HomeMy WebLinkAboutcc min 1986/03/25 MINUTES OF A REGULAR CITY COUNCIL MEETING
OF THE CITY OF CHULA VISTA
Tuesday, March 25, 1986 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox, Councilmembers Moore, Scott,
McCandliss
MEMBERS ABSENT: Councilman Malcolm
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, Assistant City Attorney Gill
PLEDGE OF ALLEGIANCE TO THE FLAG~ SILENT PRAYER
The Pledge of Allegiance to the Flag was led by Mayor Cox followed
by a moment of silent prayer.
1. APPROVAL OF MINUTES for the meeting of March 18, 1986.
Mayor Cox noted a the City Clerk distributed a revision to
the minutes of March 18. The revision was the omission of
the figure of ~5,174 on page 6 relating to the utility tax
collected by the City prior to the Montgomery annexation.
MSUC (McCandliss/Moore) to approve the minutes as amended.
2. SPECIAL ORDERS OF THE DAY
The Oath of Office was administered by City Clerk Jennie
Fulasz to Helen Motto, Commission on Aging, and Anne Fabrick,
Human Relations Commission.
3. WRITTEN COMMUNICATIONS
a. CLAIMS AGAINST THE CITY -
Claim Nos. 1 through 4 Bobbie Marie Burchard, Gregory Alan
Burchard, Robert Gregory Stacey, Corrina May Stacey, 1234
Mission Avenue, Chula Vista, CA 92011
On February 11, 1986, each of the above four claimants
presented a Claim to the City in the amount of ~25,000,
alleging "invasion of privacy, false arrest and trespassing"
by members of the Chula Vista Police Department. These
claims stemmed from an incident on November 7, 1985 involving
a search of the premises at 1234 Mission Avenue, Chula Vista,
by virtue of a valid search warrant.
Minutes - 2 - Mar~l~ 25, 1986
Claim No. 5 - Florencio Cabrera, c/o Michael K. Newlee, 5135
North Harbor Drive, San Diego, CA 92106
A claim was filed on February 28, 1986, for ~100,000 alleging
personal injury, loss of wages and medical treatment.
According to the claim, a signal near the 500 Tidelands
Avenue area was "rendered inoperative by order of employees
of the City of Chula Vista" and thereby contributed to the
injuries suffered by Mr. Cabrera when he was struck by an
intoxicated motorist.
Claim No. 6 - Francisco Baus, c/o Laughlin & Peabody, 3333
Camino Del Rio South, Suite 170, San Diego, CA 92108
Mr. Baus filed a claim against the City on February 26, 1986
for indemnity regarding a lawsuit filed and served upon him
in connection with a three-car accident in Chula Vista.
Claim No. 7 - David Winn, c/o James E. Swingley, Esq., 303
"A" Street, Suite 401, San Diego, CA 92101
On March 3, 1986, an Application for Leave to Present Late
Claim (Government Code Section 911.4) with the City of Chula
Vista was filed. The Application attached a proposed claim
in an unspecified amount alleging personal injuries suffered
by claimant while riding a bike southbound on the Coronado
commuter bikeway.
Claim No. 8 - United States Fire Insurance Company, c/o
Marshall L. Foreman, 1010 Second Avenue, Suite '2301, San
Diego, CA 92101
On February 6, 1986, Application for Leave to Present Late
Claim on behalf of United States Fire Insurance Company was
filed. The Application (claiming ~125,000 plus interest and
filed with the City as successors-in-interest to the
Montgomery Fire District) alleges the City was responsible
for the damages sustained during a helicopter display at the
San Diego County Fire Service Expo in Mission Valley.
The City Manager recommended that all claims and applications
for Leave to Present Late Claims be rejected.
MSUC (McCandliss/Scott) claims 1 through 8 be rejected.
City Manager Goss informed Council that approximately 31
claims were filed against the City in 1985, compared to
approximately 60 to 80 claims filed this year.
Minutes 3 March 25, 1986
b. REQUEST TO INSTALL HARDWARE AND FLAGS FOR BUSINESS SALUTES
CHULA VISTA FAIR - Chamber of Commerce, 233 Fourth Avenue,
Chula Vista, CA 92010
The Chamber of Commerce proposed the installation of hardware
.for the placement of flags on eighty poles on Third Avenue
and Broadway to promote the Business Salutes Chula Vista Fair.
City Manager Goss recommended this request be approved noting
that staff is "sensitive to the incremental impact" that
small projects like this have on ongoing workload.
MSUC (Moore/McCandliss) for approval per the City Manager's
recommendation.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
4. PUBLIC HEARING CONSIDERING THE VACATION OF A PORTION OF
PUBLIC ALLEY AT THE SOUTH END OF LAS
FLORES DRIVE (Continued from March 11,
198~)(Director Of Public Works/City
Engineer)
RESOLUTION ORDERING THE VACATION OF A PORTION OF A
PUBLIC ALLEY SOUTH OF THE SOUTHERLY
TERMINUS OF LAS FLORES DRIVE
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Director of Public Works/City Engineer Lippitt explained L & V
Investments submitted a tentative parcel map to the City in
September 1985. They proposed to divide two existing parcels into
four parcels. These properties lie just north of "E" Street
between Minot Avenue and Las Flores Drive. Among the conditions
of approval of this map is the requirement that the owners submit
a petition to the City to vacate the public alley located along
the westerly portion of the parcels.
Councilman Moore expressed concern that the Sweetwater Authority
had not responded regarding objections to vacate the property.
Director Lippitt explained staff is recommending an easement be
reserved for any facilities the Authority may need to install in
the future. The City will reserve the entire area for its
existing sewer and storm drain facilities. However, nothing in
writing has been received from Sweetwater Authority objecting to
the vacation.
There being no public testimony either for Or against, the hearing
was closed.
Minutes - 4 - March 25, 1986
Discussion ensued regarding lack of response from Sweetwater
Authority regarding the vacation. Director Lippitt pointed out
that according to State law, utility companies have certain rights
in any vacation proceedings even if they don't reserve the right.
He suggested the public hearing be closed and staff be directed to
obtain a letter from Sweetwater Authority regarding any objections
they may have.
Assistant City Attorney Gill commented the resolution does not
expressly provide for an easement. If Council wished to take
action tonight, the resolution could be amended to provide that
the easement would be reserved for Sweetwater Authority, but the
public hearing does not need to be continued.
Councilman Moore remarked the resolution should be reviewed by
both entities (City Council and Sweetwater Authority).
Mayor Cox, noting the attendance of the property owners, suggested
the public hearing be reopened.
MSUC (Scott/Cox) to reopen the public hearing.
Mr. Richard Alvord, representing the property owners, discussed
Sweetwater Authority's concern with creating a waterline loop form
Las Flores into Minot Avenue. Therefore, an easement to provide
the loop will be installed in the future.
MSUC (Scott/McCandliss) to continue the public hearing for one
week (to April 1) and have information suggested by Councilman
Moore.
5. PUBLIC HEARING TO CONSIDER THE ADJUSTMENT OF THE
BOUNDARY OF OPEN SPACE LOT 115 OF OPEN
SPACE DISTRICT #3, RANCHO ROBINHOOD
SUBDIVISION (Director of Public
Works/City Engineer)
On March 4, 1986, the Council adopted Resolution No. 12400 setting
March 25, 1986, as the date and time for a public hearing to
consider adjusting the boundary of the open space lot in Rancho
Robinhood Subdivision. The adjustment is proposed to be adjacent
to the rear of 311, 315, and 319 Surrey Drive.
The owners of these properties have proposed to purchase the
City's interest in that portion of open space which contains level
areas adjacent to the rear of their properties. To accomplish
this, the City Code requires that the Council hold a public
hearing in order to consider the boundary adjustment. The
Department of Parks & Recreation has no objection to this boundary
change.
Minutes 5 - March 25, 1986
Director Lippitt submitted transparencies noting the following:
Dr. Taylor, owner of property at 315 Surrey Drive, applied for an
encroachment permit to construct a retaining wall and storage shed
within the City's open space lot no. 115 in February 1983; a
public hearing was called as a result of interest expressed by
adjacent property owners; current use of the property in question
(play area); noted the chain link fence constructed on the
property; liability risk to the City if an encroachment permit is
not granted; purpose of hearing is to modify the boundaries of the
district and determine if that area should be part of the boundary
or included with the back yards of the residents; procedure for
creating an open space district; grading was done in such a manner
that level pad areas extended into City's open space; City will
not gain by keeping this lot in the open space district; if the
City decides not to modify the open space district and authorize
an encroachment permit, recommend owner be allowed to install
swimming pool; Parks and Recreation Department does not have a
final recommendation at this time.
In response to Council's question regarding formality of the
Homeowners Association~ Parks & Recreation Director Mollinedo
indicated staff meets with the Homeowners Association on a yearly
basis regarding services and cost to maintain their district.
Mayor Cox indicated that if the property was sold, the open space
maintenance district would be the beneficiary of any purchase of
the property. Conversely, the open space maintenance district
would have lower fees as a result of this sale.
The following individuals spoke in opposition to the item: Jan
Perdue, 902 Buckaroo Lane, Bonita 92002; John Steepy, 309 Bronco
Place, Bonita; Joan Gutierrez, 949 Buckaroo Lane, Bonita; James H.
Johnson, 424 Stoneridge Court, Bonita; William Baily, 339 Surrey
Drive, Bonita; Brian Wilson, 937 Buckaroo Lane, Bonita; John
Aspholm, 351 Surrey Drive, Bonita.
Their concerns included the following:' Council would be setting a
precedent if they sold part of the open space; homeowners were not
aware of these proceedings for adjusting boundaries of open space
district #3; no official position taken by homeowners association
members; monthly homeowners association meetings for open space
district no. 3 currently being held; complimented Open Space
Coordinator for his responsiveness to homeowners' concerns; if
this boundary change is approved other property owners with
similar requests should be addressed; some properties in the open
space district not maintained by the City; 40 homes border on the
open space property and owners could request the same use; beauty
of the open space district should be maintained; swimming pool
referred to in the staff report was never built; selling of open
space area will encourage storage of RV's, storage sheds and trees
Minutes 6 March 25, 1986
blocking views to adjacent residences: acreage could be reduced
24% in this area which would affect zoning; property in open space
district was purchased with the understanding open space area
would be available for sale to abutting property owner; never made
aware of proceedings regarding sale of open spaces; subject
property owner's land value would increase 40%; oppose any
deviation from the existing open space district.
Dr. Stephen Taylor (property owner requesting boundary
adjustment), 315 Surrey Drive, Bonita; Jerry Tucker, 319 Surrey
Drive; Allen Keebler, 948 Buckaroo Lane, Bonita; and Brenda
Taylor, 315 Surrey Drive, Chula Vista, spoke in favor of the
proposed boundary adjustment for open space lot 115. Their
concerns included: existing chain link fence erected 8 years ago
due to lack of maintenance, landscaping and irrigation of the
parcel in question; City was contacted 6 years ago regarding
encroaching on the open space lots; staff suggested proposal to
purchase open space area; responded to Council concern regarding
erection of the fence - it can be removed as easily as it has been
installed; suggested Council take each request on a case-by-case
basis in order not to set a dangerous precedent; benefits to
abutting homeowners would far outweigh detriments to other
property owners; respect open space sanctity; property was never
returned to its natural state; original request was for storage
shed and a retaining wall setback from the slope; no neighbor has
ever complained that property owner is encroaching on the open
space; would not be fair to assign a fair market value to the
property.
There being no further public testimony either for or against, the
public hearing was closed.
Councilwoman McCandliss stated she would be uncomfortable in
making a decision to sell the property because of the precedent it
would set as well as the lack of input from the Homeowners
Association.
Discussion ensued regarding the original dedication of the open
space district; how the fair market value was determined; easement
was considered since fee title was not held by the City; true
determination on the property value should be made by an
appraiser; Council should encourage more active participation by
homeowners associations in these districts; suggested staff
develop guidelines or procedures that could be used in the
districts in the event this proposal is accepted by the
homeowners; existing fee titles held by City on new developments.
MSUC (McCandliss/Scott) that this action be deferred and refer to
staff the development of a policy dealing with the purchase of
open space areas by property owners and have that distributed to
participants in the open space districts for input and brought
back to Council prior to any action.
Minutes - 7 - March 25, 1986
MS (Cox/Scott) ask staff to come back with a report regarding open
space maintenance districts currently in the City of Chula Vista
indicating which ones are owned in fee title by the City and which
ones revert to the original developer of the property.
Discussion followed concerning the fee title. It was suggested
staff could discover if owners would relinquish their fee titles
to the City. Councilman Scott suggested the removal of any
clauses stating the fee title reverts to the original developer.
The motion to have staff report back on the fee titles passed
unanimously.
Councilwoman McCandliss requested that a resolution be brought
back in approximately 4 to 6 months on Council's action in order
to hold the necessary hearings and meet with the homeowners
associations.
6. ORAL COMMUNICATIONS
At this time, Mayor Cox announced the meeting to which the
public hearing on Las Flores Drive was continued (April 1)
would begin at 4:00 p.m.
a. Joe Raso, 167 Murray Street, Chula Vista, requested
permission to address the Council on his current residential
construction on Murray Street.
Assistant City Attorney Gill suggested since Mr. Raso has
applied for a variance as recommended by staff, he would have
a strong legal concern about Council's consideration of
evidence as this would be outside the due process. Mr. Raso
has the right to address the Council, however, he requested
Mr. Raso defer any comments until the variance comes to the
City Council. Council was also advised not to comment on
this item tonight.
Mr. Raso acknowledged the Attorney's remarks and distributed
photos of a home (in Coronado) which he would like to build
on Murray Street and referred to his letter to Council
noting: problems developed as a result of his residential
construction were not his fault; permit was issued by the
City; construction has been performed precisely according to
plan; entire life savings have gone into this project;
building permit was obtained in April 1985; City has issued a
Notice to Stop Construction, however, contractors cannot be
ordered to stop and he will continue to build; he has paid
over $3,000 in permit fees; staff has advised that 45.8% of
the lot occupied by this structure exceeds the normal
requirements; plans have been in plan.check seven times.
Minutes - 8 - March 25, 1986
Councilwoman McCandliss suggested Mr. Raso's letter
distributed to Council this evening be referred to staff in
order for them to comment on the different charges in the
next couple of weeks including whether staff should have
calculated the lot coverage and the height of the structure.
'Assistant City Attorney Gill stated he had no problem with
the reference to staff; however, he advised against further
Council comments on this issue. He suggested it may be
inappropriate as well to include this information in
Council's packet until the variance is submitted for a
hearing to the City Council.
Planning Director Krempl explained Mr. Raso applied for a
variance after he was apprised his structure did not comply
with City Codes. The City has two options available
regarding the variance process: (1) the Zoning Administrator
could convene a public hearing and that action can be
appealed to the Planning Commission whose decision could be
appealed by the City Council and, (2) the Zoning
Administrator could refer the matter directly to the Planning
Commission without Zoning Administrator consideration. The
Planning Commission would convene a public hearing of that
action which could be appealed to Council. The earliest date
this would come to the Planning Commission could be April 23.
Mr. Calvin Bright, 1203 Fifth Avenue, Chula Vista, proposed his
support for the construction due to his association with Mr. Raso
for many years. He stated the drawings have been submitted in
compliance with City procedures and Mr. Raso wishes to comply with
City rules and regulations.
MS (McCandliss/Cox) to refer the letter from Mr. Raso to staff
with a response to Council.
Councilman Scott suggested that included in the motion should be
any information pertaining to this subject be brought to Council
at any subsequent public hearing.
The motion, as amended, passed unanimously.
The meeting recessed at 8:50 p.m. and reconvened at 8:57 p.m.
b. Mr. H. Duncan, 1100 Industrial Blvd, Space 1-17, Chula Vista,
representing the Brentwood Mobilehome Park Rent Negotiation
Commission, appeared before the Council to discuss a letter
from Dave Gustafson, Assistant Community Development
Director, delivered to Mr. Bob Flaugher on Tuesday, September
17, 1985. Specifically, he expressed concern that other
members of the Commission did not receive a copy of the
letter and thus, were unable to respond to the
Minutes - 9 - March 25, 1986
"misrepresentations". Generally, concerns were: Commission
was disbanded; rent mediation ordinance process was dropped
and decision to litigate the issue independently was made;
Commission had reached an impasse and had requested the next
step as outlined in Ordinance 1997, SS 9.50.110; management
proposal was presented to resident homeowners and strongly
rejected; Commission has neither the power or authority to
disband itself; Commission still awaiting a meeting with the
park owner; Commission has been unable to meet since the
Labor Day holiday in 1985; downward rent adjustment amounts
to 27~ per month; bias of staff against Brentwood Park
homeowners during Negotiation Commission meetings; to disband
the Negotiation Commission was felt to De a dereliction of
duties by the members.
Discussion followed concerning the purpose of Ordinance 1997
(AMENDING TITLE 9 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING
THERETO A NEW CHAPTER 9.50 ENTITLED "MOBILEHOME PARK SPACE
RENT MEDIATION" TO CREATE A MECHANISM FOR MEDIATING
MOBILEHOME PARK SPACE RENTS). Assistant City Attorney Gill
stated the present ordinance -provides an enforcement
mechanism solely for the purpose of parties getting together
for mediation. Upon impasse, the parties, if they so elect
and to cover their own expenses, can go to an arbitrator to
arbitrate differences. The ordinance does not require
parties to go to the next step.
Community Development Director Desrochers explained Mr.
Gustafson was unable to attend this evening's meeting to
respond to the allegations made by Mr. Duncan. He noted the
rent increase at Brentwood Mobilehome Park exceeds the cost
of living index currently being used.
MS (Cox/Scott) refer letter signed by Messrs. Duncan, Flaugher,
Roland, and Mrs. Click to staff for comment and come back at the
meeting of April 8 and in the meantime ask staff to get the
Committee back together to obtain a resolution or consensus that
they are at impasse.
The motion to refer the letter to staff passed unanimously.
Bob Flaugher, 1100 Industrial Blvd., Chula Vista 92011,
distributed correspondence to Council advising that the
proposed Mobilehome Rent Control Initiative was published by
the Chula Vista Star-News on March 23, 1986; the publication
affadavit was filed with the City Clerk as required by the
Election Code on March 25, 1986; after the required 21-day
waiting period petitions would be distributed to collect
signatures of registered voters in Chula Vista to place this
initiative on the ballot; Commission feels they
Minutes - 10 March 25, 1986
have no other recourse; the CPI is inflated; willing to go
back to discuss Ordinance 1997 if the park owner is willing
to and a different moderator is appointed; requested Council
cooperation in making the transition towards rent control
easier.
Mr. Heinz Seiler, 1425 Second Avenue #309, Chula Vista
92011, opposed rent stabilization; noted lack of cooperation
from landlords; 105% increase in 6 years is a fair profit for
owners; spiraling rent increases cannot continue; Ordinance
was requested to give tenters protection; Ordinance 1997 is
ineffective.
c. Mr. Jack Unger, 714 Elm Avenue, Chula Vista, stated his
neighbor is in the process of converting his 2-car garage for
a third family. He questioned the possibility of allowing
2-3 families on one lot.
MS (Scott/McCandliss) to refer this to staff.
In answer to Council's questions, Director Krempl stated a
staff report was submitted to Council previously regarding
guest houses in the zoning Text Amendment. Guest houses
would only be allowed in the R-E (Residential Estate)
districts. This item is scheduled before the City Council on
April 22.
The motion to refer the item to staff passed unanimously.
d. Mr. Cliff Roland, 1100 Industrial Blvd., Chula Vista, noted
the letter submitted this evening from Mr. Flaugher was not
authorized by the Mobilehome Committee for distribution to
Council.
CONSENT CALENDAR (7 - 16)
Items 7, 11, and 16 pulled.
MSUC (Scott/Moore) to approve the Consent Calendar.
7. RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR
CLOSED CIRCUIT TELEVISION INSPECTION OF
DESIGNATED SEWER MAINS IN THE CITY OF
CHULA VISTA, CALIFORNIA, PHASE II
(Director of Public Works/City Engineer)
Pulled from Consent Calendar.
Minutes - 11 - March 25, 1986
8. RESOLUTION 12412 APPROVING AMENDMENTS TO AGREEMENT NUMBERS
11-0094A/2 AND 11-0116A/1 BETWEEN THE
CITY OF CHULA VISTA AND THE STATE OF
CALIFORNIA FOR ACQUISITION OF
RIGHT-OF-WAY AND UTILITY RELOCATION FOR
I-5/54 INTERCHANGE AND TIDELANDS AVENUE
INTERCONNECT AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (Director of
Public Works/City Engineer)
In the early 1970's Chula Vista deposited $100,000 with CalTrans
for the purpose of acquiring rights-of-way and engineering costs
for the Tidelands Avenue ramps from State Route 54.
The current project is under construction and the Tidelands Avenue
ramps are not a part of the project. The proposed amendments to
the agreements with the State terminates the agreement and
provides for the refunding of the City's $100,000 deposit.
9. RESOLUTION 12413 TRANSFERRING LAUDERBACH PARK AND WOODLAWN
PARK CENTER FROM THE COUNTY OF SAN DIEGO
TO THE CITY OF CHULA VISTA PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION
57470(h) (Director of Parks & Recreation)
This is a request to accept the deed that transfers the two park
properties, Lauderbach Park and a .7 acre undeveloped parcel
across from the Woodlawn Park Center, from the County to the City
in conjunction with the Montgomery Annexation.
10. RESOLUTION 12414 AUTHORIZING WAIVER OF BICYCLE LICENSING
FEES FOR PARTICIPANTS IN THE ALL-CITY
BICYCLE RODEOS (Director of Public
Works/City Engineer/Safety Commission
Chairman)
Ordinance No. 2109 has previously authorized the waiving of
bicycle license fees for events such as the annual "Bicycle
Rodeos" sponsored by the Chula Vista Police Department. This
year's Bicycle Rodeos are scheduled for Saturday, May 31, at Rice
Elementary School, on Saturday, June 7, at Hilltop Drive
Elementary School, and on Saturday, June 14, at Loma Verde
Elementary School.
11. REPORT REQUEST BY THE CHAMBER OF COMMERCE FOR
CITY ASSISTANCE IN THE BUSINESS SALUTES
FAIR TO CHULA VISTA (Director of Parks &
Recreation)
Pulled from Consent Calendar.
Minutes - 12 - March 25, 1986
12. REPORT REQUEST TO ESTABLISH A MEMORIAL TREE IN
MEMORY OF MRS. ELIZABETH ULLRICH AT THE
PARKWAY GYMNASIUM GROUNDS (Director of
Parks & Recreation)
The department has received a request from members of the City's
Womens Physical Fitness class to dedicate a tree on the Parkway
Gym grounds in memory of their teacher, Mrs. Elizabeth Ullrich.
The Parks and Recreation Commission, at their March 20, 1986
meeting endorsed the request and recommended approval.
13. REPORT CHULA VISTA ART GUILD REQUEST TO CONDUCT
ART MARTS ON LIBRARY GROUNDS (Director of
Parks & Recreation)
The Chula Vista Art Guild, a local non-profit organization, wishes
to conduct seven two-day Art Marts, from April through November,
using the grassy area of the Memorial Park grounds across from
Fuddruckers. The Marts would run from 9:00 a.m. to 4:00 p.m. The
Art Guild also requested permission to reserve five (5) parking
spaces adjacent to the park for the artists to unload their
equipment.
It was recommended that Council approve the request to conduct Art
Marts on City property and waive business license fees.
14. REPORT ST. JUDE'S RESEARCH HOSPITAL REQUEST TO
CONDUCT A BIKE-A-THON IN THE AREA OF THE
CHULA VISTA MARINA (Director of Parks &
Recreation)
St. Jude's Research Hospital, under the Chairmanship of Officer
Pat Cameron, National City Police Department, is requesting
permission to conduct a Bike-A-Thon on May 10, 1986, in the area
of the Chula Vista Marina as a fund raiser for the Research Center
at St. Jude's Hospital for Children.
The recommendation was that Council approve the request subject to
staff conditions.
15. REPORT BONITA ROADRUNNERS REQUEST TO CONDUCT A
10K ROAD RACE (Director of Parks &
Recreation)
The Bonita Roadrunners, Inc. requested permission to stage a 5K
and a 10K road race around Rohr Park on Saturday, May 24, 1986. A
waiver of fees is also requested.
It was recommended that Council approve the race, subject to staff
conditions and deny the request to waive fees.
Minutes - 13 - March 25, 1986
16. REPORT REGARDING GARAGE CONVERSIONS (Director of
Planning)
pulled from Consent Calendar.
END QF CONSENT CALENDAR
7. RESOLUTION 12415 ACCEPTING BIDS AND AWARDING CONTRACT FOR
CLOSED CIRCUIT TELEVISION INSPECTION OF
DESIGNATED SEWER MAINS IN THE CITY OF
CHULA VISTA, CALIFORNIA, PHASE II
(Director of Public Works/City Engineer)
The project includes the cleaning and closed circuit television
inspection of selected sewer mains within the City of Chula
Vista. Additionaliy, a written report is required which evaluates
the condition of the sewer mains inspected, identifies problem
areas, and proposes alternatives to solving deficiencies
discovered during the investigation. The contract to be awarded
will complete the intended scope of the project budgeted in the FY
85-86 Capital Improvement Pbogram (CIP). The first phase of the
project was awarded by Council on January 14, 1986, by Resolution
No. 12330 and is now in progress.
Funds are available to cover this contract in Account No.
600-6000-SIll. The funds would be required as follows:
a Phase II Contract Amount ~ 33,600.00
b Engineering and Inspection Costs 902.48
TOTAL $ 34,502.48
c Funds Available $ 34,502.48
It was recommended that Council award the contract to National
Plant Services, Inc., 1461 Harbor Avenue, Long Beach, California,
in the amount of $33,600.00.
In answer to Councilwoman McCandliss' question regarding a
preventive maintenance program, Director of Public Works/City
Engineer Lippitt explained any time frequent blockages are
experienced, they are put on a monthly cleaning program. In the
future staff will probably issue contracts for older portions of
the City where these are more likely to occur.
RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
Minutes - 14 March 25, 1986
11. REPORT REQUEST BY THE CHAMBER OF COMMERCE FOR
CITY ASSISTANCE IN THE BUSINESS SALUTES
FAIR TO CHULA VISTA (Director of Parks &
Recreation)
Director of Parks & Recreation Mollinedo reported that at the
meeting of January 28, 1986, the City Council considered a request
from Mrs. Jeri Vanderpool, Chairperson for the 1986 Business
Salutes Fair, regarding the following: painting exhibit
backboards, increasing electrical capability in the plaza area,
and improving the public address system for the plaza area.
The recommendation was:
1. That the City share in 50% of the cost for equipment and
material associated with the increased amperage and
purchase of the speaker system. The City contribution
of $1,350 would be evenly divided with the Chamberof
Commerce who will provide their share from revenues
derived from the Business Salute Fair.
2. Authorize $2,940 from the u~appropriated general fund
reserves to purchase necessary materials and equipment
with the understanding that some of these costs will be
reimbursed by the Chamber of Commerce.
In response to Councilwoman McCandliss' concern, Director
Mollinedo stated staff will try to place the speakers in an
attractive location. The major concern of staff is to give the
best sound the speakers can provide. He noted the wires will be
permanent but the speakers can be removed.
MSUC (Cox/McCandliss) to accept the report.
16. REPORT REGARDING GARAGE CONVERSIONS (Director of
Planning)
In April, 1985, the City Council directed staff to return with a
report and recommendation regarding whether garage conversions
should be prohibited in the City. The staff report addressed
present parking and conversion requirements, history of parking
and conversion requirements, and parking and conversion
requirements of other jurisdictions.
The recommendation was that Council direct staff to prepare an
amendment to the garage conversion provisions of the Municipal
Code with a referral to the Planning Commission for a report and
recommendation.
Minutes 15 - March 25, 1986
Councilwoman McCandliss noted she was originally opposed to this
ordinance a few years ago. She recognized the fact that parking
problems in older areas of the City exist and that more homes are
likely to convert their garages for living space; problem of cars
parked on front lawns. She stated she could support an ordinance
if it were amended to require better accommodations of the
parking requirements.
MSUC (McCandliss/Cox) consideration be given to expanding the
parking requirements for garage conversions and that also be
referred to the Planning Commission for review, along with the
report.
REPORTS AND RECOMMENDATIONS OF BOARDS AND COMMISSIONS
17. REPORT REGARDING REQUEST FROM TIFFANY SCHOOL
REPRESENTATIVES FOR TRAFFIC STOPS AND
SIGNALS IN THE SOUTHWESTERN COLLEGE AREA
(Director Of Public Works/City
Engineer/Safety Commission Chairman)
On December 17, 1985, the City Council, referred this written
communication request to staff and the Safety Commission for
report and recommendations. Specifically, Tiffany School
representatives are concerned with the following areas: (1)
Charter Point, (2) College Estates, and (3) the area west of
Southwestern College
The Safety Commission, at their meeting of February 13, 1986,
recommended that Council suggest the Chula Vista Elementary School
District bus all grammar school children residing on the west side
of Otay Lakes Road to Tiffany Elementary School.
On March 13, 1986, the Safety Commission recommended against the
installation of any additional traffic control devices (i.e.,
lights, four-way stops) at the Auburn/East "H" Street intersection.
Staff will continue to monitor this area (East "H" Street, Rutgers
Avenue, Auburn Avenue, etc.) for possible installations in the
future.
Councilwoman McCandliss expressed concern with staff's
recommendation regarding monitoring of the area. Specifically,
she requested the type of monitoring done by staff and when this
will occur.
In response, Traffic Engineer Glass stated traffic counts have
been taken in this area during the end of the school day. Staff
has observed students crossing from all locations besides the
crosswalks.
Minutes - 16 - March 25, 1986
MS (McCandliss/Cox) accept staff recommendation with addition that
a letter or report come back to the Council basically to show how
the City will monitor the situation (what frequency and how is
staff approaching the situation out there).
Discussion ensued regarding the intent of the motion. Mayor Cox
pointed out as the East "H" Street opens and more development
occurs, this should also be monitored.
Councilwoman McCandliss clarified staff should inform Council when
these counts are being taken as the Council has a responsibility
to provide answers to the public.
The motion to accept the staff recommendation with a report back
failed by the following vote:
AYES: McCandliss, Cox,
NOES: Moore, Scott
ABSTENTIONS: None
ABSENT: Malcolm.
MS (McCandliss/Cox) to continue this item for one week. (The
motion failed with Councilmen Scott and Moore opposed.)
MSC (Scott/Moore) to accept the report. (Councilwoman McCandliss
opposed.)
18. REPORT OF THE CITY MANAGER None.
19. MAYOR'S REPORT
a. Mayor Cox announced the City of Chula Vista has the
opportunity to become the home port for the tall ship
"Californian."
MSUC (Cox/Scott) ask staff to look into the pros and cons for
becoming home port for the tall ship "Californian," work in
conjunction with the Port District and the Marina, and come back
with a report.
b. Mayor Cox requested at the conclusion of the Council meeting
and the Redevelopment Agency meeting that a Closed Session be
convened.
MSUC (Cox/Moore) to go into Closed Session for purposes of Section
404 Permit discussions and pending litigation, Sierra Club vs.
Coastal Commission (at the close of the business meeting).
Minutes - 17 / March 25, 1986
20. COUNCIL COMMENTS
a. Councilman Moore expressed concern with the absence of a
"Yield" sign in the west-bound turn lane at Otay Lakes Road
and Telegraph Canyon Road.
MSUC (Scott/Moore) to refer this to staff.
b. The sub-committee of Councilmen Scott and Moore met to
consider the Chamber of Commerce's request for the City's
participation in taking out an ad in the Lawton Printing
Company publication. It was noted the Cities of Coronado,
National City and Imperial Beach have all purchased 1/2-page
color ads at $1,000 each. San Ysidro is considering this
also.
MSUC (Moore/Scott) for Chula Vista to take out a 1/2-page color ad
in Lawton Printing Company's publication for $1,000.
c. Designer Showcase has contacted the City regarding a request
to put up a tent for two days on private property in the 600
block of Second Avenue beginning April 24. Councilman Moore
suggested an emergency ordinance be prepared to respond to
this request.
Assistant City Attorney Gill stated a Conditional Use Permit
for this type of facility would be warranted and recommended
Planning staff prepare a report which would specifically
recognize this type of use.
MSUC (Scott/Moore) to bring back an emergency ordinance to permit
the installation of the tent.
d. Councilman Moore suggested Council consider authorization to
print 20,00~ copies of the 75th Diamond Anniversay Medallion
in con~nction with a coloring contest for elementary school
students. The Committee will provide paper and the school
will distribute awards and have the formal presentation.
It was moved by Councilman Scott to accept the challenge and
present the City Council and City Manager with a medallion and a
historical book.
The motion died for lack of a second.
MSUC (Cox/Moore) to authorize printing (20,000 copies of the
medallion) for the 75th Diamond Anniversary coloring contest.
e. MSUC (Scott/McCandliss) that Councilmembers and the City
Manager be provided with a medallion and the historical
book. (Councilman Moore abstained.)
Minutes - 18 March 25, 1986
f. Councilwoman McCandliss questioned the information item
pertaining to the remodeling of the City Hall North Wing;
particularly the clerical work station.
In response, Assistant City Manager Asmus stated a diagram of
this area will be provided to Council.
g. Councilwoman McCandliss requested a status on the Bay
Hospital situation.
Community Development Director Desrochers indicated a report
will be docketed for the Council meeting on April 15.
Discussion followed concerning the agenda items currently
docketed for the April 15 meeting (i.e., community appearance
program RV's), with the Mayor noting he will be out of town
on April 8 and possibly the week of the 15th.
MSC (Cox/McCandliss) to re-notice the public hearing on the RV's
for April 22 and the Bay Hospital item to be considered on April
15.
h. Councilman Scott received a status report from Director
Lippitt regarding the asphalt at Hilltop Elementary School.
Director Lippitt explained the elementary school was informed
they needed an encroachment permit.
i. Councilman Scott commented on Mr. Raso's remarks under oral
communications that although his Murray Street building was
"red-tagged" he would continue construction on his project.
City Manager Goss explained the City's options in this event:
seek criminal action or an injunction. Staff is evaluating
amount of construction currently ongoing.
j. Councilman Scott discussed the recent increase of the San
Diego Convention Center constrQction cost (up to ~131
million). He expressed concern that other port district
projects are being jepoardized due to this increase.
MS (Scott/McCandliss) have the City's Port Commissioner come in as
soon as possible and explain exactly what the increase means, what
his position is and then at a subsequent meeting Council will form
a policy on how they feel about this.
Mayor Cox reported acting Mayor Struiksma of San Diego has
formed a sub-committee to look into the increased cost of the
project. However, representation on this committee is made
up entirely of residents of San Diego. He indicated he would
contact the acting Mayor to request representation from four
of the South Bay cities on this committee.
Minutes - 19 - March 25, 1986
k. In response to Councilman Scott's question, City Manager Goss
indicated approximately 400 referrals have been made to staff
in the past year as compared to 200 the year before.
1. Mayor Cox commented on the lack of handicapped spaces on
Third Avenue and the rationale of this oversight.
MSUC (Cox/McCandliss) refer this to staff to come back with a
report.
(The Council recessed to the Redevelopment Agency meeting at this
time, 10:44 to 10:45 p.m..)
The Council convened to Closed Session at 10:45 p.m.; the City
Clerk was excused and the City Manager reported the session ended
at 11:40 p.m.
ADJOURNMENT AT 11:40 p.m. to the Council Conference on Thursday,
March 27, 1986 at 4 p.m. and the meeting on Tuesday, April 1, 1986
at 4 p.m.
0763C/as
STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER
COUNTY OF SAN DIEGO ) ss OF ADJOURNMENT OF MEETING
CITY OF CHULA VISTA )
I, Adele A. Sarmiento, being first duly sworn depose and say:
That I am the duly chosen, qualified and acting Deputy City Clerk
of the City Council of the City of Chula Vista.
That the reqular meeting of the City Council of the
City of Chula Vista was held Tuesday, March 25, 1986,
and said meeting was adjourned to the time and place specified in
the Order of Adjournment ATTACHED HERETO:
That on Wednesday, March 26, 1986,at the hour of 4 p.m.
I posted a copy of said order at a conspicuous place on or near the
door of the place at which said meeting of March 25, 1986,
was held.
Deputy City Clerk
Subscribed and sworn to before me this
,,"' ~ ~'~'-
19~
Notary Public in and for Sai.d~County
and State of California
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA
Held March 25, 1986
The City Council met in the Council Chamber of the Public Services
Building, 276 Fourth Avenue on the above date at 7 p.m. with
the following:
Councilmen Present: Scott, McCandliss, Cox, Moore
Councilmen Absent: Malcolm
ADJOURNMENT
The Mayor adjourned the meeting until Thursday, March 27, 1986,
at 4 p.m. in the Council ~onference Room, City Hall/
~~~~ 276 Fourth Avenue, Chula Vista, California.
I, Adele A. Sarmiento, Deputy City Clerk of the City of Chula Vista,
DO HEREBY CERTIFY that this is a full, true and correct copy of an
order by the City Council at the meeting of March 25, 1986
Deputy City Clerk
City of Chula Vista, California