HomeMy WebLinkAboutcc min 1992/06/23 MINUTES OF A REGULAR MEETING OF THE
CITY OF CHULA VISTA
Tuesday, June 23, 1992 Council Chambers
6:09 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Grasser Horton, Moore, and Mayor Pro Tempore Rindone
ABSENT: Councilman Malcolm and Mayor Nader
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Booguard, City Attorney; and Vickl
C. Soderquist, Deputy City Clerk
2. pI.RBGE OF .~l J .RGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: May 26, 1992, June 2, 1992 (City Council), June 2, 1992 (Joint
Council/RDA), June 9, 1992, and June 16, 1992
MSC (Grasser Hotton/Moore) m approve the minutes of May 26, June 2 (City Coune~), June 2 (Joint
Council/Rl)A), June 9, and June 16, 1992 as presented. Approved 3-0-2 with Malcolm/Nader absent,
4. SPECIAL ORDERS OF THE DAY: None
CONSENT CAT.RNDAR
(Item pulled: 17)
CONSENT C_~T.RNDAR O~ BY COUNCILMAN MOORE, read/rig of the text was waived, passed and
approved 3-0-2 with Malcolm/Nader absent Item 8 continued to the meeting of 6/30/92.
5. WRI'l'l'ffdq COMMUNICATIONS: None
6. ORDINANCE 2518 AMENDING CHAFrER 2.29 OF THE CHULA VISTA MIJNICIPAL CODE
CHANGING THE NAME OF THE CHARTER REVIEW COMMfI'I?~E TO COMMISSION (second reading and
adoption) - When Council approved the recognition of the Charter Review Committee as a long term
standing committee, the ordinance inadvertently continued the prior name of the committee, rather than
making it an appointive board or commission as authorized by Section 600 of the City Charter. The
ordinance corrects that oversight and makes the committee a commission. Staff recommends Council place
ordinance on second reading and adoption. (City Attorney)
7, ORDINANCE 2517 AMENDING SECTION 2.56 OF THE MLrNICIPAL CODE RRIATING TO
PURCHASES OF SLIPPLIES, SERVICES, AND EQUIPMENT [second reading and adontion) - On 7/23/91,
Council requested a report on the City's use of consultants and service contracts. The report was discussed
by Council on 10/18/91 at which time a Council subcommittee was established to address the issue of
Minutes
June 23, 1992
Page 2
consultants and senrice agreements. The subcommittee has met with staff and is proposing the approval
of revisions to the Municipal Code. Staff recommends Council place the ordinance on second reading and
adoption. (Budget Manager)
8. ORDINANCE 2519 EXTENDING, ASANINTERIMANDURGENCYMEASL1RE, AMORATORIUM
ON THE APPLICATION FOR OK ISSUANCE OF ANY LAND USE PERMITS, INCLUDING CONDITIONAL USE
PERMITS, FOR AN ADDITIONAL PERIOD OF TEN MONTHS AND FIFI'EEN DAYS EXCEPT UPON CONSENT
OF COUNCIL, FOR USE OF LAND AS A HAZARDOUS WASTE FACILITY (urKency measure} - Staff is in the
process of preparing a General Plan Amendment and implementing ordinances which would allow the City
to establish planning and siting criteria and processing requirements for hazardous waste facilities. On
5/12/92, the Council adopted an ordinance establishing a 45 day moratorium on processing of land use
permits for hazardous waste facilities. The purpose of the moratorium was to avoid the risk of having an
applicant claim a right to a conditional use permit, or claim a right to process a conditional use permit
under current standards, until the City has properly adopted its planning, processing, and siting criteria.
Staff recommends Council adopt the ordinance as an urgency measure. (Director of Planning) 4/Sth's vote
required.
MSC (Moored'Grasser Horton) to continue to the meeting of 6/30/92 due to the 4/5th's vote required.
Approved 3-0-2 with Malcolm/Nader absent.
9. ORDINANCE 2520 ADDING SECTION 19.14.270 TO THE CI-IULA VISTA MUNICIPAL CODE
ADOPTING PROCEDURES FOR THE ENFORCEMENT OF CONDITIONAL USE PERMITS AND VARIANCES
(fL~st reading) - The City currently enforces variances and conditional use permits through its implied powers
to modify and revoke permits or as an express condition of the permit itself. The ordinance codifies existing
procedures and criteria used to enforce variances and CUP's. Staff recommends Council place ordinance on
first reading. (City Attorney)
10. RESOLL1TION 16665 ACCEPTING BIDS AND AWARDING CONTRACT FOR ASPHALTIC
CONCRETE - On 6/12/92, bids were opened for furnishing the City~s requirements for asphaiti( concrete
for street maintenance. The material will be picked up at the vendors plant. Staff recommends approval
of the resolution. (Director of Finance)
11. RESOLUTION 16667 ACCEPTING BIDS AND AWARDING CONTRACT FOR ASPHALTIC
EMULSIONS - On 6/12/92, bids were opened for furnishing the City's requirement for RS-2 asphaltic
emulsions with latex for the chip sealing program. The vendor will deliver and spread material at worksite.
Staff recommends approval of the resolution. (Director of Finance)
12. RESOLUTION 16668 ACCEPTINGBIDSANDAWARDINGCOhrllhs, CTFORSCIIERNINGS(STONE
CHIPS) - On 6/12/92, bids were opened for furnishing the City~s requirement for screenings (stone chips)
for the chip sealing program. The vendor will deliver to the City yard. Staff recommends approval of the
resolution. (Director of Finance)
13. RESOLLrrION 16669 APPROVLNG AN AGRR, I:,MENT WITH THE SAN DIEGO UNIFIED PORT
DISTRICT FOR GROUNDS AND COMFORT STATION MAINTENANCE AT THE 'J' STREET MARINA BAYSIDE
PARK AND ADJACENT LANDSCAPE MEDIANS - Resolution No. 16481 authorized the 15th amendment m
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June 23, 1992
Page 3
an agreement with the San Diego Unified Port District for grounds and comfort station maintenance at 'J'
Street Marina, Bayside Park, and the landscape medians on Tidelands during fiscal year 1991/92. The
resolution would approve the 16th amendment to the agreement for FY 1992/93. Staff recommends
approval of the resolution. (Director of Parks and Recreation)
14. RESOLUTION 16670 AUTHORIZING CONDITIONAL TEMPORARY CLOSURE OF VARIOUS
STREETS IN THE EASTLAKE AND EASTLAKE GREENS COMMUNITIES ON SATURDAY, JULY 11, 1992 FOR
A IOK RUN AND FOUR MILE WALK ~ The San Diego National Sports Training Foundation is requesting
permission to conduct a 10K run and four mile walk on Saturday, July 11, 1992 from 7:30-9:30 a.m. in the
EastLake and EastLake Greens communities. Staff recommends approval of the resolution subject to staff
conditions. (Director of Parks and Recreation)
15.A. RESOLIYYION 16671 APPROVING A REQUEST BY G.T~R.N., LTD., A CALIFORNIA LLMI-I'I~D
PARTNERSHIP FOR REDUCTION OF PARK ACQUISITION AND DEVELOPMENT FEES ON THEIR HOUSING
PROJECT AT 95 MADISON AVENUE - On 6/19/90, Council approved a density bonus of three units for 95
Madison Avenue providing for a total of sixteen aparunent units. At the same time, Council approved a
Housing Cooperation Agreement with G.T.R.N., Ltd. to make three units affordable to lower-income
households. On 3/11/92, G.T.R.N. applied for a condominium subdivision map. Staff waived requirements
for a tentative map but placed S conditions on approval of the final map. The developer has requested that
the City reduce the PAD fees associated with the subdivision map. Staff has negotiated an Amended Housing
Cooperation Agreement to allow the developer to sell rather than rent the three affordable units. Staff
recommends approval of the resolutions. (Director of Community Development)
B. RESOLUTION 16672 APPROVINGANAMENDEDHOUSINGCOOPERATIONAGI~RRMENTWITH
G.T.ILN., LTD., A CALIFORNIA LIMITED PARTNERSHIP TO SRIJ. THREE CONDOMINIUM UNITS AT 95
MADISON AVENUE TO LOW-INCOME HOMEB~
16.A. RESOLUTION 16673 APPROVING THE ENGINEER'S REPORTS FOR THE FISCAL YEAR 1992/93
SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICTS 1-10, 14, 15, 17, 18, 20,
EASTLAKE MAINTENANCE DISTRICT NUMBER ONE, BAY BOULEVARD AND TOWN CEhrrRE, DECIARING
THE INTENTION TO IgVY AND COI.LF. CT ASSESSMF2qTS AND SETtING JULY 21, 1992 AT 6:00 P.M. AS
THE DATE AND TIME FOR THE PUBLIC HFAP, ING - On 4/21/92, Council adopted resolutions directing the
City Engineer to prepare and file reports of assessments for all existing City Open Space Maintenance
Districts. The reports have been prepared and the resolutions approve them and sets the date for public
hearings to consider the spreading of assessments. Staff recommends approval of the resolutions. (Director
of Public Works)
B. RESOLUTION 16674 APPROVING THE ENGINEER.'S REPORT FOR THE FISCAL YEAR 1992/93
SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DIS~IldCT NUMBER 11, DECLARING
THE INTEN~ON TO LEVY AND COLI.F. CT ASSESSMENTS AND SETtING JULY 21, 1992 AT 6:00 P.M. AS
THE DATE AND TIME FOR THE PUBLIC HEARING
17. RESOLUTION 16675 ACCEPTING BIDS AND AWARDING CONTRACT FOR *THE WIDENING OF
BROADWAY BETWEEN ~F* STREET AND *I* STREET* - On 6/3/92, bids were received for the 'widening of
Broadway between "F" Street and "I" Street'. Twelve bids were received from seven separate contractors each
of which had the option to submit bids on Alternate A, Alternate B, or both. The lowest bid, a non-
prevailing wage bid, was submitted by Southland Paving, Inc. Staff recommends: 1) approval of the
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June 23, 1992
Page 4
resolution; 2) authorize staff to pay Southland Paving, Inc. an additional $25,000 as an additive item for
delaying construction of the surface improvements until 1/4/93; and 3) authorize the City Engineer to
permit Southland Paving, Inc., to perform the sewer and storm drain work prior to 11/15/92 and after
1/3/93. (Director of Public Works)
City Attorney Boogaard requested that Council reconsider Resolution 16675 for the purpose of placing a
specific letter on the record.
MSC (Moore/Grasser Horton) to reconsider Item 17. Approved 3-0-2 with Malcolm/Nader absent
City Attorney Boogaard stated the item involved the award for a bid on a construction project on the
widening of Broadway between "F" and "I" Streets. It was being awarded under staffs recommendation and
Councirs action on the basis of Non-Prevailing Wage Bid Alternative A to Southland Paving. He wanted the
minutes to reflect that the decision to award on that basis was in reliance, in part, on the 6/22/92 letter
from Southland Paving Vice-President, Richard Fleck, who by the letter agreed that in the event the City was
required to pay prevailing wage, by either court order or by administrative proceeding, the City's exposure
on the bid would be limited to the amount of their Prevailing Wage Bid Alternate B.
MSC (Moore/Grasser Horton) to approve the recommendarion of the City Attorney. Approved 3-0-2 with
Malcolm/Nader absenL
18. RESOLLrrlON 16676 AUTHORIZING THE EXECUTION OF AN UNDERGROUND CONVERSION
DISTRICT EASEMEa"~ AGBRRMENT WITH THE SAN DIEGO GAS AND RI :~-~'I'K[C (SDG&E) COMPANY FOR
THE PURPOSE OF INSTALLING A TRANSFORMER AND UNDERGROUNDING UTILITIES IN CONJUNCTION
WITH THE WIDENING OF OTAYVAI.I.RY ROAD - The easement is to be located in the northeast comer of
the City-owned property currently occupied by the City Animal Shelter. Although the current use of the
City's property is temporary, the transformer needs to be installed in order to service future developments
as well. Staff recommends approval of the resolution. (Director of Community Development)
19. RESOLUTION 16677 AUTHORIZING THE EXECUTION OF CHAFFER EIGHT AGI~RRMENT
NUMBER 6915 WITH THE SAN DIEGO COUNTY TREASURER-TAX COLLRCTOR FOR THE PURPOSES OF
PURCHASING TAX DEFAULTED PROPERTY NECESSARY FOR THE WIDENING OF OTAY VAt J.Ry ROAD -In
order to complete construction of Phase [ improvements for the Otay Valley Road Street Widening Project,
the City needs to purchase parcel no. 644-040-027 (assessment parcel no. 13) from the County of San Diego
Treasurer-Tax Collector. The property is tax-defaulted land and is available for purchase at $250.00 which
is 50% of the appraised value determined by the County Assessor in 1991. Staff recommends approval of
the resolution. (Director of Community Development)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
20. PUBLIC HEARING CONSIDERATION OF CALIFORNIA COASTAL COMMISSIONS JUNE 11,
1992 ACTION ON LOCAL COASTAL PROGRAM AMENDMENT NUMBER 10; AND CONSIDERATION OF
COASTAL DEVELOPIVIENT P~ l"ql,rtv~ER 60 FOR THE CONSTRUCTION OF A SL'(-STORY, 125,000
SQUARE FOOT ADMINISTRATIVE CORPORATE OFFICE BUILDING AT 850 LAGOON DRIVE - The Council
approved Local Coastal Program Amendment No. 10 (LCPA # 10) to allow an increase in F.A.R. and building
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June 23, 1992
Page 5
height on the site which would allow the construction of the office building. The LCP Amendment was
submitted to the California Coastal Commission and on 6/11/92, the Commission approved the Amendment
with suggested modifications. The Commission's action on the LCP Amendment is being presented to
Council for adoption. In addition, a Coastal Development Permit for the construction of the proposed office
building is presented to Council for consideration. Stuff recommends approval of the resolutions. (Director
of Community Development)
This being the time and place as advertised, the public hearing was declared open. There being no public
testimony, the public hearing was declared closed.
RESOLLrrlONS 16678 AND 16679 OFFERED BY COIJNCII.MAN MOORE, reading of the text was waived,
passed and approved 3-0-2 with Malcolm/Nader absent.
A. RESOLIJTION 16679 ADOPTION OF THE CALIFORNIA COASTAL COMMISSION'S ACTION ON
CITY OF CHULA VISTA LOCAL COASTAL PROGRAM AMENDMENT NUMBER TEN
B. RESOLLrfION 16678 ISSUING COASTAL DEVELOPMENT PERMIT NUMBER 60 FOR THE
CONSTRUCTION OF A 125,000 SQUARE FOOT, SIX STORY ADMINISTRATIVE/CO1LoORATE OFFICE
BUILDING AT 850 LAGOON DRIVE
21. PUBLIC HEARING CONSIDERATIONOFCOASTALDEVELOPMENTPERMITNUMBER61FOR
THE USE OF 340-368 BAY BOL1LEVARD AS A CON:~rKUCIlON STAGING AREA - On 4/21/92, the
Redevelopment Agency approved an exclusive negotiating agreement with Rohr Inc. for the disposition and
development of Agency-owned property at 340-368 Bay Boulevard. While the Agency and Rohr are
negotiating, Starboard Development has requested to use the properties as a staging area for construction
of Rohr's Building at 850 Lagoon Drive. A leasing instrument will need to be approved by the RDA prior
to use of the site. Mitigated Negative Declaration IS-92-18 and Addendum thereto and Mitigation
Monitoring and Reporting Program adequately addresses environmental issues. Staff recommends approval
of the resolution. (Director of Community Development)
This being the time and place as advertised, the public hearing was declared open.
Councilman Moore wanted to make sure that the property was prope~y identified and suggested that signs
be posted on the property.
There being no public testimony, the public hearing was declared closed.
RESOLUTION 16680 OFFERED BY MAYOR PRO TEMP RINDONE, reading of the text was waived, passed
and approved 3-0-2 with Malcolm/Nader absent.
RESOLUTION 16680 ISSUING COASTAL DEVELOPMENT PERMIT NUMBER 61 FOR THE USE
OF 340-368 BAY BOULEVARD AS A CONS'I~UCTION STAGING AREA
22. PUBLIC HEARING CONSIDERATION OF COASTALDD/EIX)PMENTPERMITNDlVlBER62FOR
THE DEMOLITION OF A 9,900 SQUARE FOOT INDUSTRIAL BUILDING AND CONSTRUCTION OF A
TEMPORARY ACf3~5:S ROAD TO *G* STREET -Rohr Inc. proposes to demolish a 9,900 sq. ft. building and
construct a 25 ft. wide temporary access road to 'G~ Street. The project will provide improved interior
vehicle circulation adjacent to building one on 850 Lagoon Drive and to disburse off-site egress via
Street. Staff recommends approval of the resolution. (Director of Community Development)
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June 23, 1992
Page 6
This being the time and place as advertised, the public hearing was declared open. There being no public
testimony, the public hearing was declared closed.
Councilman Moore questioned whether anything had been negotiated pertaining to the deletion of 'G' Street.
Chris Salomone, Director of Community Development, responded that it would be negotiated at a later date.
RESOLUTION 16681 OIq'F_~_.D BY MAYOR PRO TEMP RINDONE, reading of the text was waived, passed
and approved 3-0-2 with Malcolm/Nader absant`
RE.$OLLFI'ION 16681 ISSLIING COASTAL DEVELOPMENT PERMIT NUIvlBER 62 FOR DEMOLITION
OF APPROXIMATELY 9,900 SQUARE FEET OF INDUSTRIAL SPACE AND CONSTRUCTION OF A
TEMPORARY ACCESS ROAD TO 'G' STREET
23. PUBLIC HEARING CONSIDERATION OF COASTAL DEVELOPMENT PERMIT NUMBER 59 FOR
THE CONb't KUCTI ON OF TWO STORAGE SHF. DS AND A COVERED WORK AREA AT THE SAN DIEGO GAS
AND RI~.~.-rRIC (SDGIE) SOUTHBAY POWER PLANT - SDG&E has requested that the public hearing for
Coastal Development Permit No. 59 be continued to the 7/21/92 meeting. Since the project's coastal
development permit application submittal has not been completed, staff recommends that the Council
continue the public hearing until all of the required information has been submitted and a complete permit
review has been conducted. Staff recommends continuing the public hearing to the meeting of 7/21/92.
(Director of Community Developmen0
MSC (Moore/Grasser Hoffon) to continue the public hearlngto the meeting of July21, 1992. Approved 3-0-
2 with Malcolm/Nader absent_
RESOLUTION 16682 ISSUING COASTAL DEVELOPMENT PERMrF NUMBER 59 FOR THE
CONSTRUCTION OF TWO STORAGE SHEDS AND A COVERED WORK AREA AT THE SDG&E SOUTH BAY
POWER PLANT
24. PUBLIC HEARING CONSIDERATION OF ESTABLISHING UTIi2TY DISTRICT NUMBER 122 ON
FOURTH AVENUE FROM 'E' S1/IF~T TO A POINT APPROXIMATELY 100 FEET SOUTH OF STATE
HIGHWAY 54 ~ On 4/28/92, Council ordered a public hearing to be held on 6/23/92, to determine whether
the public health, safety, or general welfare require the formation of an Underground Utility District on
Fourth Avenue between "E~ Street and a point approximately 100 feet south of State Highway 54. Staff
recommends approval of the resolution. (Director of Public Works)
Mayor Pro Temp Rindone stated he had a conflict of interest regarding the item due to the location of his
residence. He questioned whether the public hearing should be continued or if the public should be allowed
to speak.
City Attorney Boogaard responded that it was up to Council discretion. Mayor Pro Temp Rindone could
declare his conflict and remain at the dias in order to retain a quorum and not participate in the discussion.
This being the time and place as advertised, the public hearing was declared open.
Dub Hicks, 161 4th Avenue, Chula Vista, CA, questioned whether the property owners would be assessed )
for the undergrounding. He felt that should be a utility expense and questioned why the City did not tap
into the power senrice on Glover Street.
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June 23, 1992
Page 7
John Lippitt, Director of Public Works, responded that all utilities would be undergrounded and all
properties within the district would be required to convert. The only cost to the property owner would be
for the conversion for service from the street to the property. He would have to research Mr. Hick's
suggestion and report back to Council at the public hearing on 6/30/92.
Councilman Moore informed the public that the public hearing would be continued to the meeting of June
30, 1992.
RESOLUTION 16683 ESTABLISHING UNDERGROUND UTILITY DIb'rRICT NUMBER 122 ON
FOURTH AVENUE FROM 'E" STREET TO A POINT APPROXIMATELY 100 FEET SOUTH OF STATE
HIGHWAY 54 AND AUTHORIZING THE EXPENDITURE OF ALLOCATION FUNDS TO SUBSIDIZE SINGLE
FAMILY RESIDENTIAL SERVICE LATERAL CONVERSIONS
25. PUBLIC HEARING ASSESSlVlF2qT DISTRICT NUMBER 90-2 (OTAY V/tIJ~/' ROAD) - On
4/21/92, Council adopted the Resolution of Intention to construct and finance certain public improvements
to Otay Valley Road, east of 1-805, pursuant to the Municipal Improvements Act of 1913. The public hearing
on the formation of Assessment District No. 90-2 (Otay Valley Road) was set for 5/26/92. The associated
resolutions make changes and modifications to the Engineers Report, overrule protests, confirm the
assessments, make CEQA findings, adopt a Mitigation Monitoring Plan, and approve utility and underwriter
agreements. Staff recommends approval of the resolutions. (Director of Public Works) Continued from the
6/16/92 meeting.
This being the time and place as advertised, the public hearing was declared open.
John Lippitt, Director of Public Works, stated that staff had been directed to review four issues: 1) slope
credits for properties with large slopes; 2) credits for improvements already installed; 3) costs if the inside
lanes were not paved; and 4) removal of the median island.
Tom Meade, Consultant, clarified the traffic generation and the need for six lanes. It was their
determination that there would be minimal savings to build four lanes at this time.
Jerome Fournier, Assessment Engineer, Wfldan & Assoc., reviewed the method and formula for the
assessment spread.
Counc~woman Grasser Horton referred to a letter received from the attorney representing the property
owners and questioned when they were given the materials.
Mr. Lippitt responded that the combined credit document had only been completed the day before the
hearing.
City Attorney B oogaard questioned staff as to whether the information was available in the City Clerk's Office
by 5:00 p.m. on Friday.
Mr. Lippitt responded that was correct.
Warren Diven, Bond Counsel, Brown Diven & Hentschke, informed Council that all of the legally required
notices were given to property owners prior to the initial public hearing.
Councilman Moore stated that the public hearing had been continued twice in order to consider concerns
of the property owners. It was done in favor of the property owners and in a short time flame.
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June 23, 1992
Page 8
Mayor Pro Temp Rindone referred to the trip capacity maximum for the six lane road and questioned what
level it would be.
Mr. Meade responded that the 40,000 trip capacity would be Level C.
William Schwartz, 401 ~B~ Street, San Diego, CA 92101, Siroonian & Pratty, submitred a letter to Council
requesting a continuance of the public hearing as they did not feel there had been sufficient time to review
the materials and a full Council was not present. They felt there were benefits outside of the district which
was not being taken into account and therefore the district should be widened. Concern was also expressed
regarding the methodology utilized regarding traffic counts. The information package was also incomplete
as the Phase II plans were not available for the public hearing.
Mayor Pro Temp Rindone questioned whether a continuance would create a legal problem.
Mr. Lippitt responded that in order to obtain state funds, the City would have to award a contract by
6/30/92. Staff recommended approval of the resolutions and would come back next week with the
assessments.
City Attorney Boogaard clarified that failure to award the contract by 6/30/92 would jeopardize SB300
funding.
Charles L. Deem, 401 'B~ Street, San Diego, CA 92101, Atomic Investments, Inc., owner of Parcel 5 the
PacBell facility, expressed concern regarding the credits given for improvements previously installed. He felt
the actual costs expended versus the costs established by staff should be utilized. Atomic had deeded
properly to the City in 1972 and he requested that the deeded property be considered regarding credits
given. He requested a continuance of the public hearing and that staff look at the credits for actual costs
expended.
Leonard E. Teyssier, 3200 B4-2 Highland Avenue, National City, CA 92050, representing Atomic Investments,
Inc., stated that the data furnished to staff was based on quantities based on prices that the City
contemplated for permit purposes. Staff was correct in their statement that separated costs of what had
been spent in 1973 had not been supplied.
5oseph Botkin, 2827 Ariains Avenue, San Diego, CA 92116, representing several Otay Valley property owners,
felt it was unfair to ask the properof owners to pay for a regional improvement. All generators of traffic or
beneficiaries in Otay Valley were not being asked to pay for the improvements. He was not saying that they
were not willing to participate in the project improvements but felt the costs did not accurately reflect the
costs of two lanes. They did not feel the landscaped medians were necessary, the bike lanes were of no
benefit to indusnJr, and sidewalks were also unnecessary. He felt the roadway was being designed to
accommodate a much larger area that the district being required to pay for it. The roadway should be scaled
back to meet the need of the property owners paying for it.
Rita Gregory, S15 Otay Valley Road, Chula Vista, CA 91911, representing JT Racing, agreed with the
previous speakers and requested a continuance. She had received the information the day before and
wanted to prepare an indepth letter to Council explaining their reasons for the credits they had requested.
She gave a brief history of the improvements on her property and stated that they had documentation
supporting the $42,000 which had been spent for improvements.
John Keating, Senior Traffic Engineer, 8989 Rio San Diego Drive #135, San Diego, CA 92108, representing
Joseph Botkin, stated that after review of the Engineer's Report he agreed that there was an ultimate need
for a six lane facility. He questioned whether the parcels were paying for any existing through traffic in the
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June 23, 1992
Page 9
area, did the assessment district parcels use the full capacity of a four lane facility or would there be ex{xa
capacity that would be available for other developments in the future. The Final Engineer's Report did nor
stare in detail how the proportionate share was calculated. It also did not state the amount of traffic to be
generated by any of the assessment district parcels. The districfs percentage contribution of future traffic
was not clear and therefore unclear as to whether the cost sharing was fair.
James H. McConnack, P.O. Box 598, Spring Valley, CA 91976, representing the 1981 Trust of James and
June McCormack which included eighteen acres in the Otay Valley Industrial Park, stated that business had
been very bad and felt the property owners would be put upon if action was taken without the benefit of
the full Council.
Robert Gunthorp, 789 Energy Way, Chula Vista, CA 91911, representing Onager Corp., stated their property
was on a private road and therefore did not receive the same services provided on a public road. He felt
their rates should be lower or the City should take over the private road and maintain it.
Bill Sreen, 8580 La Mesa Blvd., La Mesa, CA 91941, Consulting Engineer, representing Lawrence Cushman,
requested that the staff review and increase the credits given for their open space.
Lawrence Cushman, 2901 Fifth Avenue, San Diego, CA, 92103, stared there were two issues: 1) Shinoharra
Lane construction, and 2) the cul-de-sac and sensitive impact areas. He did nor feel they were receiving fair
parody. They were not receiving credit for the fact that they had sensitive impacts and slopes. He did not
feel the district itself was wide enough and that property owners were being exempted when they utilized
Brandywine.
There being no further public testimony, the public hearing was declared closed.
Councilman Moore stated that everyone agreed that improvements were needed and questioned what the
total cost of the project was.
Mr. Lippitt responded that Phase I and II was $12,766,950. The City was also paying the credits which
brought up the City~s portion ro $5,000,000. Only $104,000 would be saved fithe raised median strip was
removed and the difference from four to six lanes would save $374,000.
Councilman Moore stated that City-wide funds were being utilized to subsidize a four lane road, It was a
dangerous road and therefore he would vote to put the improvements in but he wanted to see some of the
credits reviewed. Another advantage was $1 million received from the stare.
Councilwoman Grasser Hotton questioned the deadline for submitting the grant application.
Mr. Lippitt responded that the grant application had already been submitted but the contract had to be
awarded to the contractor by 6/30/92, The assessment district would have to be approved as the contract
could not be awarded until it was finalized.
City Manager Goss stated that if the public hearing was continued and no changes were made to the
assessment district Council could then proceed in friar manner. If there were changes, it would be very
difficult to finalize those assessments and award the contract.
Mr. Lippitt stated that the credits could be revised at a later date as long as the City came up with the
money.
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June 23, 1992
Page 10
Councilwoman Grasser Horton questioned what promises were made to Ms. Gregory regarding credits to be
received in the future.
Mr. Lippitt responded that he was unaware of the promises she had stated. She had submitted invoices and
bills indicating that she had $41,600 in improvements.
Councilman Rindone stated the project would be beneficial to everyone in the proposed area but it was a
very difficult rime for everyone to pay for the improvements. The analysis on the six lane road versus the
four lane road was provided for extensively in the report and he felt there were hidden advantages in the
future. He felt legitimate concerns had been raised by property owners regarding credits given. The Council
needed to move forward with staff verifying final credits and slope credits.
Mr Fournier stated that the protests accounted for 18% of the acres in the project area.
RESOLUTIONS 16639, 16641, 16642, AND 16643 OFFERED BY COUNCILWOMAN GRASSER HORTON,
reading of the text was waived.
Mr. Fournier questioned whether it was the intention of the maker of the motion to include the confirmed
credits in the resolution approving changes and modifications.
AMENDMFJqT TO RESOLUTION 16641: (Grassear Horton/Moore) to include $tllff recomrn~tldarion$, credits
for slopes, and credits for improvements. Staff recommendations, Items 1-7, are also to be included.
Approved 3-0-2 with Malcolm/Nader absanL
VOTE ON RESOLUTIONS 16639, 16641 AS AMENDED, 16642, AND 16643: approved 3-0-2 with
Malcolm/lqade~ absent.
Councilman Moore stated it was a major project and he cautioned the City Manager to help work with the
property owners regarding problems that could arise.
Mr. Meade stated that Council could grant further credits as long as the City made up the credits and as long
as no one else's assessments were raised.
A, RESOLUTION 16639 APPROVING AGR~F. MENTS FOR EXECUTION IN ASSESSMENT DIb-iRICT
NUMBER 90-2 (OTAY VAI.I.KY ROAD)
B. RESOLUTION 16641 ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE
ENGINEER'S ~I>ORT" IN ASSESSMENT DlSfRICT NUMBER 90-2 (OTAY VAIJ.R'Y ROAD)
C. RESOLLrH ON 16642 OVId, RULING AND DENYING PROTESTS AND MAKING (]~RTAIN FINDINGS
IN ASSESSMENT DISTRICT NIJMBER 90-2 (OTAY VAt-t.k~-r ROAD)
D. RESOLUT[ ON 16643 CONFIRMING ~[HE ASSF. SSME/qT, ORDERING THE IMPROVEMENTS MADE,
TOGETHER WITH APPURTENANCES, APPROVING THE ENGINEER'S 'RF_.PORT~ , MAKING CEQA FINDINGS,
AND ADOFlING A STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING
PLAN REGARDING ASSESSMENT DISTRICT NUMBER 90-2 (OTAY VAt.hn:Y ROAD)
26. PUBLIC HEARING CONSIDERATION OF AN ORDINANCE AMENDING SECTION 12.20 OF THE
MUNICIPAL CODE AND MASiER FEE SCHEDULE REGARDING IMPOSING A FEE FOR CONSTRUCTION
PERMITS ISSUED TO UTILITY COMPANIES - Historically, tile City has not charged a fee to utility companies
Minutes
June 23, 1992
Page 11
for permits to do work within the City's rights-of-way. It is the intent of the City to impose a flat fee for
each minor penit and full cost recovery for larger jobs. Staff recommends Council place ordinance on first
reading. (Director of Public Works)
This being the time and place as advertised, the public hearing was declared open.
City Manager Goss stated the fee was one of the budget proposals presented to Council in terms of being
able to improve the City's ability to inspect the work being done by the utility companies when digging into
City streets and public right-of-way. It was a fee currently being charged by other cities.
John Lippitt, Director of Public Works, informed Council that all utility companies had been notified and
the fee had been discussed at the monthly UCC meetings. SDG&E had recommended that separate ut~ity
accounts be established so the billings could be monthly.
There being no public testimony, the public hearing was declared closed.
ORDINANCE 2S21 PLACED ON FIRST READING BY COUNCILMAN MOORE, reading of the text was ~
passed and approved 3-02 with Malcolm/Nader absent,
ORDINANCE 2521 AMENDING SECTION 12.20 OF THE MUNICIPAL CODE REGARDING
IMPOSING A FEE FOR CONSTRUCTION PERMITS ISSUED TO UTILITY COMPANIES ffirst reading5
ORAL COMMUNICATIONS
None
ACTION I~
27. RESOLLFFION 16684 ALrl~ORIZING THE MAYOR TO EXECUTE A CONTRACT FOR A
FIREWORKS DISPLAY AND ENTERING INTO INDEMNIFICATION AGB RI~MENTS WITH ROHR INDUSTRIES
AND THE SAN DIEGO UNIFIED PORT DISTRICT - Planning is being finalized for the annual Fourth of July
fireworks display to be held in the Chula Vista Bayfront. The event has been highly successful during the
past years and is expected to draw an even larger crowd this summer. Staff recommends approval of the
resolution. (Director of Parks and Recreation)
City Manager Goss stated the item would have normally been on the Consent Calendar but staff had
attempted to obtain funding from the Port of San Diego as the activity was on Tidelands, but the request
had been defeated 4-1. He informed Council that with the state budget crisis the question was starting to
arise as to what the City's expenditures were going to be. As per direction by Council during the budget
hearing, regarding no new positions in the budget being filled and nor any major pieces of equipment be
purchased until the state budget crisis was resolved, subsequent to that he had taken administrative action
to establish a hiring freeze of any vacant positions in the City subject to problems that could occur in the
public safety area. In addition, he had taken steps to inform employees of the state budget crisis. He then
gave a brief review of proposals for the state budget. He felt that the amount of the contribution for the
fireworks display from the Redevelopment Agency could be increased to approximately half of the total cost.
That would cut in half the general fund impact of the fireworks display.
Mayor Pro Temp Rindone informed the public that the hiring freeze did not impact the seasonal workers.
Therefore the swimming programs etc. could go forth. He supported staff recommendation for the fireworks
but suggested that before it came back for 1993 that there be an informal bidding process.
Minutes
June 23, 1992
Page 12
\
RESOLUTION 16684 OP-P-P. RED BY MAYOR PRO TEMP RINDONE, reading of the text was waived, passed
and approved 3-0-2 with Malcolm/Nader absent.
28. RESOLUTION 16685 AUTHORIZING THE TEMPORARY INSTAI-IATION OF A~NO LEFT TURN=
SIGN FOR FASTBOUND TF..IJ~.GRAPH CANYON ROAD AND APACHE DRIVE DURING CONSTRUCTION
PF_211OD - Staff has received several requests from the Charter Point Homeowners Association to prohibit left
turns from eastbound Telegraph Canyon Road to northbound Apache Drive during the hours of 7:00 a.m.
to 9:00 a.m. to eliminate the shortcutting by Southwestern College students. Staff recommends approval
of the resolution. (Director of Public Works)
Bob Thomas, 160 Corte Maria Avenue, Chula Vista, CA 91910, representing the Safety Commission, stated
the Commission agreed with the staff recommendation but did not feel it went far enough. The Safety
Commission felt there would be a problem in making a left turn out of Apache going east on Telegraph
Canyon Road. They felt the left turn prohibition from 7:00 - 9:00 a.m. was not adequate as there was a
problem throughout the day. Therefore, they preferred to have a twenty-four hour prohibition. Their second
recommendation was regarding the left turn from Apache onto Telegraph Canyon Road. When Telegraph
Canyon Road is widened to three lanes they would have to cross three lanes to go east with cars going at
least 50 mph. Their recommendation was to locate a temporary median for no left turns from Telegraph
Canyon Road up to Apache as the first step. Staff was also going to look into the possibility of installing
a raised median all the way up.
Vicki Madrid, 1538 C Apache Drive, Chula Vista, CA, representing the Charter Point Homeowners Assoc.,
stated there was a problem with students shortcutting off of Telegraph Canyon Road onto Apache Drive,
speeding, and illegal double left turns from Apache Drive onto Otay Lakes Road. Homeowners had been
surveyed and felt a temporary prohibition was acceptable. A twenty-four hour prohibition seemed a drastic
measure for a limited problem. Another concern was the detour due to the Phase III construction, that those
living on Apache Drive would be unable to access Apache Drive without installation of temporary 4-way stop
signs at the major arteries. The Association would like to see the temporary sign go in for the two hour no
left turns and if needed, a study be done further down the road.
Councilman Moore expressed his concern regarding the crossing of three lanes of fast moving traffic and felt
it would be a dangerous situation.
Ms. Madrid responded that most of the homeowners exited Apache on to Telegraph Canyon Road going
towards the freeway. The major concern was that if you were coming from the west on Telegraph Canyon
Road you would not be able to make a left turn onto Apache.
Dana Tago, 1538 C Apache Drive, Chula Vista, CA 91910, stated she was in favor of the no left turn onto
Apache Drive, but it should not be twenty-four hours. She was concerned regarding the traffic being routed
through Apache Drive and did not feel there was consideration for the homeowners and their access from
the individual courts to Apache Drive.
RESOLUTION 16685 OI.1,P.J!ED BY COUNCILWOMAN GRASSER HORTON, reading of the text was waived.
Staff is to review the area after the completion of consu-uction.
Councilman Moore stated that during construction Otay Lakes Road "T" would be closed from three to five
days. He felt departing Apache Drive going east was an extremely dangerous situation.
Hal Rosenberg, Traffic Engineer, stated the current design allowed for a left turn at Apache Drive eastbound.
The traffic signal that would be part of the contract would provide for a U-turn to that if the left turn was
denied, it would be possible to make a U-turn 400 feet to the east. If Council approved the prohibition at
the intersection, staff would recommend a prohibition of left tums out of Apache but allow the left turn in
the eastbound direction into Apache. The best solution would be to close the intersection completely.
Minutes
June 23, 1992
Page 13
John Lippitt, Public Works Director, stated that if the Council decided they wanted m prohibit traffic either
entering, exiting, or both, the timing to do that, from an economic standpoint, would be when building the
median. The plan was now to build a left turn pocket. The report dealt with the temporary sign issue and
staff needed to go back and look at the permanent issue before the median would be built.
VOTE ON RESOLUTION 16685: approved 3-0-2 with Malcolm/Nader absent.
29.A. RESOLUTION 16686 ALlTHOR[ZING THE ISSUANC~ OF BONDS, APPROVING BOND INDENllJRE
AND OFFICIAL STATEMENT FOR ASSESSMENT DISTRICT NUMBER 91-1 CI~t-RGRAPH CANYON ROAD-
PHASE H) - These are the closing resolutions for the Telegraph Canyon Road-Phase II assessment district
proceedings. They approve certain bond-related documents and award the bond sale to the lowest bidder.
Staff recommends approval of the resolutions. (Director of Public Works)
Lyman Christopher, Director of Finance, stated that bids were received for the purchase of $6,839,45S.29
of bonds for Assessment District 91-1. The City received two bids, one from Prudential Securities which bid
a net interest cost of 7.27% and the second bid was received from Stone & Youngbird which bid a net
interest cost of 7.32%. Based on the two bids, staff recommended award of the sale of bonds to Prudential
Securities.
Councilman Moore questioned whether a "buyers awareness" condition was being utilized for all
assessments.
Mr. Christopher stated there was a policy of full disclosure for all the fees and special taxes accrued to any
of the landowners. A spread sheet was given to the home buyer ouflining the different taxes and fees on
the land and estimated annual assessments. The statement was provided by the developer to the potential
homebuyers.
Councilman Moore requested that Council receive a copy of the disclosure statement every time an
assessment district was established.
RESOLLFFION 16686 AND 16687 OFFERED BY MAYOR PRO TEMP RINDONE, reading of the text was
waived, passed and approved 3-0-2 with Malcolm/Nader absent.
B. RESOLUTION 16687 MAKING AWARD FOR SALE OF BONDS AND PROVIDING FOR THE
ESTABLISHMENT OF A REDEMPTION FUND FOR ASSESSMENT DISTRICT NUMBER 91-1 (TRLR. GRAPH
CANYON ROAD-PHASE II)
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ITEMS pUIJ.RD FROM THE CONSENT CALENDAR
Item pulled: 17. The minutes will reflect the published agenda order.
OTHER BUSINESS
30. CITY MANAGER'S REPORT{S)
City Manager Goss stated that Council had received information regarding the CounW's financial restraints
as it related to the landfill. In his view, those constraints had nothing to do with the County's ability to pay
Minutes
June 23, 1992
Page 14
for the operation of the landfill as it wa a separate sanitary landfill enterprise fund that basically supported
all the landfill operations supported by the County. They have increased their per tonnage rate over the past
several years to a fairly high rate to make sure that those landfill operations would be self-sustaining.
31. MAYOR'S REPORTf S)
a. The City Manager had stated that he intended to return to Council with a report regarding the
upgrades of the park ranger program. He requested that staff include the following information in the
report: 1) workload data regarding the park ranger program since its inception in 1980, i.e. acres of park
patrolled, work requirements for park rangers, etc., and 2) provide data regarding police calls for service by
parks and types of calls.
b. Referred to the expansion of the playground aides and leaders for an additional six or seven
playgrounds which was the second of a three year program. He hoped that staff would be very hesitant in
suggesting that there be reductions in that area. The program gave a bigger bang for the buck as it dealt
with the 'latchkey~ children of the community.
32. COUNCIL COMMENTS - None
ADJOURNMENT
ADJOURNMENT AT 8:56 P.M. to a Special City Council Meeting on Tuesday, June 30, 1992 at 6:00 p.m.
in the City Council Chambers.
A Special Meeting of the Redevelopment Agency of the City of Chula Vista convened at 8:57 p.m. and
adjourned at 8:59 p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
Vicki C. Soderquist, Depdty City Clerk