HomeMy WebLinkAboutcc min 1986/02/04 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, February 4, 1986 Council Chamber
4:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT Mayor Cox; Councilmembers Malcolm
(arrived late), Moore, Scott, McCandliss
MEMBERS ABSENT None
STAFF PRESENT City Manager Goss, City Attorney Harron,
Assistant City Manager Asmus
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
The Pledge of Allegiance to the Flag was lead by Mayor Cox,
followed by a moment of silent prayer.
1. APPROVAL OF MINUTES for the meetings of January 15, 23, 25,
27, 28, and 30, 1986.
MSUC (Cox/McCandliss) to approve the minutes. (Mayor Cox
abstained on the Minutes of January 25 due to his absence from
that meeting.)
2. SPECIAL ORDERS OF THE DAY
a. OATHS OF OFFICE TO NEWLY APPOINTED COMMISSIONERS - City Clerk
City Clerk Fulasz administered the Oath of Office to the
following:
Nancy Palmer - Montgomery Planning Committee
Roger Lindsay - Library Board of Trustees
b. PRESENTATION REGARDING DEVELOPMENT OF THE SOUTH BAY CULTURAL
ARTS CENTER - James Cusack, School of the Performing Arts,
Sweetwater Union High School District, 820 Fourth Avenue,
Chula Vista 92011
Minutes 2 February 4, 1986
Mr. Cusack discussed the following pertaining to the
development of the South Bay Cultural Arts Center: merits of
the project have been verified by the feasibility study; a
2-1/2 acre site has been donated in the EastLake development;
along with the landscaping; Chula Vista needs this type of
qommunity arts center; the theater will consist of 850 seats;
feasibility study has been prepared by the Dykstra firm;
completion date is estimated to be 1990 with construction to
begin as soon as funding is available; total cost for the
facility will be between ~6 and $9 million; a separate 40%
funding source is available; Cable TV capacity could be
rented for additional revenue to the theater, along with
ticket sales and building rental.
Mr. Cusack pointed out with a $1 million commitment from the
City, construction on the project could commence immediately.
Discussion followed regarding the feasibility of this project
and its relationship to the existing performing arts center
in the downtown redevelopment area.
MSUC (McCandliss/Scott) to convene a Council Conference at the
earliest convenience to discuss the feasibility study in more
detail.
3. WRITTEN COMMUNICATIONS
a. REQUEST FOR TRAFFIC SIGNAL AT AUBURN/EAST "H" STREETS -
Richard Stork, President, School Site Council, Tiffany
School, 1691 Elmhurst Street, Chula Vista 92010
In order to insure the safety of school children, the Tiffany
School Site Council recommended a traffic signal be installed
at this intersection. Information was also requested
concerning the City's plans regarding the traffic problems in
the Tiffany School area.
City Manager Goss recommended the request be referred to
staff for study as part of the traffic signal priority list.
Staff will contact Mr. Stork indicating PTA'S availability to
meet with the site council to explain plans for traffic
circulation and traffic control in the area east of Otay
Lakes Road regarding their latter request.
MSUC (Moore/McCandliss) to accept the City Manager's
recommendation.
b. REQUEST FOR COUNCIL INTERVENTION REGARDING MOBILEHOME PARK
RENT INCREASES - Heinz Seller, 1425 2nd Avenue, #309, Chula
Vista 92011
Minutes - 3 - February 4, 1986
Mr. Seiler requested the Council broaden the scope of
Ordinance 1997 relative to mobilehome park space rent for the
protection of the mobilehome owner and other issues
unresolved due to "lack of communication at the park level."
Mr. Seiler requested further Council discussion on this item
due to events which transpired in the time the letter was
submitted to Council and now. A residents' meeting regarding
this item will be held tomorrow evening. Mr. Seiler also
requested he be invited back to the City Council meeting when
this item is reconsidered.
The City Manager recommended this letter be acknowledged and
a copy of both the letter and acknowledgement be forwarded to
the Mobilehome Issues Committee.
MSUC (Scott/McCandliss) to move on the staff recommendation and
invite Mr. Seiler back.
c. REQUEST FOR SUPPORT OF PROPOSED BAYWIDE SMALL CRAFT ANCHORAGE
PLAN Mayor Dorman, City of Coronado, 1825 Strand Way,
Coronado 92118
The Baywide Small Craft Anchorage Plan, currently under
consideration by the U.S. Coast Guard, if approved, will
solve many present and near future threats to safe navigation
on San Diego Bay. Mayor Dorman requests the City's
endorsement of this plan since the Coast Guard indicated they
will not adopt the regulations proposed.
MSUC (Scott/Cox) to prepare a "strong" letter expressing
additional support to be submitted to the U.S. Coast Guard
supporting this plan as developed by the Port of San Diego.
Mayor Cox added the Coast Guard is obligated to hold a public
hearing before anything becomes official, and he urged
attendance by members of the public as well as the City
Council at this hearing.
d. CLAIMS AGAINST THE CITY -
(1) Edwin & Rosemary Hildebrand
c/o Walter P. Christensen, Esq.
Arroyo Canyon Professional Centre
651 Arroyo Drive, Ste. 100
San Diego, CA 92103
(2) David Woods
550 Tidelands Avenue, Slip C2-26
Chula Vista, CA 92010
Minutes - 4 ~ February 4, 1986
(3) Paul Legler
231 Fourth Avenue
Chula Vista, CA 92010
Claims totaling ~2,040,569.12 have been filed for the
following: (1) alleged wrongful death as the result of an
automobile accident at Broadway and "L" Street on October 21,
1985; (2) personal injuries from a motorcycle accident
occurring at the intersection of "J" Street and Tidelands
Avenue on September 4, 1985 and; (3) injuries resulting from
a fall on a cracked sidewalk on "I" Street on February 25,
1985.
MSC (McCandliss/Moore) to deny the claims. (Councilman Scott
abstained on item 3d(3) due to his business association with Mr.
Legler.
e. REQUEST FOR RECONSIDERATION OF A "MCDONALD'S" SIGN AT I-5 &
"E" STREET - William L. Gardner II, Real Estate
Representative, McDonald's Corporation, 8840 Complex Drive,
Ste. 300, San Diego 92123 (Continued from January 28, 1986)
This item was trailed pending the arrival of Councilman Malcolm.
CONSENT CALENDAR (7 14)
Items 13 and 14 pulled.
MSUC (McCandliss/Moore) to approve the Consent Calendar.
7. RESOLUTION 12355 ACCEPTING BIDS AND AWARDING CONTRACT FOR
BONITA ROAD/wE" STREET TRAFFIC SIGNAL AND
STREET IMPROVEMENTS IN THE CITY OF CHULA
VISTA (Director of Public Works/City
Engineer)
On January 22, 1986, sealed bids were 'received for this project.
which consists of installation of a new traffic signal, removal of
existing improvements, and construction of curb, gutter, sidewalk,
asphalt paving, inlets, storm drains, and other miscellaneous work.
Director of Public Works/City Engineer Lippitt recommended that
Council authorize the expenditure of ~121,400, and accept bids and
award the contract to Select Electric, Inc., low bidder, in the
amount of ~110,384.03.
Minutes - 5 February 4, 1986
FINANCIAL STATEMENT:
Funds Available from the Following Accounts:
A. Street Improvements/Traffic Signal - Bonita
Road and "E" Street Account ~ 74,570.00
B. Traffic Signal-Bonita Road/"E" Street Account 74,570.00
TOTAL FUNDS AVAILABLE ~149,140.00
Funds Required for Construction:
A. Contract Amount $110,384.03
B. Contingencies (approx. 10%) 11,015.97
TOTAL FUNDS FOR CONSTRUCTION OF PROJECT $121,400.00
8. RESOLUTION 12356 APPROVING THE FINAL MAP FOR CHULA VISTA
TRACT 85-11, EASTLAKE I UNIT 3, ACCEPTING
ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS DEDICATED ON SAID MAP, ACCEPTING
THE EASEMENTS, APPROVING SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION
OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND APPROVING SUPPLEMENTAL
IMPROVEMENT AGREEMENT FOR NON MAP ACT
REQUIREMENTS PRIOR TO APPROVAL OF
IMPROVEMENT PLANS, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENTS
(Director of Public Works/City Engineer)
On January 28, 1986, the City Council approved a final map for
CVT-84-9, EastLake I, Unit 3. The purpose of said map was to
create a legal parcel Of land for the purpose of transferring
title to said parcel. Lane/Kuhn Pacific Development Company holds
the title to said land at the present time and requested approval
of this map which includes 93 single-family lots. Approval of
this map will also include the acceptance of streets, drainage and
sewer easements all as shown on the map.
The Final Map for CVT 85-11, EastLake I, Unit 3 has been reviewed
by the Engineering Department and found to be in conformity with
the Tentative Map approved by the City Council on September 17,
1985 by Resolution No. 12162.
9. RESOLUTION 12357 APPROVING THE FINAL MAP FOR CHULA VISTA
TRACT 86-1, EASTLAKE I, UNIT 2, AND
ACCEPTING ON BEHALF OF THE CITY OF CHULA
VISTA THE EASEMENT GRANTED ON SAID MAP
(Director Of Public Works/City Engineer)
Minutes 6 - February 4, 1986
On December 17, 1985, by Resolution No. 12303, the City Council
approved a final map for CVT 84-9, EastLake I Unit 2. Recordation
of said map was the legal instrument which enabled EastLake
Development Company to sell the land included within that map.
Barratt Northern California, Inc., in turn, bought the land and is
requesting approval of this map which includes 25 lots (232
condominium units). Approval of the map will also include
acceptance of drainage and sewer easements shown on the map.
The Final Map for CVT 86-1, EastLake I, Unit 2, has been reviewed
by the Engineering Department and found to be in conformity with
the Tentative Map approved by the City Council on October 15,
1985, by Resolution No. 12197.
10a. RESOLUTION 12358 APPROVING FINAL SUBDIVISION MAP OF CHULA
VISTA TRACT 85-10, EL RANCHO DEL REY UNIT
6E, ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS DEDICATED ON SAID MAP, AND
ACCEPTING ON BEHALF OF THE CITY OF CHULA
VISTA THE EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION, AND APPROVING
AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
(Director Of Public Works/City Engineer)
b. RESOLUTION 12359 ACCEPTING GRANT DEED TO CERTAIN REAL
PROPERTY FROM EL RANCHO DEL REY FOR
ONE-FOOT CONTROL LOT A AS SHOWN ON THE
FINAL MAP FOR EL RANCHO DEL REY UNIT 6E
c. RESOLUTION 12360 ACCEPTING GRANT OF EASEMENT FROM JAMES
EMMETT BENNETT & SUSIE MARY BENNETT, AS
CO-TRUSTEES OF THE BENNETT FAMILY TRUST
AGREEMENT DATED SEPTEMBER 23, 1983 FOR
STREET PURPOSES AND NAMING AND DEDICATING
THE STREET EASEMENT AS EAST .jr STREET
On July 2, 1985 by Resolution 12069, Council approved the
Tentative Map for Chula Vista Tract 85-10, E1 Rancho Del Rey Unit
6E (consisting of nine residential units). Approval of the map
includes acceptance of the portion of East "J" Street along the
north side of the subdivision.
11. RESOLUTION 12361 ACCEPTING "INFORMAL" BIDS AND AWARDING
CONTRACT FOR BALL FIELD FENCING AT
RIENSTRA PARK (Director of Parks &
Recreation)
Minutes 7 February 4, 1986
"Informal" bids were requested by the Purchasing Agent on November
20, 1985, for "removal of existing fences at Rienstra Sport
Complex and to furnish new fence material as per specifications."
FINANCIAL STATEMENT:
Funds'Available from the Following Account:
A. Rienstra Park Phase I $70~142
Total Funds Available ~70,142
Funds Required for Contract:
A. Contract Amount $17,000
B. Contingency (5%) 850
Total Funds for Project ~17,850
Director of Parks & Recreation Mollinedo recommended Council award
the contract to Atcem Fence Company.
12. RESOLUTION 12362 APPROVING AGREEMENTS BETWEEN THE CITY OF
CHULA VISTA AND DATA PHASE CORPORATION TO
CONTINUE THE AUTOMATED LIBRARY SYSTEM AND
ALLOW CHULA VISTA TO PROVIDE AUTOMATED
LIBRARY SERVICES TO NATIONAL CITY PUBLIC
LIBRARY, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS (Library Director)
In May 1979, the City contracted with DataPhase Systems, Inc., now
called Data Phase Corporation, to provide computer hardware and
delivery of software to automate the library circulation system.
This software, ALIS-I, has been superseded by ALIS-II. New
contracts are now required which will provide for licensing of
ALIS-II software, maintenance of the ALIS-II software, and provide
National City Public Library with automated library circulation
services via a contract with Chula Vista. DataPhase has also
delineated fees for the computer language, MIIS, leased from
Medical Interpretive Information Technologies, Inc.
Adequate funds are available to cover the remainder of the fiscal
year under the new contract. Proposed annual maintenance fees
will be $2,232 for the MIIS operating system and ~5,280 for ALIS
software.
13. ORDINANCE 2139 ESTABLISHING THE POWER AND PROCEDURES
WHEREBY REVENUE BONDS MAY BE DEFEASED AND
THE CITY MAY SELL OR LEASE A HEALTH
FACILITY - SECOND READING AND ADOPTION
(Community Development Director)
(Pulled from Consent Calendar.)
Minutes - 8 - February 4, 1986
14. REPORT INSURANCE COVERAGE FOR THE CHULA VISTA
LIVE STEAMERS OPERATION IN ROHR PARK
(Director of Parks & Recreation)
(Pulled from Consent Calendar.)
END OF CONSENT CALENDAR
13. ORDINANCE 2139 ESTABLISHING THE POWER AND PROCEDURES
WHEREBY REVENUE BONDS MAY BE DEFEASED AND
THE CITY MAY SELL OR LEASE A HEALTH
FACILITY SECOND READING AND ADOPTION
(Community Development Director)
Councilman Scott, noting a possible conflict of interest as his
employer is the financial adviser with National Medical
Enterprises (NME), abstained from discussion and voting and left
the dais.
(Councilman Malcolm arrived at this time, 4:35 p.m.)
In his statement to the City, City Attorney Harron explained that
this ordinance was placed on first reading on January 28, 1986 and
empowers the City to act in relationship to a series of
transactions affecting Bay Hospital. The ordinance does not bind,
commit the City, and is not effective until 30 days after the
second reading. Nevertheless, the passage of the ordinance is a
signal that the City will be involved.
Attorney Harron added Bay Hospital's attorney, Mr. Tibbitts,
requested the word "sale" remain in the ordinance - this word was
deleted by Council at the last meeting.
Discussion ensued regarding revisions to ordinances which have
already been placed on first reading.
Councilman Malcolm commented although he feels he has a potential
conflict of interest because a relative is employed by NME, he
would participate in further discussions regarding the lease with
the hospital if NME is not involved.
City Attorney Harron commented Councilman Malcolm does not have a
conflict of interest and he has no problem with him participating
in future discussions. However, more information regarding
Merrill-Lynch's participation would have to be obtained before
rendering an opinion on Councilman Scott's participation in the
future.
Councilman Malcolm left the dais at this time.
Minutes - 9 - February 4, 1986
In response to Mayor Cox's question, City Attorney Hatton noted
the City is not limited by anything in the findings outlined in
the ordinance. In other words, the City is not obligated to do
anything. He also noted deleting the word "sale" was at the
caution of O'Melveny & Myers to Bay Hospital.
Mr. Harris Koenig, representing National Medical Enterprises
(NME), stating the word "sale" relates to the security for the
$8.5 million loan that NME would make to the City of Chula Vista.
By inserting "sale," the City will allow protection for this loan.
City Attorney Harron concurred that the term is not significant;
however, this option would have to be provided in the lease.
MSC (Cox/Moore) to reinserr the word "sale" in the ordinance with
the understanding it does not obligate the City to anything.
(Councilmen Scott and Malcolm abstained.)
MSC (Cox/Moore) to place the Ordinance on second reading and
adoption. (Councilmen Scott and Malcolm abstained.)
Councilmen Scott and Malcolm returned to the dais.
3. WRITTEN COMMUNICATIONS (Continued)
e. REQUEST FOR RECONSIDERATION OF A "McDONALD'S SIGN AT I-5 &
"E" STREET - William L. Gardner II, Real Estate
Representative, McDonald's Corporation, 8840 Complex Drive,
Ste. 300, San Diego 92123 (Continued from January 28, 1986)
In 1985, the McDonald's Corporation was denied a permit for a
freeway sign by the City Council. Mr. Gardner requested the
Council schedule further discussion on this issue due to
Council's recent action on two existing signs for a
restaurant and a motel near McDonald's proposed location.
Mr. William Gardner, 8840 Complek Drive, #300, San Diego
92123, representing McDonald's, discussed the background on
this sign permit denial. The Planning Commission approved
the sign permit but the decision was overturned by the City
Council on a 1-4 vote. He requested a resolution to the
problem on a reasonable basis noting the same restrictions
for signage should be placed on other users across the
freeway as on his facility.
In response to Council concerns, Planning Director Krempl
explained monument signs are appropriate for this property,
and the language of the precise plan allows flexibility in
considering other options for signage.
Minutes - 10 - February 4, 1986
MS (Malcolm/McCandliss) to file the request.
Mayor Cox commented if there is a willingness on the
developer's part to remove the existing billboard, this issue
could be referred to staff for a determination of the
feasibility and costs associated with it, and erecting an
interim sign with a specific period placed on it.
Councilman Malcolm suggested a trade-off could be for
McDonald's to provide landscaping along the nearby trolley
line. In any event, the developer would have to come back
with a more appropriate sign before he could support it.
SUBSTITUTE MOTION
MS (Cox/Moore) to refer this request to staff to ,develop
conditions that would allow for the McDonald's/Sixpence sign, but
at the same time provide for either landscaping and/or an
agreement to have the proponent remove the existing double-faced
billboard.
Councilwoman McCandliss commented the first time this sign
was considered by the Council, the proponent stated the
project would not work without the signage and they would not
build the facility at this location; however, the facility
has been constructed.
Discussion followed concerning the success or failure due to
lack of signage for the adjacent hotel, and a compromise to
eliminate the Sixpence sign and reduce the McDonald's sign by
100 feet.
The motion to refer the item to staff passed by the following vote:
AYES: Cox, Moore, Malcolm
NOES: Scott, McCandliss
ABSTAIN: None
PUBLIC HEARINGS AND RELATED RESOLUTIONS & ORDINANCES
4. PUBLIC HEARING APPEAL OF CONDITIONAL USE PERMIT
PCC-86-15; REQUEST TO CONSTRUCT A 24-HOUR
SELF-SERVICE GAS STATION WITH MINI-MARKET
AND CAR WASH AT NORTHWEST QUADRANT OF
BONITA ROAD AND PLAZA BONITA ROAD - MOBIL
OIL CORPORATION (Director of Planning)
RESOLUTION APPROVING CONDITIONAL USE PERMIT
PCC-86-15 FOR MOBIL FACILITY AT BONITA
ROAD AND PLAZA BONITA ROAD
Minutes - 11 - February 4, 1986
Councilman Scott noted in the past he has had a possible conflict
of interest due to his request for a moratorium on "E" Street.
City Attorney Harron remarked the FPPC ruled that a conflict would
exist in this case; however, since Councilman Scott no longer
advocates a moratorium, no further conflict exists.
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Planning Director Krempl explained this item is an appeal by Mobil
Oil Corporation of the Planning Commission's denial of their
request to construct a 24-hour, self-service gas station with
mini-market and car wash at the northwest quadrant of Bonita Road
and Plaza Bonita Road in the C-V-P zone.
An Initial Study, IS-84-25 and addendum of possible adverse
environmental impacts of the project was conducted on December 30,
1985. The Environmental Review Coordinator concluded that there
would be no significant environmental effects and recommended the
Negative Declaration be adopted.
The recommendation is to reverse the Planning Commission decision
and approve the request, subject to the following conditions:
a. Development of the site shall comply with the plan
approved or conditionally approved by the Design Review
Committee.
b. The developer shall construct the median to be built on
Bonita Road subject to the approval of the City Engineer.
Director Krempl submitted transparencies depicting project
boundaries and location; two access points to the service station;
median island to be constructed by the applicant for the first
access point; the site layout and elevation; applicant will return
to the Design Review Committee for sign review; traffic generation
due to the project.
Director Krempl added access would be required to Bonita Road to
be determined by the Traffic Engineer. Opposition has been
expressed by the Sweetwater Civic Association.
Traffic Engineer Glass explained the estimated trip ends generated
by this project is approximately 750 vehicles per day. This
figure is used to determine traffic signal fees.
Councilwoman McCandliss questioned closing off access to Bonita
Road. In response, Traffic Engineer Glass stated in his opinion
the service station would not be a viable project without access
to Bonita Road.
Minutes ~ 12 - February 4, 1986
Discussion followed concerning the County-owned parcel which
separates the gas station site from Plaza Bonita Road to the north
and east. Councilman Malcolm suggested holding off approval of
the request pending the County's action on their property noting a
more viable project can be developed combining both parcels.
Direceor Krempl agreed adding staff prefers a unified design and
site plan with a single user for the parcels; however, whether the
site is developed by one user or two, would not change the use.
Councilman Malcolm suggested constructing a road across Plaza
Bonita Road to provide easier access to 1-805. Traffic Engineer
Glass responded this would be subject to CalTrans approval.
In answer to Mayor Cox's question concerning the impact of the
Route 54 opening,' Mr. Glass stated the 1-805/I-5 segment will
realize a significant drop in volume at Bonita Road/"E" Street
west of the freeway, but very little change in volume on Bonita
Road and the subject area. There would be some diversion to 1-54,
but this development would counterbalance that.
Mr. Lee Hanley, 612 South Flower, Los Angeles, representing Mobil
Oil Company, remarked the traffic study was performed by Herman
Kimmel & Associates for his company. He agreed the project would
not be feasible without access to Bonita Road.
Mr. Blair Fountain, 2828 Oaktree Way, Fallbrook 92028, explained
the convenience facility at this service station sells "impulse"
products. He requested approval by the City Council based on
staff's report.
Mr. Robert Lowry Smith, 3500 Bayside Walk, San Diego 92109,
stated he is the trustee to the Robert C. Bradley Trust. He
requested Council adopt the resolution presented this afternoon
which would reverse the Planning Commission's decision.
Mr. James Chodzko, 1320 Columbia Street, San Diego 92101,
representing the Bradley family, stated that circumstances beyond
their control lead them to go with a new developer for the site.
He requested Council not wait for County action regarding their
property, and pointed out this project requires about 40% less
traffic than the former proposed user (Burger King).
Mr. George Kost, President, Sweetwater Valley Civic Association,
3609 Belle Bonnie Brae Road, Bonita 92002, discussed traffic
problems in this area due to proposed developments as well as this
project, and due to the car wash use. He suggested having a
landscaped area with a fountain or entry way sign to Bonita as a
more appropriate use for the site.
There being no further public testimonies, either for or against,
the public hearing was declared closed.
Minutes - 13 - February 4, 1986
Councilman Malcolm suggested delaying a decision on this item
pending County action to sell their property. He also suggested
staff look into the possibililty of an on-ramp to 1-805 by
requiring dedication of the street.
Councilwoman McCandliss concurred with the continuance adding more
planning is needed in this area she could not support the
existing configuration.
Councilman Scott suggested staff may have been remiss in not
planning the whole property. It is not fair to the property owner
to have property zoned commercial and not be able to utilize the
site for that purpose. The ultimate decision would be for the
City to purchase the property in order to determine a suitable
use. He suggested staff propose a time-certain for purchase of
the property or coming up with some solutions.
MSUC (Malcolm/Scott) to continue this item for two weeks for the
following reasons:
1. public future dedication along Bonita Road for third
travel lane;
2. a possibility of an on-ramp or dedication of land off
Plaza Bonita Road onto the Bonita Road on-ramp; and,
3. contact the County of San Diego regarding their
intentions of the surrounding property.
The City Council recessed to dinner at 6:19 p.m.
Mayor Cox announced that during the recess, Council will meet in
Closed Session regarding litigation (Chula Vista v. Reed) and
personnel matters.
The meeting reconvened at 6:54 p.m. Mayor Cox announced that
during Closed Session, Council took action to retain outside
counsel (Gottlieb & Viviano) regarding the flooring for the
Parkway Community Center litigation.
5. PUBLIC HEARING PCS-85-5; CONSIDERATION OF REVISED
TENTATIVE MAP FOR LAS BRISAS DEL MAR,
CHULA VISTA TRACT 85-5 - PIONEER
MORTGAGE COMPANY (Director of
Planning)
RESOLUTION 12363 APPROVING TENTATIVE SUBDIVISION MAP
FOR LAS BRISAS DEL MAR, CHULA VISTA
TRACT 85-5
Minutes - 14 February 4, 1986
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
The applicant has submitted a tentative subdivision map known as
Las Brisas Del Mar in order to subdivide 2.34 acres into five lots
at 188 N. Del Mar Avenue in the R-1 zone.
Director of Planning Krempl explained the developer proposes to
remove the existing dwelling and subdivide the parcel into five
lots. Four of the five lots, with a net individual area in excess
of 7,000 sq. ft., will be served from a private easement extended
from Del Mar Avenue and Bayview Way. The fifth lot is
approximately 1-1/2 acres in size with over one acre located in
the 100-year floodplain of the Sweetwater River.
Staff recommended approval of the subdivision subject to 11
conditions adopted by the Planning Commission.
Councilman Malcolm questioned inclusion of sound protective
devices to protect homes in the area.
Mr. Curt Nolan, 4855 Rufner Street, San Diego, stated he would not
have any objections to requiring noise mitigation measures,
additional landscaping, or a wall. He noted an Environmental
Impact Study (EIS) had been prepared by the developer and reviewed
by staff and at no time was it noted noise was a problem.
Mr. Peter Barkowitz, 184 No. Del Mar, Chula Vista, property owner
next to the proposed project, stated he has no problems with the
noise unless someone illegally works on a motorcycle in the area.
He expressed concern with the proximity of construction to his
property and the overhead utility lines located above his home.
There being no further testimony, the public hearing was declared
closed.
MSUC (Malcolm/Scott) to add an additional condition (#12) that
would require approval of the Planning and Building & Housing
Directors to approve any sound protective devices they believe
necessary to protect homes prior to issuing building permits.
RESOLUTION OFFERED BY MAYOR COX, as amended, the reading of the
text was waived by unanimous consentt passed and approved
unanimously.
MSUC (Cox/Scott) to ask staff to investigate and report back to
the City Council on the existing utility lines over the
single-family dwelling.
6. ORAL COMMUNICATIONS - None.
Minutes 15 - February 4, 1986
14. REPORT INSURANCE COVERAGE FOR THE CHULA VISTA LIVE
STEAMERS OPERATION IN ROHR PARK (Director of
Parks & Recreation)
On October 15, 1985, staff was directed to prepare a report and
list various options regarding insurance coverage for the Chula
Vista Live Steamers (CVLS). CVLS currently has an agreement with
the City to operate and maintain a miniature steam railroad system
in Rohr Park.
Based on current policy adopted January 24, 1984, the City Manager
recommended Council require CVLS to carry ~1 million insurance
coverage without receiving financial assistance from the City.
In answer to Councilman Malcolm's question, Director of Parks &
Recreation Mollinedo explained the $1 million insurance coverage
is required by the City's risk management company. City Manager
Goss added Council adopted a policy on insurance risks range for
~low hazard" to "high hazard" operations - as an example,
parachute jumping would be a high hazard and a ten KM run or band
parade would be a low hazard.
Councilman Malcolm expressed concern that this operation is not
listed in a higher risk category. He suggested the City should
pick up an additional insurance coverage cost rather than risk
personal injury to any participants of this operation.
Mr. Ace Wischstadt, 752 Elder Avenue, Chula Vista, representing
CVLS explained the background of the insurance coverage dilemma.
He stated the insurance required two separate $500,000 policies
with the second policy more expensive than the first. Also, a
movement is underway to form a federation of "Live Steamers" clubs
to obtain a group insurance policy. However, the formulation of a
non-profit federation could take several years.
Councilman Scott stated he would lean towards option #3 as
proposed by staff (the City paying half of the premium for a ~1
million required coverage) due to the promotional aspects of this
activity.
MSUC (Scott/McCandliss) to approve out of the promotional budget
that the City pay the additional $500,000 premium in conjunction
with the 1986-87 budget.
OTHER RESOLUTIONS AND ORDINANCES
15. RESOLUTION 12364 AUTHORIZING THE PURCHASE OF COMPUTER
MEMORY AND DISK, APPROPRIATING THE
NECESSARY FUNDS, AND WAIVING FURTHER
BIDDING REQUIREMENTS (Director of
Management Services/Director of
Finance)(Continued from January 28,
1986)
Minutes - 16 - February 4, 1986
Director of Management Services, Jim Thomson stated that during
August 1984, the City purchased its current Burroughs B-2925
mainframe computer with the intent of being able to upgrade its
capacity as the demands on it grew. The computer's capacity
should now be expanded by adding more memory and disk storage in
order to meet the various users' needs and better take advantage
of the computer's potential capability.
The estimated total cost for the purchase, installation, and
maintenance of the proposed computer memory and disk is $31,000.
He recommended this amount be appropriated from the unappropriated
General Fund reserve to the Data Processing Other Equipment
account.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text
was waived by unanimous consent.
Councilman Moore expressed concern that Council may favor this
type of request when other items of greater importance are
necessary in the City.
Councilman Scott concurred stating this request should have come
to Council sooner (at budget time); however, the City should not
be this far behind in its automation.
Director of Management Services Thomson explained the computer
equipment was budgeted for in last year's request. However, the
budget preparation is a 20-month process and it is difficult to
judge computer needs when the computer industry is so volatile to
predict.
The motion to adopt the resolution passed unanimously.
16. RESOLUTION 12365 APPROVING THE PROJECT FOR
CONSTRUCTION OF DOUBLE LEFT TURN
LANES AT 1-805 AND BONITA ROAD AND
APPROPRIATING FUNDS THEREFOR
(Director of Public Works/City
Engineer)
In response to a staff report concerning the inability of CalTrans
to construct the double left-turn lanes onto southbound 1-805 at
Bonita Road, Council directed staff to contact CalTrans and
National City to get financial participation from National City
for this project. Staff has met with CalTrans and National City
staff, and it is proposed that the project will be constructed by
CalTrans with participation from all three agencies.
Director Lippitt recommended Council appropriate $25,000 from the
Traffic Signal Fund for Bonita Road/I-805 signal modifications.
Minutes 17 - February 4, 1986
It was further recommended by the City Manager that if National
City participates in this project, a letter of appreciation be
transmitted to that City thanking them for their cooperation in
this project.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text
was waived by unanimous consent~ passed and approved unanimously.
City Manager Goss noted this item will be docketed on National
City's Council agenda next week.
17. RESOLUTION 12366 APPROVING PAYMENT OF $1,876 TO LEE
BURCH FOR COSTS ASSOCIATED WITH THE
RELOCATION OF GREG ROGERS HOUSE AND
APPROPRIATING FUNDS THEREFOR
(Director of Finance)
At the Council meeting on January 28, 1986, Mr. Lee Burch
requested the City assist him in paying unexpected costs
associated with the relocation of the Greg Rogers House. The
costs included a ~2,702.38 charge from SDG&E for overtime pay
incurred and $1,050 from Hansen Moving Company for extra time
spent in moving the home.
Cost to the City is ~1,876 to be appropriated from the
unappropriated reserve of the General Fund.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
18. REPORT OF THE CITY MANAGER
City Manager Goss acknowledged receipt of a letter from the County
regarding the Sweetwater Traffic Study.
19. MAYOR'S REPORT
a. Mayor Cox, referring to an informational item, suggested
staff investigate the situation referred to from Mr. and Mrs.
Maynard Joseph pertaining to RVs parked on private property.
b. The Coastal Commission will consider amendments to the City's
Local Coastal Program (LCP) regarding the siting of the
Interpretive Center this Thursday. He indicated it may be
advisable for other Council members to attend this meeting.
MSUC (Malcolm/Moore) to send the Mayor (to this meeting).
c. Mayor Cox commented on the parking problem at the Library.
Minutes - 18 - February 4, 1986
MSUC (Cox/Scott) to ask staff, the Safety Commission, and the
Library Board of Trustees to investigate having Garrett Street as
a one-way traffic lane.
20. COUNCIL COMMENTS
a. Councilman Moore reported that the City's 75th Diamond
Anniversary Committee questioned whether the City had any
official colors. Councilman Scott indicated the colors were
blue and white.
b. Councilman Moore discussed a previous Council request for
investigation regarding property south of the KOA Campground.
MSUC (Moore/McCandliss) to refer to staff to get with the County
as to their intentions for the property south of the KOA
Campgrounds so that the City can get first rights for its purchase.
c. Councilman Moore questioned the parking situation in the
employee parking lot as well as the Library.
MS (Moore/Malcolm) have staff review the staff parking pertaining
to the Civic Center and the Library.
City Manager Goss noted in conjunction with additional
employees hired by the Montgomery annexation, staff has begun
a study on this issue.
Councilman Scott suggested this report be brought back at
budget time.
The motion to refer this item to staff passed unanimously.
d. Councilman Malcolm commented on the traffic situation at
Paseo del Rey and "H" Street.
Discussion followed concerning charging the McMillin Company
for traffic signals in this area since they are major
property owners.
Councilman Scott suggested a temporary three-way stop be
placed at this location until the street is built out.
MSUC (Scott/Malcolm) to have staff and the Safety Commission look
at the possibility of a three-way stop and/or traffic signals or
other alternatives.
e. In answer to Councilwoman McCandliss' question Councilman
Malcolm explained his lack of a conflict of interest and
possibility of being able to vote on the Bay Hospital bond
issue in the future.
Minutes 19 - February 4, 1986
f. Councilman Scott noted the letter received from the
Sweetwater Union High School District with copies of the
letter to the Cities of Imperial Beach and National City
requesting participation in the collection of developer fees.
g. Councilman Scott commented that the 4:00 p.m. time for
Council meetings is "extremely awkward" due to the need for a
dinner break and suggested moving these meetings back as
early as 1:00 p.m.
ADJOURNMENT AT 8:10 p.m. to the meeting of Tuesday, February 11,
1986, at 7 p.m. and to the joint meeting with the Board of Ethics
on Thursday, February 13, 1986 at 4:00 p.m.
Adele A. Sarmiento
j~nnie M. Fulasz,
~City Clerk Deputy City Clerk
0735C/ak