HomeMy WebLinkAboutcc min 1986/05/20 MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, May 20, 1986 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers Malcolm, Moore,
Campbell, McCandliss
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, City Attorney Harron
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 May 6, 1986.
MSUC (McCandliss/Campbell) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY
a. PRESENTATION BY DEL MAR FAIR BOARD REPRESENTATIVE - Marianne
McIntosh
Mayor Cox announced that the "Fairest of the Fair" was unable
to attend the meeting and this introduction will be
rescheduled.
b. PROCLAMATION DECLARING THE MONTH OF MAY 1986 "AMERICANS FOR
ENDING HUNGER" MONTH
The proclamation was presented by Mayor Cox to John Potter of
SHARE.
c. PRESENTATION BY HILLTOP SENIOR ORFF ENSEMBLE Mimi January,
Hilltop Elementary School
Mr. Dick Slaker, representing Hilltop Elementary School,
introduced Angie Williams, who gave background information
relating to the ensemble, as well as Mimi January, speech
therapist conducting the ensemble.
Minutes - 2 - May 20, 1986
3. WRITTEN COMMUNICATIONS
a. REQUEST TO RECONSIDER RECOMMENDATION ON PROPOSED
TRANSPORTATION SALES TAX BALLOT MEASURE - W. R. Dotson,
District Director, Department of Transportation, District 11,
P.O. Box 85406, San Diego 92138-5406
At their meeting of May 13, the City Council took action to
support this ballot measure with amendments pertaining to
distribution of revenues received from local sales tax and
requirements to the Maintenance of Effort Agreement.
MSUC (Moore/McCandliss) that the letter be acknowledged and
received.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
4. PUBLIC HEARING APPEAL OF ZONING ADMINISTRATIVE DECISION
PCM-86-22; DENYING A PRELIMINARY SITE
PLAN FOR A DEL TACO RESTAURANT AT 4014
BONITA ROAD IN A C-C-D COMMERCIAL ZONE -
DWAIN KANTOR (Director of Planning)
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
In January of last year the Planning Commission by a 5-2 vote
amended the planned sign program for the Bonita Village Shopping
Center to provide for an additional free-standing monument signs
along the Bonita Road frontage. (2 free-standing 'signs were
existing.) The decision was based in part on the relatively poor
visibility of the businesses set back from Bonita Road.
A proposal to place a fast food drive-thru facility within the
front portion of the parking lot for Bonita Shopping Center,
abutting Bonita Road has been submitted. The Zoning Administrator
was not able to make the required findings to grant the request
and the preliminary site plan was denied.
An Initial Study, IS-86-41, of possible adverse environmental
impacts of the project was conducted by the Environmental Review
Coordinator on April 11, 1986. The Environmental Review
Coordinator concluded there would De no significant environmental
effects and recommended that the Negative Declaration be adopted.
The Planning Commission, at their meeting of April 23, 1986, voted
unanimously to uphold the decision of the Zoning Administrator and
deny the preliminary site plan.
Minutes 3 May 20, 1986
The recommendation was that Council:
1. Find this project will have no significant environmental
impacts and adopt the Negative Declaration issued on IS-86-41,
and
2. 'Based on findings contained in this report, deny the applicant
request, PCM-86-22, and uphold the decision of the Zoning
Administrator.
Director of Planning Krempl submitted transparencies, indicating:
site location; seating capacity of the proposed restaurant; onsite
parking provisions; driveway access provision; zoning
administrator originally denied the plan; current plan is a
revision of the original site plan submitted; staff still has
concerns and recommends denial; pedestrian access provision;
parking displacement; signage; traffic congestion 2600 cars per
day presently traveling Bonita Road; level of service in this
locale is "C"; level of service is not expected to change in the
area; patrons would have to traverse across the drive-thru lane;
there are presently .two free-standing shopping center
identification signs; an application for additional signage for a
Quik-Corner deli located on the westerly side of the driveway was
submitted to the City in January; staff is concerned that through
the addition of another building, this would further contribute to
blocking the view and jeopardize businesses in the interior of the
center; approximately 43% total parking in the center would be
located behind the main building and the balance would be in the
front; high ratio of parking - usually 80% of parking is located
in the front; 42 parking spaces will be lost with the building's
occupation, but 20 spaces will be utilized by the proposed
restaurant; noted a net loss of usable parking spaces for the
remaining tenants in the entire center.
Councilman Malcolm questioned the traffic figures provided by
staff and also cited other fast food restaurants in Chula Vista
where patrons traverse across drive-thru traffic.
Fred Schnaubelt, 2727 Camino del Rio South, #331, San Diego,
92108, representing Bonita Ventures (owners of the center),
appeared before the Council to discuss the following: all
pedestrian restaurants have pedestrian traffic traversing the
drive-thru lanes; several sign proposals have been submitted to
City staff; set-back from the street is consistent with the Great
American and San Diego Trust and Savings buildings; Del Taco has
terminated escrow proceedings due to time constraints; rear
parking is utilized mainly by the Bonita Store Restaurant; the
proposed restaurant would bring more business into the center;
improvements have been made to the center
Minutes - 4 - May 20, 1986
In answer to Councilman Campbell's question regarding withdrawal
from the project by Del Taco, Mr. Schnaubelt stated two other
offers have been received for development of the property by
Mexican restaurants. The developers have tried to mitigate all
the problems and have met all design requirements for the area.
Council's approval of the proposed configuration is requested in
order to pursue another tenant. He noted parking is currently
underutilized in the center, stating the owner's intent is not to
do anything harmful to the center or the neighbors.
Mr. Bill Hedenkamp, architect of the project, stated the existing
driveway area is the reason the drive-thru was proposed in its
current location; proposal is well below the lot coverage
requirements; plans meet all City requirements.
Mr. Paul Catanzaro, 4148 Bonita Road, Bonita 92002, lessee in the
center, testified none of the lessees using the back of the store
has customer access, especially on the east end (near the House Of
Nine Dragons Restaurant); center has been a failure as a retailing
plaza; most businesses are service oriented; peak hours for the
bank, the restaurant, and quick print business are the same as the
proposed use; no parking available on Friday evening in the area
due to too much business; lack of parking is available until you
get to the proposed restaurant area; questioned claim that the
center needs more traffic; traffic design of the center is poor.
Carol Freno, 3703 Alto Loma, Bonita 92002, representing the
Sweetwater Valley Civic Association, questioned who would benefit
from this proposal; businesses would lose visibility and parking;
landscaping was not addressed this evening; sole beneficiary of
this appeal is Dwain Kantor; conclusion of the Negative
Declaration is incorrect; the site plan displayed omits the Great
American Community Room.
Mr. Schnaubelt responded to concerns voiced: Great American is
not part of the shopping center; landscaping and berms issue was
incorrect and, therefore, not addressed this evening; additional
parking is being sought; management company could continually
advise its tenants regarding any violations of the center's
regulations (regarding a restaurant blocking access in the rear
alley).
There being no further testimony either for or against, the public
hearing was closed.
Minutes - 5 - May 20, 1986
Councilwoman McCandliss expressed concern involving the center and
orientation of the proposed building; the addition of a building
that close to the road will not introduce patronage to the deeper
parts of the center; building to the rear will be completely
obsCured; no consideration to internal circulation; in the future
it will be a detriment to the center; creation of a two-strip
shopping center is not good planning.
MS (Campbell/McCandliss) to deny the applicant's request and
uphold the decision of the Zoning Administrator.
Councilman Malcolm stated neither the monument signs facing the
street, pedestrian traffic traversing drive-thru lanes,
landscaping, nor estimated average daily trips should be major
concerns of this project. However, he expressed concern regarding
the rear parking; encouraging employees to park behind the
businesses; applicant's did not stress how they will entice people
to use rear parking; would like to see what other business is
proposed for the site since Del Taco withdrew; would not vote
against a good user for the center; cannot foresee another user
for this area if Council continues to deny everything submitted.
The motion to deny the appeal passed unanimously.
At this time Mayor Cox acknowledged the presence of Elaine
Folger's Adult School Government class.
5. PUBLIC HEARING APPEAL OF CONDITIONS OF APPROVAL OF MAJOR
USE PERMIT PCC-86-24M GRANTED BY THE
PLANNING COMMISSION; REQUEST TO CONTINUE
AUTOMOBILE DISMANTLING AND SCRAP
OPERATIONS AT 128 MACE STREET AND 140
CENTER STREET IN THE MONTGOMERY COMMUNITY
OF CHULA VISTA - MARY REED (Director of
Planning)
RESOLUTION AFFIRMING THE 'DECISION OF THE PLANNING
COMMISSION ON PCC-86-24M
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
The applicant requested continuation of two auto dismantling sites
previously approved by the County of San Diego under Major Use
Permit P 75-88, which expired January 9, 1986. The sites are
located at 128 Mace Street and 140 Center Street within the
Montgomery annexation area, in an M-58 heavy industrial zone.
The applicant is appealing Condition F of the conditions of
approval granted by the Planning Commission, requiring
installation of temporary paving around the project site pending
implementation of permanent improvements.
Minutes - 6 - May 20, 1986
An Initial Study, IS-86-31M, of possible adverse environmental
impacts of the project was conducted by the Environmental Review
Coordinator on March 20, 1986. The Coordinator concluded that
there would be no significant environmental effects and
recommended that the Negative Declaration be adopted.
On April 2, 1986, the Montgomery Planning Committee recommended
approval of the proposed major use permit, subject to revisions to
the conditions for approval proposed by staff:
1. The requested scrap operations uses shall be approved for 24
months or 60 days following adoption of the Montgomery
Specific Plan by the Chula Vista City Council.
2. The perimeter fence, at 8 foot height, shall be repaired and
maintained in good condition within 30 days of approval of the
major use permit.
3. No scrap operations or auto dismantling shall be conducted
outside the perimeter fence of either site. All storage,
scrap, or other articles shall be kept behind and below the
fence line so that it may not be seen from outside the
property. Trucks shall be tied down and cleaned of debris on
site within the perimeter fence, and may not conduct such
activities within the right-of-way.
Planning Director Krempl submitted transparencies noting: no
major use of contemplated for the Center Street site - only for
the property on Mace Street bordered by Britton Avenue; complaints
received as a result of the unsightly condition of the Mace Street
operation; Major Use Permit approved by the County expired January
9, 1986; a Major Use Permit has been refiled with the City of
Chula Vista; staff is reluctant to sanction a long term use of the
operation pending a decision on the specific plan by the
Montgomery Planning Committee; the use does not conform to City's
General Plan; use would constitute general industrial use; staff
approved the permit subject to restrictive uses; approval is on a
one year interim basis only; applicant is satisfied with both the
Montgomery Planning Committee and Planning Commission decision.
In answer to Councilwoman McCandliss' question, Senior Civil
Engineer Goldkamp stated if drainage is controlled the property
would contain an all-weather surface that would extend through the
temporary 24-month period. If the permit were extended beyond
that time, the pavement would probably require a high degree of
maintenance.
Director Krempl explained if the City Council approves this
appeal, the approval would be in concept as findings have not yet
been determined. Those findings would be brought back along with
the additional Environmental Review and the Negative Declaration
is predicated on either full or interim improvements to Britton
Avenue.
Minutes - 7 - May 20, 1986
In response to Councilman Malcolm's concern regarding dust control
measures, Director Krempl explained if the permit was for a longer
term, street improvements would also be required. The question is
now a matter of equity which the City Council should decide.
Dick Reynolds, Phillips/Reynolds Engineering, Inc. 71 North Fourth
Avenue, Chula Vista 92010, remarked that the biggest problem with
the street improvements was due to the term of the permit; dirt
road has been used for over 10 years without problems; tenant at
128 Mace Street has complied with suggested fence repairs; a
deferral has been applied for as suggested by Engineering and
tentative approval has been made.
Patrick Gay, 3343 South Barcelona Street, Spring Valley 92077,
and Robert Kroeger, 4215 Helix Del Sur, La Mesa 92041,
representing Mace Industrial Center, opposed the appeal and
displayed recent photos of the area depicting the gradual buildup
of debris; noted significant problems in maintaining the rear of
the Britton property; street is currently used by heavy trucks
unloading or picking up scrap metal and cars; vehicles unaccepted
by the car crusher are left nearby in the street; permit should
not be issued due to lack of community pride by the operators; if
the City Council approves the permit, street improvements should
be required to be made; suggested fencing be maintained in both
areas; environmental review did not address gas tank dumping.
There being no further testimony either for or against, the public
hearing was closed.
Council discussion followed regarding requiring. street
improvements be put in immediately, applicant should be given a
reasonable length of time to relocate if the permit is denied;
questioned staff's recommendation to allow a 24-month interim use;
applicant has not contributed to the betterment of the community
in the 14 years it has been in operation.
It was moved by Councilman Malcolm to give the applicant until
December 31, 1986 to relocate his business.
The motion died for lack of a second.
Assistant City Attorney Gill, noting environmental concerns,
advised that staff be given the opportunity to come back to
Councilin 2 weeks with environmental consequences of Council's
action.
Councilwoman McCandliss expressed concern with past experience
where a number of projects with significant environmental effects,
if they had met all the mitigating measures, Negative Declarations
would have been required.
Minutes - 8 - May 20, 1986
MSUC (Malcolm/McCandliss) to continue the public hearing for 2
weeks (June 3, 1986) with direction to staff to come back with a
report indicating some type of dust control (measures) and permit
to expire on December 31, 1986.
In answer to Council's questions, Assistant City Attorney Gill
stated the statute requires 72 hours notice prior to removal of
abandoned vehicles in the public right-of-way. A problem emerges
when the vehicle owner is unknown and/or definition of an
inoperable vehicle.
MS (Moore/Cox) direct staff to find the capability within the law
of removing inoperable vehicles from streets in order to enforce
it.
City Manager Goss suggested bringing back definitions describing
when a vehicle is a vehicle and when it is not a vehicle and
eventually suggest some type of legislation regulating this
problem.
The motion passed unanimously.
6. PUBLIC HEARING MID-BAYFRONT REQUEST TO STOCKPILE FILL
MATERIAL (Community Development Director)
RESOLUTION AUTHORIZING THE ISSUANCE OF A COASTAL
DEVELOPMENT PERMIT FOR CHULA VISTA
INVESTMENT COMPANY - STOCKPILE FILL
MATERIAL
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
The owners of property located within the Mid-bayfront have
submitted a request to stockpile approximately 100,000 cubic yards
of earth west of Bay Boulevard between "D" and "F" Street. This
stockpile will be imported and placed on site as uncontrolled
fill. Review of a fill placement plan is anticipated to be
complete by May 20, 1986 which will enable staff to submit a
report to the Council on May 27, 1986.
MSUS (Moore/Campbell) to continue the public hearing to May 27,
1986.
7. ORAL COMMUNICATIONS
a. Jack Unger, 714 Elm Avenue, Chula Vista, stated the City has
issued a permit to his neighbor for a garage conversion of a
third living area; cars are parked in front and back of the
house and an RV is is in the driveway; questioned how many
families can live in an R-1 zone.
Minutes - 9 - May 20, 1986
Mayor Cox discussed the implications that may arise as a
result of property splits such as in this situation and
perhaps an emergency ordinance should be enacted in these
cases. He noted that RV'S can be parked in private driveways
but not for living quarters.
Assistant City Attorney Gill stated the attempt to enforce
this situation through zoning police power is precluded by a
City of Santa Barbara case. Nuisance provisions do not
prevent a private property owner from bringing a private
nuisance action if they are being placed in a situation of not
being able to enjoy use of their property.
MSUC (Cox/McCandliss) to ask the City Attorney to look at existing
legislation that could be modified to further address the problems
presented by Mr. Unger (through League of Cities to temper or
modify Santa Barbara decision).
b. Gary Chidester, 702 East 22nd Street, #216, National City
92050, discussed problems associated with a parcel of land (at
the end of Palm Avenue in Broderick's Otay Acres) and
requested cooperation to regain access to his property.
Director of Public Works/City Engineer Lippitt explained that
the parcel in question is identified in a County map dated
1910 where streets were private at that time.
It was noted since this item is scheduled for Written
Communications next week, further discussions be continued to
that time.
c. Beth Pocklington, 657 Glover Place, Chula Vista stated the
situation described by Mr. Unger regarding R-1 zones is not
unique to other areas in the City; questioned City's lack of a
solar access provision; referred to previous hearing (Item 5),
noting ground water and fire hazards created as a result of
gasoline dumping on streets.
MSUC (Cox/Moore) to refer this to staff to come back with a report
in conjunction with their previous item (public hearing on item 5,
Auto Dismantling and Scrap Operations).
MSUC (Malcolm/McCandliss) have a brief report either formally or
informally if the City needs to take a look at solar access, or
with new regulations in place, determine if this is not necessary.
d. Robert Butts, 1450 Metrose, #160, Chula Vista 92011,
explained to Council that his two classic automobiles (engine
intact in one) were cited on private property and he has been
requested to move the vehicles in 10 days. He requested more
flexibility from the City towards responsible citizens to help
them comply with the laws.
Minutes - 10 - May 20, 1986
Council discussion ensued regarding citing individuals on
private property.
In response to Councilman Moore's concern, Assistant City
Attorney Gill stated when a matter is referred to the City
Attorney's office by the Zoning Enforcement Officer, the City
Attorney corresponds prior to taking any legal action giving
the individual at least 7 additional days to respond to a
citation.
MSUC (Cox/McCandliss) to refer this to staff with a report back to
Council.
e. Bill Ryan, 578 Rivera Street, Chula Vista expressed concern
that the Parks and Recreation Department had scheduled a swim
meet at Loma Verde Pool during the Memorial Day weekend.
Director of Parks and Recreation Mollinedo explained the swim
meet is an important part of community activities and Chula
Vista was assigned this par. ticular date to hold the swim meet.
CONSENT CALENDAR (8 - 23)
Items 8, 20, 21, and 22 pulled.
MS (Cox/McCandliss) to approve the Consent Calendar.
In response to Councilman Malcolm's question (regarding item 9),
Director Lippitt explained adjoining property owners to EastLake
development would be required to furnish street improvements (i.e.
curbs, sidewalks).
Councilman Malcolm, noting he had voted in error for this item
previously, suggested in the future the developer should be
required to front funds for street improvements. If it is later
discovered those improvements are necessary, the property owner
can reimburse the developer when the balance of the property is
completed with such improvements.
The motion to approve the Consent Calendar passed with Councilman
Malcolm and Councilwoman McCandliss opposed to Item 18 (Ordinance
2149).
8. RESOLUTION RESCINDING RESOLUTION NO. 7532 RELATING
TO THE PAYMENT OF PREVAILING WAGES FOR
CONTRACTS LET BY THE CITY OF CHULA VISTA
(Director of Public Works/City Engineer)
Pulled from Consent Calendar.
Minutes 11 - May 20, 1986
9. RESOLUTION 12483 ACCEPTING PUBLIC IMPROVEMENTS IN THAT
CERTAIN SUBDIVISION KNOWN AND DESIGNATED
AS EL RANCHO DEL REY, UNIT NO. 6D
(Director of Public Works/City Engineer)
Pacific Scenes, Inc. has completed the public improvements for
this subdivision. On June 19, 1984, through Resolution No. 11670,
the City Council approved the improvement agreement.
10. RESOLUTION 12484 REJECTING BID FOR CONSTRUCTION OF LIBRARY
WATER FEATURE IN THE CITY OF CHULA VISTA,
CALIFORNIA (Director of Public Works/City
Engineer)
Only one bid was received for construction of the library water
feature. The bid was for Alternate B which called for completion
of the work within 45 working days or around August 5, 1986.
Alternate A--requiring the work to be completed by July 2,
1986--received no bids. The low bid was by Live Water Systems,
Inc.-San Diego and was in the amount of $95,177, which was above
the engineer's estimate of $56,500 by ~38,677 or 68.5%.
lla.RESOLUTION 12485 ACCEPTING GRANTS OF EASEMENT FROM UNITED
ENTERPRISES FOR STREET PURPOSES FOR
OFF-SITE PORTIONS OF OTAY LAKES ROAD AND
LANE AVENUE AND DEDICATING AND NAMING
SAID STREETS (Director of Public
Works/City Engineer)
b. RESOLUTION 12486 ACCEPTING GRANTS OF EASEMENTS FROM UNITED
ENTERPRISES FOR SEWER AND STORM DRAIN
PURPOSES
On May 6, 1986, the City Council approved the condemnation of
certain parcels of land necessary for the improvement of Otay
Lakes Road and Lane Avenue, and associated drainage easements, and
a sewer easement necessary to extend the sewer main to serve the
EastLake Business Center. The owner of the subject parcels,
United Enterprises Inc., has since executed the documents granting
the easements for sewer, storm drain, and street purposes.
12. RESOLUTION 12487 ACCEPTING BIDS AND AWARDING CONTRACT FOR
"TREE TRIMMING SERVICE FOR FISCAL YEAR
1985-86 IN THE CITY OF CHULA VISTA,
CALIFORNIA" (Director of Public
Works/City Engineer)
On April 30 the Director of Public Works/City Engineer received
sealed bids for trimming cocos palm, phoenix palm, fan palm,
eucalyptus and broad leaf trees located on various streets in the
City of Chula Vista, California.
Minutes - 12 May 20, 1986
FINANCIAL STATEMENT:
Funds required for construction
Contract amount $ 72,115.00
Contingencies (approximately 10%) 7,215.00
Total funds for construction $ 79,330.00
Source of funding for construction
A. Professional Services Account ~ 66,360.00
B. Other Contractual Services Account 12,970.00
Total source of funding ~ 79,330.00
The low bid by Western Tree Services was below the Engineer's
estimate of ~117,071 by ~44,956 or 38.4%. Staff reviewed the bid
and believed it to be satisfactory and recommended awarding the
contract to Western Tree Service in the amount of ~72,115.
13. RESOLUTION 12488 ACCEPTING PUBLIC IMPROVEMENTS RUTGERS
AVENUE BETWEEN GOTHAM STREET AND EAST "H"
STREET - PROJECT ACCOUNT NO. EY188
(Director of Public Works/City Engineer)
EastLake Development Company has completed the required public
improvements for this project. The City Council, on December 17,
1985, through Resolution 12302, accepted the public right-of-way
for Rutgers Avenue and approved the improvement agreement for the
public improvements as shown on Improvement Plan No. 85-265A.
14. RESOLUTION 12489 ORDERING THE CITY ENGINEER TO PREPARE AND
FILE A REPORT IN ACCORDANCE WITH THE
"LANDSCAPING AND LIGHTING ACT OF 1972,"
FOR THE BAY BOULEVARD STREET LIGHTING 'AND
LANDSCAPING MAINTENANCE DISTRICT FOR THE
FISCAL YEAR COMMENCING JULY 1, 1986, AND
ENDING JUNE 30, 1987 (Director of Public
Works/City Engineer)
Four years ago, the Redevelopment Agency completed the
improvements on Bay Boulevard including lighting and landscaping,
between "E" and "F" Streets. An assessment district was formed to
pay for the electrical energy needed to light the street and
maintain the landscaping. This resolution, in accordance with the
Streets and Highways Code, begins the process for renewing this
district.
Minutes 13 - May 20, 1986
15. RESOLUTION 12490 ORDERING THE CITY ENGINEER TO PREPARE AND
FILE A REPORT IN ACCORDANCE WITH THE
"LANDSCAPING AND LIGHTING ACT OF 1972,"
FOR THE CHULA VISTA TOWN CENTRE NO. 1
STREET LIGHTING AND LANDSCAPING
MAINTENANCE DISTRICT FOR THE FISCAL YEAR
COMMENCING JULY 1, 1986, AND ENDING JUNE
30, 1987 (Director of Public Works/City
Engineer)
The maintenance district for the landscaping and lighting on Third
Avenue between "E" and "G" Streets has been in effect for six
years. It is now time to renew the assessment district for the
next fiscal year. This resolution, in accordance with the Streets
and Highways Code, begins the process of renewal.
16. RESOLUTION 12491 AMENDING RESOLUTION 7142 SO THAT
AUTHORITY DELEGATED BY THE CITY COUNCIL
TO DETERMINE THE NATURE OF INDUSTRIAL
DISABILITIES UNDER PUBLIC EMPLOYEES
R~TIREMENT SYSTEM (PERS) LAW, IS TO THE
CITY MANAGER OR HIS DESIGNEE (Director of
Personnel)
This amendment would simply allow the City Manager to designate
another subordinate officer to make determinations in the event
the City Manager could not, because of time constraints, act
within the required time frame.
17. RESOLUTION 12492 APPROVING COMPUTER FACILITIES MANAGEMENT
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND EDP MANAGEMENT, INC., AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
(Director of Management Services)
The current one-year contract with EDP Management expires June 30,
1986. Since the firm's performance under the contract has been
satisfactory, a new one-year agreement has been negotiated with
EDP Management to become effective July 1, 1986.
The only significant change in the proposed new contract compared
to the existing contract involves the payment amount (Section 4.A.
of the contract). The monthly payment to EDP Management for basic
services would be increased from ~4,489 to ~4,791, a 6.7% increase.
The FY 1986-87 cost of the contract for basic services would be
~57,496, funding for which is included in the City Manager's
Proposed Budget. Approval of this contract would have an impact
(maximum of $8,000) on the FY 1987-88 budget if the Data
Processing revenue earned during FY 1986-87 exceeds $100,000 and
thus results in an incentive payment to be made in July of 1987.
Minutes 14 - May 20, 1986
18. ORDINANCE 2149 APPROVING THE PREZONING OF 98 ACRES
LOCATED BETWEEN 1-805 AND RIOS AVENUE AND
BETWEEN RANCHO DRIVE AND THE NORTH FACING
SLOPES OF THE OTAY VALLEY TO A-8 AND F-1
- SECOND READING AND ADOPTION (Director
Of Planning)
This ordinance was placed on First Reading on May 13, 1986.
19. ORDINANCE 2150 AMENDING CHULA VISTA MUNICIPAL CODE
SECTION 5.20.030 RELATING TO THE NUMBER
OF LICENSED CARDROOMS - SECOND READING
AND ADOPTION (Assistant City Attorney)
This ordinance was placed on First Reading on May 13, 1986 and
increases the number of inhabitants per cardroom license from
25,000 persons per cardroom to 40,000 persons per cardroom.
20. REPORT PROPOSED POOL FEE STRUCTURE (Continued
from May 13, 1986)(Director of Parks &
Recreation)
Pulled from Consent Calendar.
21. REPORT PARKING PERMIT FEE INCREASE (Community
Development Director/Director of Finance)
Pulled from Consent Calendar.
22. REPORT ELECTRICAL UTILITY LINE EXTENDING OVER
RESIDENCE AT DEL MAR AVENUE AND BAYVIEW
~AY (Director of Public Works/City
Engineer)
Pulled from Consent Calendar.
23. REPORT IN RESPONSE TO WRITTEN COMMUNICATION FROM
SUPERVISOR LEON WILLIAMS REQUEST THAT THE
CITY OF CHULA VISTA PARTICIPATE IN THE
SAN DIEGO REGION WATER RECLAMATION AGENCY
(Director of Public Works/City Engineer)
At the City Council meeting of November 5, 1985, the City Council
requested staff to prepare a report and recommendations regarding
Supervisor Williams request. As was indicated in Supervisor
Williams' letter, the purpose of the Agency is to jointly study
methods and technology of water reclamation~ water management, and
reuse of waste water, to experiment with potentially cost
effective forms of advanced water treatment processes and to
develop water reuse plans and programs for use by individual
members.
Minutes - 15 - May 20, 1986
It was recommended Council take the position that the City should
not participate directly as a member of the San Diego Regional
Water Reclamation Agency, but should continue to actively seek and
support participation by the Metropolitan Sewerage System as a
unit in this Agency.
END OF CONSENT CALENDAR
8o RESOLUTION 12493 RESCINDING RESOLUTION NO. 7532 RELATING
TO THE PAYMENT OF PREVAILING WAGES FOR
CONTRACTS LET BY THE CITY OF CHULA VISTA
(Director of Public Works/City Engineer)
Per Resolution 7532 adopted November 26, 1974, the City Council
established as the prevailing wage rates those listed in the
booklet entitled, "Equipment Rental Rates and General Prevailing
Wage Rates," published by the State of California be used for all
public works construction contracts let by the City of Chula Vista.
Recently, it has been noted the City could save a substantial
amount of money if it were able to pay less than the prevailing
wage rates on certain public works projects.
The recommendation was that the Council rescind the use of the
booklet entitled, "Equipment Rates and General Prevailing Wage
Rates" as the basis of pay for projects not involving the use of
Federal or State monies.
In answer to Councilman Campbell's question, Senior Civil Engineer
Goldkamp explained Fuller Plumbing guaranteed prices to construct
individual sewer laterals to various homes in the County Club
area. Mr. Fuller now indicates upon reviewing plans and
specifications for the project he can no longer match the prices
he guaranteed as part of his consultant contract--the main reason
being the prevailing wages required to be paid to perform the work.
Assistant City Attorney Gill clarified the consultant provided
information for design costs of the sewer laterals before it was
determined actual construction of the improvements would go out to
bid.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
20. REPORT PROPOSED POOL FEE STRUCTURE (Continued
from May 13, 1986)(Director of Parks &
Recreation)
This item was trailed pending review of staff's recommendation.
Minutes - 16 May 20, 1986
21. REPORT PARKING PERMIT FEE INCREASE (Community
Development Director/Director of Finance)
The proposed increase would double the permit fee for one parking
space to $108 per quarter (~432 annually). As a result of
doubling the meter fees, the actual meter revenue per space (aside
from the convenience factor) would increase to $72 per quarter.
The convenience factor raises the quarterly permit fee to $108.
At their April 3, 1985 meeting, the Town Centre Project Area
Committee recommended doubling off-street permit parking fees.
There are currently seven permits authorized in the parking
district. The rates for these permits were established by the
Council on November 19, 1985. It is recommended that they remain
in effect for a minimum period of one year before an increase is
considered. If approved, the revenues received from the seven
permit parking spaces currently authorized would increase by 100
percent, from $1,512 to $3,024 annually.
The recommendation was that Council not take any action concerning
parking permit fees until the current fees have been in effect for
at least one year. It is further recommended that the Council
review the permit fees at the end of the year (November 1986).
MS (McCandliss/Malcolm) accept the report and approve staff
recommendations.
Gary Harper, representing the Town Centre Project Area Committee,
requested the increase be implemented at the end of the permit
period (June 30) and that there be a new fee of ~108 per quarter
since it is an exclusive use of the parking spaces; there is no
reason to wait on the increase; permit is for specific people to
use; parking district recently purchased the area (Fuson's Garage)
and money is needed to give back what the property is worth.
The motion to accept the report passed unanimously.
20. REPORT PROPOSED POOL FEE STRUCTURE (Continued
from May 13, 1986)(Director of Parks &
Recreation)
The proposed fee structure eliminated the existing season swim
pass system and a 30-swim punch pass was recommended. At last
week's meeting, Council directed staff to prepare a new fee
structure retaining the concept of the season pass system.
The additional revenue generated from the revised proposed season
pass will increase the Full Cost Recovery Revenue by approximately
$4,700. Increased revenue is based on the same number of season
passes sold at the proposed fee structure.
Minutes - 17 May 20, 1986
It was recommended that Council accept the amended pool fee
structure and make it effective on June 1, 1986.
Bill Ryan, 578 Rivera Street, Chula Vista concurred with staff's
proposed pool fee increases but questioned the duration.
Director of Parks and Recreation Mollinedo explained all City fees
will be reviewed on an annual basis, noting the last time the pool
fees were increased was in 1982.
MSUC (Malcolm/Cox to accept the report.
22. REPORT ELECTRICAL UTILITY LINE EXTENDING OVER
RESIDENCE AT DEL MAR AVENUE AND BAYVIEW
WAY (Director of Public Works/City
Engineer)
On February 4, 1986, the City Council requested that staff
investigate a situation involving an electrical utility line
overhanging a private residence near the Las Brisas Del Mar
tract. It was also requested that an informational report
indicating possible mitigation measures be prepared for Council.
It was recommended Council accept and file this report.
Director Lippitt noted a correction to page 2 of the Agenda
Statement, paragraph 3 should read, "... that the original home
owner was unwilling to correct the situation."
Peter Barkowitz, 184 North Del Mar Avenue, Chula Vista, q~estioned
instead of underground utility lines whether a new pole could be
installed at the west end of the property.
Mr. O'Hara, Planning Manager, San Diego Gas & Electric Company,
South Bay District, explained methods to underground in this area;
relocation of overhead lines; when the subdivision plans for Las
Brisas are available, SDG&E can address this.
MSUC (Cox/McCandliss) to continue this item and ask City staff to
contact SDG&E and Mr. Barkowitz to investigate other alternatives.
24. REPORT OF THE CITY MANAGER
a. MSUC (Cox/Malcolm) for a Closed Session (at the end of the
business meeting) for "Meet and Confer" and pending litigation
(Hopper vs. Chula Vista).
b. Safety lighting poles are being installed in the parks this
week.
Minutes - 18 - May 20, 1986
c. Trolley station groundbreaking is Friday, June 6, at 10:00 a.m.
d. Groundbreaking for Bayfront Interpretive Center is Friday,
June 13, at 2:00 p.m. Low bid on this project was $1.2
million.
e. Director of Management Services Thomson reported staff has
worked with the Quarter Deck Club, Nautical Heritage Society,
Chula Vista Marina, and Port District to pursue arrangements
for having the Tall Ship Californian locate in Chula Vista;
14'x16' dock proposed on the east side of the wave attenuation
pier to provide public access; marine depth is adequate to
accommodate ship at low tide, however, depth not adequate to
"move" ship at low tide so further dredging is necessary; with
Port District approval, dock should be completed by October
1986; dredging issue could take about 2 years, including
environmental studies, at a cost of ~400,000.
MSUC (Cox/Moore) to approve this (dredging proposal) in concept.
25. MAYOR'S REPORT None.
26. COUNCIL COMMENTS
a. MSUC (Moore/Malcolm) to oppose AB 3236 (Proposed amendment to
laws governing Local Agency Formation Commission) and forward
copies of letters to all cities in the County.
b. Councilman Moore stated the School Facilities Task Force
reinforced its original report, including 3 methods of funding
school facilities in the Mello-Roos Act.
c. Mr. Raso has inquired about his next step relative to the
residential construction at 165 Murray Street.
Councilman Malcolm suggested staff report back if the City
Council's direction to staff regarding design review of Mr.
Raso's building is troublesome.
d. Councilman Malcolm expressed concern with the length of City
Council meetings recently. He proposed that Closed Session
items precede City Council meetings at 6:00 or 6:30 p.m. and
that staff bring back a recommendation regarding this proposal.
e. Councilman Malcolm discussed the problem on Broadway relating
to "street-walkers." He suggested the newspaper should print
the names of judges releasing these individuals, instead of
printing the names of the individuals themselves.
Minutes 19 - May 20, 1986
f. Councilwoman McCandliss stated it is critical that Mr. Raso go
through design review for his project.
g. Councilman Campbell concurred that Closed Session items should
precede City Council meetings.
The Council recessed to Closed Session at 10:58 p.m. The Deputy
City Clerk was excused and the City Manager reported Closed
Session ended at 11:50 p.m.
ADJOURNMENT AT 11:50 p.m. to the Council Conference on Thursday,
May 22, 1986 at 4 p.m. and to Tuesday, May 27, 1986, at 7 p.m.
JENNIE M. FULASZ, CMC, CITY CLERK
Deputy City Clerk
0801C/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 regular meeting of the City Council of the
City of Chula Vista was held Tuesday, May 20, 1986,
and said meeting was adjourned to the time and place specified in
the Order of Adjournment ATTACHED HERETO:
That on Wednesday, May 21, 1986,at the hour of 3 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 May 20, 1986,
was held.
~ ~ .it ~. L.~ ~.'~' .! ~ .~. ,,~, ..
Adele A. Sarmiento
Deputy City Clerk
Subscribed and sworn to before me this
19j~Z .
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFO~]IA
Held Tuesday, May 20, 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: Campbell, McCandliss, Cox, F~alcolm, Moore
Councilmen Absent: None
ADJOURNMENT
The Mayor adjourned the meeting until Thursday, MaV 22, 1986,
at 4 p.m. in the Council O~onference Room, City Hall/
~f~d(~~~ 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 May 20, 1986
Adele A. Sarmiento
Deputy City Clerk
City of Chula Vista, California