that a safe harbor was not included in the ordinance.
Councilman Malcolm stated he would not oppose being the Rent Arbitration Board for the City and would
be willing to revisit that issue. He felt Mr. Nolan had made a good point and that there should be a
provision where the committee could award costs to either side if deemed appropriate. The City has in the
past paid out if the low/moderate housing fund as had the park tenants in the past. This should result in
a much cheaper appeal process due to the volunteers. The issues raised were very good and should be
addressed during the joint meeting with the Mobile Homes Issues Committee.
Councilman Nader stated the pass through for capital improvements applied only to capital improvements
that had been approved by 50% of the tanan~s of the mobile home park.
VOTE ON MOTION: approved unanknous]y.
VOTE ON ORDINANC]~ 2451 AS AMENDED: approved unsnknously.
Councilman Malcolm requested that the authorization which would allow the Commission to award costs
if so deemed by included prior to the second reading of the ordinance.
Assistant City Attorney Rudolf responded that his research had indicated that there could be constiicutional
problems with that type of provision and requested that the issue be referred to staff with an amendment
brought back at a later date ff appropriate.
23. RESOLUTION 16147 ADOFIINGAREVISEDCOUNCILPOLICYFORTHEINSTALLATIONOFALL-
WAY STOP SIGNS - The City Council at its August 14, 1990 meeting, during discussion of the Oleander
Avenue and East Oxford Street traffic problem indicated a need to modify the existing all-way stop policy
to allow more emphasis on school age pedestrian activity areas. In response to this concem, staff has
prepared a revision of the City's all-way stop policy that provides greater emphasis on pedestrian activity
areas. Staff recommends approval of the resolution. (Director of Public Works) 1~37~
RESOLLrrlON 16147 OFFERED BY COUNCILMAN MALCOLM, reading of lhe ten was waived, passed and
approved ImsnirnOLlS]y.
Minutes
April 23, 1991
Page 10
24. REPORT ON TRAFFIC CONCERNS FOR OLEANDER AVENUE BETWEEN FA~T
PALOMAR STRI~r AND EAST ORANGE AVENUE - Residents in the area of Oleander Avenue between East
Patiomar Street and East Orange Avenue have requested that measures be taken to reduce vehicular speeds
on Oleander Avenue. Staff recommends Counc~ approve the installation of additional 25 mph speed limit
signs and additional of 25 mph pavement markings adjacent to the speed limit signs on Oleander Avenue.
(Director of Public Works) /~.t ~(.
~Those speaking in opposition of staff recommendations and in support of the stop sign were:
W. Scott MoSher, 829 La Senda Way, Chula Vista, CA, representing the Boys and Girls Club
David Fithian, 1402 Oleander Avenue, Chula Vista, CA, Homeowner
Connie Sugel, 1429 Ocala Court, Chula Vista, CA, Homeowner
Ray Sugel, 1429 Ocala Court, Chula Vista, CA, Student at Parkview School
John Clanton, 1431 Ocala Court, Chula Vista, CA, Homeowner
Ollie Braden, 644 Beech Avenue, Chula Vista, CA, Chairperson of the Safety Commission, spoke in favor of
the staff recommendation. She stated there was a need for an impediment but it was only required for a
very short period of time in the morning and afternoon. She did not feel a stop sign would solve the
problem and would only agree with it if done on a temporary basis during which the effectiveness could be
monitored.
ICouncilman Malcolm felt the Council had made a commitment to the area with the schools, parks, and Boys
and Girls Club and supported the Safety Commission's recommendation. He would also agree with a yearly
:review.
~S (Malcolm/Moore) to approve the Safety Commission recommendation to add additional speed Hmlt siLms
and pavement m~rkings, install an all-way stop at the intersection of Azalea Street and Oleander Avenue,
monitor the intersection for one year, and increase enforcement in the area.
Councilman Nader questioned whether the intersection would qualify for a stop sign under the new warrant
system.
Hal Rosenberg, Traffic Engineer, responded that it was reviewed under the new policy guidelines and it was
their conclusion that the Safety Patrol provided sufficient safety for the children. The Police Department
reported that the patrols were effective.
IVO TE ON MOTION: approved twanlmously.
'Mayor Pro Tempore Moore requested the help of the citizens of Chula Vista in reducing speeds.
25. REPORT PUBUC l~l~l]~.~E OF THE CONFIDENTIAL REPORT OF THE t;l-llr
ATTORNEY REGARDING LEGAL RISKS ASS(X2ATED WITH THE ENACTMENT OF A TRENCH FEE
MORATORIUM - Staff recommends Council defer release of confidential reports of the City Attorney relating
.to a trench fee prohibition bearing meeting dates of January 15, 1991 and March 21, 1991 for a period of
four months unless Council reconsiders the issue prior thereto, and the meantime advise the public that in
'those prohibition on the ability of a developer to impose fees for occupancy of main utility trenches involved
legal risks for which the City should be adequately indemnified. CCity ARorney) /{,~ ~'7
City Attorney Boogaard briefly reviewed the history of the item. At the last meeting he informed Council
that he would not have a problem in publicly disclosing the reports. It was brought to his attention at the
last meeting that there could be a reconsideration of imposition of a trench access fee moratorium. In light
Minutes
April 23, 1991
Page 11
of that, he would recommend that the confidential reports not be released due to the fact that it would give
insight to the legal thinking as to possible defenses to the moratorium that might be considered. He would
recommend that the confidential reports not be released at least until a full Council is seated (four months).
M (Moore) to approve staff recommpJldation and not release the confidential reports at this time. Motion
died for lack of second.
biSC (Malcolm/Moore) to file the report. Apprnved 3-1 with Coune,'lms, Rindone voting no.
Couneilm~m Rindone stated the background information in the repor~ should be corrected to state: second
paragraph after trench access fees 'on a vote of 4-0 to not adopt a trench access fee based on the
recommendation of the City A~omey'. Third paragraph after A motion was made 'at the request of Chula
Vista Cable during discussions of this item' to.... He felt this better represented action taken at that time.
Council recessed at 8:50 p.m. and reconvened at 9:03 p.m. City Attorney BooZ~rd was absent and Assistant
26. REI~RT ON PROPOSAI~ FOR DEVELOPMENT OF (2TY OWI~ED PROPERTY AT 4400
BLO(X OF BONITA ROAD - This report is regarding proposals for development of a three-acre parcel
adjacent to the Municipal Goff Come. Staff recommends that the City Council direct staff to bring forward
an exclusive negotiation agreement with Joelen Enterprises for hotel development on the site. (Director of
Community Development) Continued from the meeting of O4/16/91.
City Manager Goss stated the project began 2-3 years ago and a concern was that the City would be able
to maintain and continue levels of senrice within the City of Chula Vista. He had been directed by Council
to look at other sources to develop revenue streams for the City including vacant properties. The City is
currently facing a recession end possible cuts from the State Legislature. The cons~uction of the new library
will also require operations end staffing which could be approximately three-quarter to one million dollars
a year.
Lance Abbott, Community Development Specialist, gave a brief review of the request for proposal process.
Presentations were made by Mr. Richard Pena, Joelen, Odinark & Thelan, and ADMA Co., Inc.
a. Mr. Richard Penagave a presentation for park development.
Councilman Nader questioned the request from Mr. Pena to amend his proposal to include a 30,000 sq. ft.
office bufiding in conjunction with Phair Development Company and whether he still requested that it be
reviewed.
Mr. Pena responded that he would agree to whatever the Councfi decided.
b. William Tucher representing Grnbb & Ellis and Josef Citron representing Joelen gave a presentation
for Joelen Enterprises for a 200 room golf resort (hotel).
Councilman Rindone questioned: 1) what commiunent they would make towards hiring local residents, 2)
the possible conflict of starting times on the golf course with local residents, 3) whether their company
would be interested in going forward with the project ff the City did not want to sell the property, and 4)
design regarding view corridors.
Minutes
'April 23, 1991
Page 12
Mr. Citron felt it would be to their benefit to hire local labor and would go as far as possible under federal
guidelines in hiring local residents. The plan includes integrating the golf come with their project.
American Golf has stated that their booklng system works very well regarding other golf comes and hotels.
' Prime start times for local guests are usually opposite those of the community with peak times during the
weekdays. They were interested in going forward with the project and would be flexible fithe City would
understand the requirements of lenders so that the tens of the lease be such that they would be able to
: finance the project and have the City work with them on the financing itself.
c. John Thejan and Christina Anderson representing Odmark & Thelan gave a presentation for a 96
1nit senior ap~uhxxent project.
!Councilman Rindone questioned: 1) the allocated parking, 2) whether transportation would be provided,
3) why the City would want to approve a project with the highest density allowed in the City, and 4) lack
of amenities.
Ms. Anderson responded that it was their experience that seniors typically had one or no cars per unit. They
were currently considering some type of shuttle service but noted that one of the main concerns of the
seniors was location to a supermarket, with this project there would be one directly across the street.
';Managers and seniors stated the most important amenity was a garden setting where they could meet.
ReSident activities were also provided in their projects.
Mr, Thelan stated that the units would be from 550 - 600 sq. ft. which would be approximately one-quarter
the size of a single fanfly dwelling. They felt that senior citizen housing represented a fraction of what
single falnfly dwellings would be. A swimming pool and sundeck are included in the project.
d. Dale Combs, CAPA Architects and Nathan Adler, President of Adma Co., Inc. gave a presentation for
80 for-lease condominium units with a one acre public park.
Councilman Rindone questioned: 1) number of employees, 2) would lease versus purchase be acceptable,
and 3) additional parking being associated with the park.
Mr. Adler responded the number of employees would be approximately ten and they would agree to a lease
:if that was the City's desire. They would dedicate one acre for the park with twenty-eight parking spaces
being set aside for only the park.
'Mr, Abbott stated that staff had recommended the Joelen project based on the economics of the project and
· equested that the Council direct staff to bring fortyard an exclusive negotiation agreement with Joelen
l~]~nterprises for hotel development on the site.
~Those speaking in opposition of the staff recommendation and in suppert of the park proposal were:
George Kost, 3609 Belle Bonnie Brae, Bonita, CA, representing Sweetwater Valley Civic Assoc.
Diane Consino, 1660 Ithaca Street, Chula Vista, CA
Carol Hammond, 459 Camino Elyado, Bonita, CA
Janell Jones, 16666 Ithaca Street, Chula Vista, CA, Student at Bonita Counlxy Day High School
Mike Reber, 159 Camino del Cerro Grande, Bonlta, CA
Mary Anne Wfiga, 5824 Whirly Bird Way, Bonita, CA
Sarah Foster, 1344 Rideview Way, Bonita, CA, Student at Bonita Vista High School
Suzanne Catanzaro, 372 Camino Elvado, Bonita, CA, DirecWr of Bonita Country Day School
Carol Freno, 3703 Alta Loma Drive, Bonita, CA
Bill Ulrich, 4664 Gaviom Court, Bonita, CA
Ronald G. Ferguson, 3558 Frisbie Street, Bonita, CA
Minutes
April 23, 1991
Page 13
Tom Pockling~on, 3210 Kenelworth Lane, Bonita, CA
Janay Kruger, 4660 La Jolla Village Drive, Suite 1080, San Diego, CA, submined written opposition to ~he
stuff recommendation and suppor~ for the park project.
Those speaking in suppor~ of the staff recommendation for Joelen were:
Jim Biddie, 233 Fourth Avenue, Chula Vista, CA, represenx~ng Chula Vista Chamber of Commerce
Dick Kau, 3404 Bonita Road, Chula Vista, CA
MS (Moore,/Malcolm) m approve the stag reCOrnmP. lldatiOD~
Councilman Nader felt the sr~ff presentation was premature and questioned why the staff had not s~udied
~he proposal for the combination office and park.
Mr. Salomone responded that the amended proposal was submitted after the Counc~ had already conducted
a workshop, the RFP process had already closed, and s~ff had evaluated the proposals. They felt that in
order to keep the RFP process legal and fair that the project had not responded to the original RFP in thne.
Council had discretion to request an analysis of the amended proposal.
Councilman Nader stated that if he were to agree with the Joelen proposal that a markel~ng study was
needed to determine if the positive fiscal impact projected would be realized. He felt the development of
the park and office building would satisfy the concerns of the residents in the area. He would like to have
staff evaluate the amended proposal.
SUB.~'fI'I lJ'[~ MOTION: (Nadex) to direa staff m do a fiscal analysis Of the p~na projea as amended. Motion
died for hck of secon&
Councilman Malcolm stated that over 25% of the developed park land of the CivJ was located in Bonita and
the City needed parks on the west side. A decision needed W be made and he could support the Joelen
proposal. The ADMA project including the park was also a good project. He was concerned over the abfiity
of Joelen w obtain financing. The agreement needed co be tightened up, i.e. guaranteed minimum rent,
minimum purchase price, mandatory operation agreement, bonding in quick period of ~ne guaranteeing
they will bufid the project, how many stories, setbacks, view corridors, what type of ar~ they are doing, what
are they doing for the museum, how much space will be allocated to the museum, and will they maintain
the space allocated. He was ready co move forward and make a decision on any one of the three projects.
Mr. Salomone stated that a marketing agreement would rake approximately ninety days. The negotiating
agreement is generally six months with an oppornmity to expand.
Councilman Nader questioned whether the negotiating agreement could be limited co ninety days with an
option co ex~end. He felt that there should be a fall-back position in case the Joelen project was not found
to be feasible. He would prefer co go with the park/office project or the condo project. If the motion passed
he would not want co be tied into that project any longer than necessary if k was not financially feasible
to bufid. He questioned whether Council would suppor~ cut'dng back the time for the negotiation
agreement.
City Manager Goss recommended that the negotiating agreement be cut back co 100 days or 90 days plus
two weeks which would allow ~irne for the study co be completed and reviewed by staff before returning to
Council.
Minutes
April 23, 1991
Page 14
:Councilman Rindone felt that it was a decision for quality of life. All proposals were outstanding and offered
a different approach. He was extremely impressed with the ADMA project with their view corridors, etc.
He was prepared to support the sta~'s recommendation as he felt it was one of the finest projects presented
as it not only addressed the 3+ acres but the entire seven acres.
Mr. Salomone recommended one hundred and sixty days with direction to staff that they come back to
Council as soon as the marketing study is completed, trying to keep within a 90 day period.
MSUC .{Malcolm/Rindone} reduce the 180.day period of the negotiating agreement to 120 days with an
.option to.~ten{L
!VOTE ON MOTION: opproved 3-1 with Couvt~lman Nade~ voting no.
~Councilman Rindone requested that staff work out a lease for the project in which the City retains ownership
of the property. He would not consider sale of the properly at any time.
OTHER BUSINESS
27. BOARD AND COMMISSION RECOMMENDATIONS: None
28. ITEMS pUIJ.~I'} FROM THE CONSENT CAI/J~AR: None
29. urn' MANAGERS REPORTfS)
a. There will be no City Council meeting on Tuesday, April 30th due to Charter provision regarding
the 5th Tuesday of the month. A regular City Council Meeting/Worksession will be held on Thursday, AprLl
25th at 4:00 p.n~
30. MAYOR~ REPORT(S)
a. Ratification of Appointments to Bayfront Subcommittee
iMSUC (Makolm/Nader) to ratify ~ appolntm~ts of the following people to the Bayfront Silbcommlttee:
,~lohn S. Moot (Malcolm appt), W''lllam Vil'dlis (Rindone appt), Russ Bullen (Moore appt}, Larry V. Dnmlao
r(Nader appt), Wffiiam Tuchscher (EDC appt), Shirley Grasser-Horton (Planning Commission appt), John Ray
'(R~ oppt), and Pat Ables (Cultural Am appt). /ff~ 7~
b. RESOLLrFION 16148 REQUESslNG COMMISSIONERS OF SAN DIECO UN~IF_X) PORT DISTRICT
APPROPRIATE FUNDS FOR FY 1991-92 CAPITAL IMPROVEMENT PROJECTS AND ESTABLISH A ~-sRATEGI C
;PLANNING COMI~IrFfI~ TO DEVELOP A FULL S-YEAR tIP PROGRAM - 4/5's vote required. /(~ ~C)
Councilman Nadex wanted to make it dear that the City of Chnla Vista should get its "fair share".
RHSOLUTION 16148 Ol, t, ratF~ BY MAYOR PRO TEMPORE MOORE, reading of the text was waived, passed
'and approved llnan{mOIl~y.
Minutes
April 23, 1991
Page 15
c. ORDINANCE 2455 A,MENDING VARIOUS SUBSECTION OF SECTION 2.48.200 OF THE
MUNK2PAL CODE TO REQUIRE VOTING MEMBERS OF 'rile MONTGOMERY COMMUNITY PLANNING
COl~!~Ifl-flf~ TO BE RKSK)ENTS OF THE MONTGOMERY AREA (first reading) / ~,~1
Mayor Pro Tempore Moore informed Council that the existing ordinance allowed members not living within
the City limits to serve on the Committee.
MSF (Moore/Rindone) to notify the commksion member and amend the ordinance. Motion failed 2 -2 with
Malcolm/Nader voting no.
31. COUNCIL COMMENTS
Councilman Malcolm: Ih-ml trailed tO the meeting of May 7, 1991.
a. Legislative Communication:
Legislation Prohibiting Release of Names of Rape Victims both on State and Local Levels
b. Legislative Analysis:
I. Reauires Counc~ Action
SB 776 (l~llea) - San Diego/Coronado Bridge: Tolls. Staff recommends Councfi support.
II. Addressed by LeEislative ProEram thus Recluires no Councfi Action
SB 1155 (Bergeson) - Redevelopmerit: Special Supplemental Revenue. Staff recommends
oppose.
AB 315 (Friedman) - Redevelopment: Low and Moderate Income Housing. Staff
recommends oppose.
AB 1865 (Houser) - Redevelopment: Sales and Used Tax. Staff recommends oppose.
SCA 11 (Moran) - General Obligation Bonds - Staff recommends support.
SB 82 (Kopp) - Property Tax: Revenue Increase to Cities by Closing Loophole for Business
Properties that Change Ownership. Staff recommends support.
SB 445 (Deddeh) - Cost Recovery for Removal of Asbestos in Public Buildings. Staff
recommends support.
ADJOURNMENT
MSUC (Nader/Malcolm) to reject the settlement offer on Pende~r,.LP~ versus City of Chula W~sta, eL al and
accept the settlement offer on Alicia Flores versus City of Clmla Vista, et. aft.
Pending litigation pursuant to Government Code Section 54956.9 - Pendergraft versus City of Chula Vista,
et al.
Pending litigation pursuant to Government Code Section 54956.9 - Alicia Flores versus City of Chula Vista,
et al.
Minutes
A~ril 23, 1991
Page 16
The City Councfi met in a dosed session at 11:28 p.m. to discuss:
Approve an appointment by the City Manager in accordance with Section 500(a) of the Chula Vista
Charter
ADJOURNMENT AT 11:32 P.M. the Regular City Council Meeting/Work Session on April 25, 1991 at 4:00
PM in the City Council Conference Room.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk