HomeMy WebLinkAboutcc min 1989/05/16At 6:00 p.m., City Council held a Special Meeting to meet in
Closed Session to discuss Clara Ray vs. City of Chula Vista
(Claim) and Personnel.
MINUTES FOR A REGULAR MEETING OF THE CITY COUNCIL
FDR THE CITY OF CHULA VISTA
Tuesday, May 16, 1989 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
PRESENT: Mayor Cox, Councilmembers Nader, Malcolm,
McCandliss and Moore
ABSENT: None
ALSO PRESENT: City Manager Goss, Assistant City Manager
Asmus, City Attorney Harron
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES
MOTION
MSUC (Moore/McCandliss) to approve the Minutes for the Regular
Meeting of May 2 and the Adjourned (Workshop) Meeting of May 2,
1989.
2. SPECIAL ORDERS OF THE DAY - PROCLAMATION
a. PROCLAIMING THE WEEK OF MAY 21 THROUGH MAY 24, 1989 AS
"NATIONAL PUBLIC WORKS WEEK"
Director of Public Works John Lippitt accepted the Proclamation on
behalf of all Public Works Department employees.
b. Executive Director Don Read, Chamber of Commerce, reported the
Chula Vista Fair Day will celebrate "Business Salutes Youth of
Today; Business Leaders of Tomorrow" which will be held in
Memorial Park along Parkway.
Scott McMillin, Chairman of the Volunteer Committee, stated
the excitement of all members in the planning of this event.
Pins were distributed to Councilmembers who were officially
invited to the event on Saturday, May 20, from 10:00 a.m.
through 4:00 p.m.
Mayor Cox on behalf of the City Council presented a
Proclamation to the Volunteer Committee for the Business
Community under the leadership of the Chamber of Commerce
declaring May 20, 1989 as "Business Salutes Fair Day" in the
City of Chula Vista.
MINUTES 2 May 16, 1989
2c. Mayor Cox reported a Meeting of the Chula Vista 2000 Task
Force will be held on May 18 at 7:00 p.m. through 9:00 p.m. in
the Council Chamber. The purpose of the Meeting is to solicit
community participation in the Task Force to formulate a
vision of how the City will look in the year 2000 and beyond.
The Task Force will also identify the needs of the City
recommend the methods to City Council. The Steering Committee
Members have been selected and they are seeking other members
to participate on Subcommittees to focus on issues such as
Economic Development and Jobs, Environmental Issues and Open
Space, Creation of Parks, Libraries, Cultural Arts, Day Care
and related Quality of Life Issues. The May 18th Meeting is
designed to acquaint and recruit those who may be interested
in serving on the Task Force. More information can be
obtained from the Mayor's Office.
CONSENT CALENDAR (Items 3a 18)
Pulled Items: Items 3a, 9, 15, 16 and t8. Items 13 and 17 were
continued for one week. Regarding item 5, Mayor Cox reminded that
a public hearing was heard on April 25 and no public testimony
will be heard this evening.
City Attorney Harron confirmed, in answer to Councilman Nader's
question relative to item 5, that his employment by the Department
of Corrections does not constitute a source of conflict.
Councilman Nader also reported his intent, under Council Comments
on this Agenda, that he will recommend the addition of another
Commission's recommendation to the process next year.
COUNCILWOMAN McCANDLISS OFFERED THE BALANCE OF THE CONSENT
CALENDAR which was read by titles, the reading of'the texts waived
by unanimous consent and approved. (Councilman Malcolm abstained
on the portion of item 5 which refers to the Park Project at
Orange Avenue and Hermosa Avenue because of ownership of property
one block from the Project.)
3. WRITTEN COMMUNICATIONS
a. REQUEST TO IMPLEMENT SCHEDULED PAY INCREASES ON THE FIRST DAY
OF THE MONTH IN JULY 1989 AND JANUARY 1990 Representatives
of CVEA, POA, WCE, IAFF, City Employees
Pulled from the Consent Agenda.
b. REQUEST FOR A CURB TO BE PAINTED "RED" TO PROVIDE A READY EXIT
FOR HER DRIVEWAY - Mrs. W. P. Payne, 371 Vance Street, Chula
Vista, CA 92010
Council directed that staff come back to Council with a report
only if the request cannot be handled administratively.
MINUTES - 3 - May 16, 1989
3c. CLAIMS AGAINST THE CITY
1. Peter Doepke, c/o Joseph V. O'Leary, Esq., 535 H Street, 92010
seeking damages for personal injuries and financial losses
incurred in connection with an arrest involving Chula Vista
Police Officers.
2~. Leland Fred Haro, 1546 Arequipa Street, San Diego, CA 92154
seeking damages for personal injuries and financial losses
incurred in connection with an arrest involving Chula Vista
Police Officers.
3. Joe George Gonzalez, Jr., c/o Jeffrey A. Gardner, Esq. 110
West "C" Street, Suite 1400, San Diego, CA 92101 Alleging
Chula Vista Police Officers and other governmental agencies,
invaded their privacy and made slanderous comments to them.
Council denied the claims.
4. RESOLUTION 14093 APPROVING THE SUBMITTAL FOR SECOND YEAR
FUNDING OF THE CAREER CRIMINAL
APPREHENSION GRANT TO THE OFFICE OF
CRIMINAL JUSTICE PLANNING (Director of
Public Safety)
In July of 1988, the City accepted a grant from the Office of
Criminal Justice Planning (OCJP) for development of a Career
Criminal Apprehension Program. The grant is funded for 3-1/2
years; grant recipients must reapply for the grant each year to
ensure they are on track for meeting originally proposed goals and
objectives. The grant will provide $132,236 to the City. Council
approved the second year submittal of this grant.
5. RESOLUTION 14094 APPROVING THE 1989-90 COMMUNITY
DEVELOPMENT BLOCK GRANT BUDGET,
AUTHORIZING TRANSMITTAL OF COMMUNITY
DEVELOPMENT BLOCK GRANT APPLICATION AND
ASSOCIATED DOCUMENTS AND APPROVING A
TRANSFER OF COUNTY CDBG FUNDS TO THE PARK
PROJECT AT ORANGE AVENUE AND HERMOSA
AVENUE (Acting Director Community
Development)
Project funding applications were solicited from social service
agencies, City Departments and Commissions, and the public at
large. Submitted proposals have been reviewed by three advisory
bodies and their recommendations along with the public testimony
provided at the April 25, 1989 public hearing, have been taken
into consideration in compiling the proposed budget. The City is
expected to receive $1,203,000 in CDBG funds for 1989-90 to cover
recommended costs.
MINU~LS 4 May 16, 1989
Council approved the budget and authorized transmittal of the CDBG
application and associated documents requesting the Board of
Supervisors to reallocate $144,180 in County CDBG funding from
previously approved Montgomery projects to the Orange and Hermosa
park site acquisition project.
Councilman Malcolm abstained on the portion of item 5 which refers
to the Park Project at Orange Avenue and Hermosa Avenue because of
ownership of property one block from the Project.
6. RESOLUTION 14095 AWARDING LANDSCAPE MAINTENANCE CONTRACTS
FOR OPEN SPACE DISTRICTS 5 and 7 TO R. C.
LANDSCAPE (Director of Parks & Recreation)
The landscape maintenance of these Districts has been performed by
R.C. Landscape Maintenance on a month-by-month basis; the level of
performance by R.C. Landscape has been satisfactory and in
compliance to the specifications of the contract.
7. RESOLUTION 14096 RENEWAL OF LANDSCAPE MAINTENANCE CONTRACT
FOR OPEN SPACE MAINTENANCE DISTRICTS 1,
2, 3, 4, 6, 8, 9 10, 11, 14, UNITS 1 AND
15 (Director of Parks & Recreation)
On May 6, 1986, Council accepted the Department's report regarding
renewal options for Open Space contractors and now exercises its
option to renew the landscape maintenance contracts. Total cost
for maintaining these districts is borne by the respective
homeowner in each district.
8. RESOLUTION 14097 ACCEPTING BIDS & AWARDING LANDSCAPE
MAINTENANCE CONTRACTS FOR OPEN SPACE
DISTRICT 14 UNITS 2 6, AND EASTLAKE
MAINTENANCE DISTRICT #1 (Director of
Parks & Recreation)
Bids were received to provide landscape maintenance for Open Space
Districts No. 14, Units 2-6 and Eastlake Maintenance District No.
1 for FY 89-90. Council awarded the contracts to low bidders,
Blue Skies in the amount of $103,920.01 and Heffler in the amount
of $23,044.50.
9. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND VERNON G. HAZEN, PROJECT
MANAGER, AND THE BALDWIN COMPANY FOR
PROFESSIONAL SERVICES FOR OTAY RANCH AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Director of Planning)
Pulled from the Consent Calendar.
MINUTES 5 May 16, 1989
lO. RESOLUTION 14098 ACCEPTING CONTRACT WORK FOR CONSTRUCTION
OF STREET IMPROVEMENTS IN WALNUT DRIVE
ADJACENT TO LOS NINOS PARK IN THE CITY OF
CHULA VISTA AND APPROPRIATING FUNDS
(Director of Public Works)
On November 8, 1988 Council awarded a contract in the amount of
$534,650 for the construction of street improvements in Walnut
Drive to ABC Construction Company, Inc. The work is now completed
and Council approved the contract and directed staff to
appropriate $10,000 from the unappropriated fund balance of the
Gas Tax Fund.
11. RESOLUTION 14099 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND CHULA VISTA CENTER FOR
USE OF MALL AREA FOR CHULA VISTA TROLLEY
DEDICATION IDirector of Public Works)
The Transit Coordinator and Public Information Coordinator have
scheduled a dedication of the Chula Vista Trolley vehicles on
Friday, May 19, at the Chula Vista Center parking lot area.
Council approved the agreement subject to certain conditions.
12. RESOLUTION 14100 APPROVING FIRST AMENDMENT TO THE
AGREEMENT BETWEEN CITY OF CHULA VISTA AND
ENGINEERING-SCIENCE, INC. FOR CONSULTING
ENGINEERING SERVICES FOR A PUBLIC WORKS
FACILITY PLAN - PHASE II, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AMENDMENT ON
BEHALF OF THE CITY OF CHULA VISTA
(Director of Public Works)
On November 12, 1986, Council awarded a contract to the firm
Engineering-Science, Inc. for the preparation of Phase I of the
Public Works Facilities Plan. The General Plan is now in the
public review phase which requires that public meetings and
hearings be held which requires the Consultant's attendance at the
~ublic meetings and compensation therefore. The estimated cost is
2,000.
13. RESOLUTION DECLARING THAT A CERTAIN VACANT PARCEL OF
CITY-OWNED LAND, CONSISTING OF
APPROXIMATELY 3 ACRES, LOCATED
IMMEDIATELY WEST OF THE EXISTING GOLF
COURSE/RESTAURANT PARKING LOT ON BONITA
ROAD HAS NO PRESENT OR FUTURE USE FOR
PUBLIC PURPOSES (Assistant City Manager)
MOTION
MSUC (Nalcolm/McCandliss) to continue this item to the Regular
Meeting of May 23, 1989.
MINUTES 6 May 16, 1989
14. RESOLUTION 14101 TRANSFERRING OWNERSHIP OF SURPLUS VEHICLE
FROM THE CITY OF CHULA VISTA TO THE R. J.
DONOVAN CORRECTIONAL FACILITY (Assistant
City Manager)
The City entered into an agreement with the R. J. Donovan
Correctional Facility whereby inmates from the facility will be
performing work for the City on various projects over the next two
years. The first of these projects is the clean-up of Gunpowder
Point, which is scheduled to begin in mid-May and, as part of the
agreement, the City will transfer title of a 1977 pick-up truck to
the Donovan Correctional Facility for use by the inmates.
15. REPORT EUCALYPTUS PARK CONCEPT PLANS {Director /~
of Parks & Recreation)
Pulled from the Consent Calendar.
16. REPORT REGARDING ISSUES RELATED TO/~
"RENEGOTIATION INTERVAL" WITH COX CABLE
{Director of Finance)
Pulled from the Consent Agenda.
17. REPORT SPEED LIMIT ON RUTGERS AVENUE AND ALL-WAY
STOP AT ITHACA STREET (Director of Public
Works)
MOTION
MSUC {Cox/Nader) to continue the item to the Regular Meeting of
May 23, 1989.
18. REPORT APPROPRIATE TECHNOLOGIES {Director of
Public Safety)
Pulled from the Consent Agenda.
END OF CONSENT CALENDAR
Councilman Malcolm requested and Councilmembers concurred to
consider item 3a at this time.
3a. REQUEST TO IMPLEMENT SCHEDULED PAY INCREASES ON THE FIRST DAY
OF THE MONTH IN JULY 1989 AND JANUARY 1990 - Representatives
of CVEA, POA, WCE, IAFF, City Employees
Deputy City Manager Thomson reported a modification to the staff
recommendation and that he was advised by the Employee Association
Representative she does not consider this request a grievance
item. Assistant City Manager Asmus reported his conversation with
the representative of the Police Officers Association who stated
he fully understands the wording in the MOU. City Manager Goss
MINUTES 7 May 16, 1989
clarified that, if the issue is a misunderstanding of the language
of the MOU, this request would be handled through a grievance
procedure which would end in arbitration; or if it is a request
that something more be added, it should be referred to the meet
and confer process. It is staff's recommendation to either deny
the request or to refer to staff for meet and confer.
Sue Brown, 842 Grissom Street, 92154, President of the Chula Vista
Employees Association (CVEA), reported the issue concerns the
multi-year contract of the CVEA which stipulates pay raises every
six months. When negotiating the contract, the negotiating team,
as amateurs, failed to specify the specific language relative to
implementation of the pay increase. This was brought to her
attention by many employees who are angry at the delay in which
they receive their increase. The contract states the "First pay
period in July 1989", "First pay period in January 1990" and,
previously, "First pay period in January 1989" which total a loss
of almost six weeks of increased pay caused by this delay in
implementation. Petitions have been signed by almost 500
employees which have been received since Friday, May 12, and it is
obvious employees in all departments are interested. Council
respectfully requested to grant the request as stated as Council
did ten years ago when the POA approached them with the same
request.
Councilmembers questioned Mrs. Brown to confirm CVA is not asking
that pay raises be retroactive, nor is the CVEA asking for money
over and above that promised in the Memorandum of Understanding
(MOU) but rather that the pay increases be "timely." The
Associations realize there is a cost effect to this request but
consider it a small price to pay for the number of employees who
feel this action is not just.
Councilmembers concurred that it sounded like an difference of
opinion on the interpretation of the wording. Mrs. Brown
disagreed with this conclusion stating the Associations do not
want to file for a grievance nor do they want to go back to
arbitration; this particular instance is unique because of the
late dates into which the "first pay periods" fall and clarifyied
the pay increase to commences June 13 would not be in the paycheck
until two weeks later. If it was 5 or 6 days, she added, no one
would complain but two weeks three times in one year seems so
grossly unique and unusual and that perhaps it should looked at in
a different way.
Don Schofield, 11502 Calle Simpson, E1 Cajon, 92019, representing
Local 2180 International Association of Fire Fighters IIAFF),
stated agreement with most of what Mrs. Brown stated; there is
nothing to arbitrate. He said that, basically, they are asking
Council to bend the rules. Mr. Schofield further related, on
behalf of the IAFF, a few rules were broken when the Fire Fighters
did a considerable amount of work at Fire Station 2 and he does
not now think it is unreasonable to ask Council to "bend the rules
slightly" in this issue.
MINUTES - 8 - May 16, 1989
Charles Pugsley, Chula Vista Police Department, representing the
Police Officers Association (POA) stated support of the CVEA in
this proceeding. The Council could make the employees very happy
by paying them on the first of the month rather than waiting
almost two weeks into the contract; Council should be fair and see
the other side of this issue which also affects the POA contract.
MOTION
MS (Nader/Moore) that the matter be referred to the City Manager
for the Meet and Confer process.
Councilman Malcolm stated he would vote against the motion and
stated his reason since he is the Councilmember who fights for the
employees and for City promotions from within departments but,
there exists a written agreement that is signed by the City and by
the employees and he does not feel this is the proper way to
change an agreement. He does, however, want the employees to know
they can count on where he stands.
Mr. Schofield agreed with Councilman Malcolm that to meet and
confer would only postpone with no answer; Mr. Puglsey agreed the
wording in the MOU is perfectly clear. City Manager Goss offered
the choices seem obvious to go to meet and confer. In the
arbitration process, someone would be able to look at both sides
of the issue to give a recommendation.
SUBSTITUTE MOTION
MSUC (Cox/McCandliss) to not consider this as an item for the meet
and confer process but to refer to staff as a grievance procedure.
Mayor Cox assured all the representatives, speaking for Council
that, irrespective of the outcome of this issue, Chula Vista has
the best employees of any City in the State.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
******JOINT COUNCIL/REDEVELOPMENT*****
At 7:59 p.m. Council recessed to reconvene as a Joint City
Council/Redevelopment Agency Meeting.
19. REPORT FINAL SCHEMATIC DRAWINGS FOR THE CHULA
VISTA YOUTH COMMUNITY CENTER (Acting
Community Development Director)
Senior Community Development Specialist Buchan reported on January
19, 1989 the Redevelopment Agency reviewed a concept floor plan
for the proposed Chula Vista Youth Community Center. The Agency's
comments and concerns were discussed with the project architect
and incorporated into the plan. Final schematic drawings
including floor plan and elevations were completed and forwarded
to the Design Review Committee for evaluation. The Redevelopment
Agency is now presented with the schematic drawings inclusive of
the enclosed foyer and corridors in accordance with the Design
Review Committee recommendations.
MINUTES 9 - May 16, 1989
Richard Blackman, Principal with the firm of Wheeler Wimer
Blackman and Associates, formerly Wheeler Wimer Architects who did
the Chula Vista Public Library, discussed the style and type of
architecture which will again be presented again to the City of
Chula Vista. Mr. Blackman presented slides of the site plan, the
floor plans and the elevations.
Specialist Buchan clarified the designs presented for approval are
schematic and approval is requested to do detailed designs, the
Parks and Recreation Commission was interested in the functional
aspect of the building, the Design Review Commission reviewed the
original designs. The schematic drawings are presented in
response to the comments made by the Design Review commission.
Kevin O'Neill, Design Review Commissioner, reported the concerns
of the Commission was with the enclosed entry way and the
Committee would like to take another look at this. He stated the
drawings are "in the direction" that the Commission would be happy
with.
MOTION
MS (Cox/Malcolm) to approve the basic floor plan and to refer the
actual exterior design element back to the Design Review Committee.
Councilwoman McCandliss requested staff give attention to the fact
that the exterior should not entice graffiti.
ADDITION TO THE MOTION
(Cox/Malcolm) to include that it be a enclosed foyer scheme.
VOTE ON THE MOTION AND ADDITION
Passed unanimously.
At 8:15 p.m. the City Council/Redevelopment Agency Meeting
adjourned to reconvene as the City Council.
******COUNCIl RECONVENES******
20. PUBLIC HEARING PCC-89-29: REQUEST TO CONSTRUCT A
YOUTH/COMMUNITY CENTER ON THE NORTH SIDE
OF L STREET, EAST OF FIFTH AVENUE, ON THE
GROUNDS OF CHULA VISTA HIGH SCHOOL
(Acting Director of Community Development)
RESOLUTION 14102 APPROVING CONDITIONAL USE PERMIT
PCC-89-29 TO CONSTRUCT A YOUTH COMMUNITY
CENTER ON THE NORTH SIDE OF "L" STREET,
EAST OF FIFTH AVENUE, ON THE GROUNDS OF
CHULA VISTA HIGH SCHOOL
This being the time and place as advertised the public hearing was
declared open.
MINUTES lO - May 16, 1989
Director of Planning Krempl reported the Conditional Use Permit
allows construction of a 15,000 to 17,000 sq. ft. Youth Community
Center on the north side of "L" Street, 410 ft. east of Fifth
Avenue, on the grounds of Chula Vista High School (CVHS). The
cost of the facility could approximate $1,250,000. Two land use
impacts have been identified, noise and the adequacy of parking.
Relative to noise, the site is well suited within the Chula Vista
High School complex but outside unsupervised youth activities
necessitated the placement of conditions. Because there is no
specific parking ratio in the Code for this type of use, the
parking issue was reviewed with the nature and placement of the
facility in relation to the surroundings. The Planning Commission
has recommended approval.
There being no one to speak either for or against this item, the
public hearing was closed.
COUNCILWOMAN McCANDLISS OFFERED THE RESOLUTION which was read by
title, the reading of the text waived by unanimous consent and
approved unanimously.
21. PUBLIC HEARING ZAV-89-31: REQUEST TO ALLOW A 6-FOOT HIGH
WALL TO BE LOCATED IN FRONT SETBACK AREA
AT 9 L STREET W. H. BARTON (Director of
Planning)
RESOLUTION DENYING ZAV-89-31 TO ALLOW A 6-FOOT HIGH
WALL TO BE LOCATED IN THE FRONT SETBACK
AREA AT 9 L STREET - W. H. BARTON
RESOLUTION 14103 APPROVING ZAV-89-31 TO ALLOW FOR A 6-FOOT
HIGH WALL TO BE LOCATED IN THE FRONT
SETBACK AREA AT 9 L STREET - W. H. BARTON
This being the time and place as advertised, the public hearing
was declared open.
Director of Planning Krempl reported the request for variance
permits construction of a 6-foot high wall in the applicant's
front yard setback as a noise barrier to the thoroughfare traffic
on L Street. He stated the staff recommendation was to deny on
the basis the variance would constitute a special privilege not
enjoyed by adjoining neighbors, and would limit the open feeling
of the neighborhood. Alternatively, findings for approval were
presented and the Planning Commission recommended approval with
the condition that the wall should be decorative and 6' in height,
a landscaping and irrigation plan approved by the City Architect,
and there be a maintenance agreement filed with the City and
recorded with the County.
W. H. Barton, 9 "L" Street, 92011, addressed Council and pointed
out several differences he had with staff's study of the proposed
wall relating to noise decibels and advisory factors used. Mr.
Barton objected to the condition of the maintenance agreement.
MINUTES - ll May 16, 1989
James Austin, 17 "L" Street, spoke in favor of Mr. Barton's
request.
There being no others to speak either for or against this item,
the public hearing was closed.
Director Krempl, answering Councilman Moore, confirmed that staff
checked with CALTRANS and with San Diego Acoustics when completing
their study on the item, which revealed the wall would reduce the
DBA to a level less than 10, rather than 27. Councilman Moore
suggested this issue might be a "test case" for walls within the
City in view of the fact that the cost of the wall will inhibit
precedent setting. He stated agreement with the condition of the
maintenance agreement but added the problem might be solved with a
5' wall and that staff should evaluate the results and bring back
to Council.
MOTION
MSC (Moore/Nader) to amend the Alternate Resolution approving the
variance: {1) to include Condition 3 proposed by the Planning
Commission stated at the top of page 4 of the Staff Report; (2)
the wall would be a "maximum" height of 6-foot, and {3) to work
with staff on the width of the wall which should not necessarily
be the full width of the lot. {Councilwoman McCandliss voted no)
Councilman Nader questioned the landscaping plan and Director
Krempl confirmed that the applicant generally submits a proposal
for landscaping to be reviewed by staff.
VOTE ON THE AMENDED RESOLUTION
Motion passed. (Councilmembers McCandliss and Malcolm voted no)
22. PUBLIC HEARING P-87-9: REQUEST TO MODIFY SUNBOW PRECISE
PLAN TO INCREASE ALLOWABLE FLOOR AREA
FROM 2,550 SQUARE FEET OR 45% TO 55% ON
12 LOTS WITHIN CVT 87-8, UNIT NO. 3 - THE
FIELDSTONE COMPANY (Director of Planning)
RESOLUTION 14104 APPROVING A MODIFICATION TO PRECISE PLAN
P-87-9 TO INCREASE ALLOWABLE FLOOR AREA
FROM 2,550 SQUARE FEET OR 45% TO 55% ON
12 LOTS WITHIN CHULA VISTA TRACT 87-8,
UNIT NO. 3 - THE FIELDSTONE COMPANY
This being the time and place as advertised, the public hearing
was opened.
Director of Planning Krempl reported this is a request to permit
modification of the Sunbow Precise Plan in order to increase the
maximum allowable floor area ratio {FAR) from 2,550 square feet or
45% of the lot area to 55% of the lot area for 12 lots within CVT
87-8, Unit 3, located at the southwest quadrant of East Naples
Street and Medical Center Drive. Staff recommended only 7 lots
should be considered for FAR and they were pointed out on a
slide. 19 lots, or 35%, of the total subdivision is restricted to
MINUTES 12 May 16, 1989
single family homes and, in staff's opinion, that is fairly
restrictive; this actually transfers the FAR to another location.
Staff recommends approval.
Charles Gill, Attorney, 600 "B" Street, Suite 1100, San Diego,
representing The Fieldstone, waived his time in favor of
Fieldstone representative John Barone, 5465 Morehouse Drive who
confirmed the request has been reduced to seven lots and that the
19 single family homes are not subject to discussion and no
modifications are requested. The two family homes have greater
setbacks and offers a variety in the subdivision and flexibility
in the marketing program.
Councilman Malcolm reported the reasons for policy and that if
variations occur, there needs to be a trade off to pay funds into
the parks and open space fund, as was required on previous
developments.
MOTION
MSUC (Malcolm/Nader) to amend the resolution to request a fee of
$1500 per home to be included upon pulling the permits.
MAYOR COX OFFERED THE AMENDED RESOLUTION which was read by title,
the reading of the text waived by unanimous consent and approved
unanimously.
23. ORAL COMMUNICATIONS -
a. Merlin D. Ely, 323 Via Salaria, Chula Vista, 92010, reported a
problem with a company (Lunn and Finn, 370 Truesdale Drive,
Chula Vista) which burns toxic insulation causing residents of
the mobilehome park in which he lives to close all doors and
windows to keep from choking. He has reported this to the San
Diego Air Pollution Agency but has seen no results. Mr. Ely
requested Council's help to control this pollution.
MOTION
MSC ICox/Nader) to refer this item to staff to report back to
Council. (Councilman Malcolm out.)
Mayor Cox confirmed it was implicit in the motion to consult with
the Environmental Consultant and to take appropriate action if a
violation is evident.
MOTION
MSC (Nader/Cox) to direct staff to ascertain from ACPD what hours
their employees monitor complaints.
b. James Lovett, lO0 Woodlawn, (#75), Bayscene Mobilehome Park,
reported the events which followed a purchase of a mobilehome
by one of the residents, the petition which was filed, and the
lack of action taken by the park owner. City Attorney Harron
confirmed that the Housing Coordinator is communicating with
the park owner in hopes to get voluntary compliance; if not
successful, the ordinance will be enforced.
MINUTES - 13 May 16, 1989
c. Walter Scott, representing SDG&E, presented Council with
notices of a Workshop on Thursday, May 25 at 10 am at the
California Energy Commission in Sacramento, the subject of
which is "Prefiling Workshop for an Application for
Certification of San Diego Gas & Electric's South Bay
Augmentation Project. An additional paper outlined the
Project, why and how it will work and whether the merger with
SCE will affect this project. Mr. Scott confirmed that
augmentation is proposed for Unit #3 to burn natural gas
although it is his belief some requirement in licensing that
every plant must have an alternate fuel. Councilman Malcolm
reminded Mr. Scott of the requirement that fossil fuels can
also be burned if necessary and that he does not support the
Project.
Councilman Nader questioned the time frame in which to expect
the Environmental Impact Report (EIR). Mr. Scott replied it
would be 1990, he believed the PUC will be the lead agency and
that he would bring back that information to Council.
Councilman Nader stated his intent to assure that the City of
Chula Vista be included in the Environmental Review Process.
MOTION
MSC (Nader/Malcolm) to direct staff to place this item on the
Council Agenda for next week. (Mayor Cox out)
d. Victor A. Nolan, 12 Via Barberini, representing the Mobilehome
Issues Committee, requested that copies of any correspondence
and decisions regarding the Bayscene Mobilehome Park dispute
be sent to the Committee.
e. Bill Ayers, 44 East Mankato, Chula Vista, Member of the
Advisory Council to the Board of Supervisors, alerted Council
to AB 200, regarding the American Legion's consideration of a
new home for Veterans. Mr. Ayers requested Council to take
the lead effort as the second largest City in San Diego County
to find a home in this City.
MOTION
MSUC (~lcCandliss/Cox) to refer the item to staff and, if necessary
to the Legislative Committee if there is a need for support of the
action.
PULLED ITEMS
9. RESOLUTION 14106 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND VERNON G. HAZEN, PROJECT
MANAGER, AND THE BALDWIN COMPANY FOR
PROFESSIONAL SERVICES FOR OTAY RANCH AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Director of Planning)
MINUTES 14 May ~, ~9~
The agreement for temporary professional project management
services with Mr. Hazen and the Baldwin Company will allow the
City to process, in a timely fashion, a general development plan
and related documents for the 22,500 acre Otay Ranch Project. All
costs will be paid to the City by the applicant.
Councilman Nader requested staff to address the appropriate action
to be taken since the Baldwin Company, apparently, now intends to
process with San Diego County. City Manager Goss stated his
recommendation that the City of Chula Vista should proceed; there
are some advantages, this City could out-process the County and
they may be some joint processing. In any case, this City needs a
project team leader to protect its interests.
Councilman Malcolm stressed the need to get the County out of this
situation and to coerce Supervisor Bilbray to do what is in the
best interests of the citizens of Chula Vista since he controls
the decision as Chairman of LAFCO and this is his District. He
added San Diego County must allow this City to take control and to
work it out in the next thirty days how the City will proceed with
the County.
Councilwoman McCandliss, for the record, reported that she had
asked this item be pulled last week because of the "pro
development" stance of Vernon Hazen. Since that time, she has
spoken to many other City Councils and Management who are familiar
with Mr. Hazen and his capabilities to work in a competent and
professional manner. All Councilmembers concurred in these
statements.
COUNCILMAN NADER OFFERED THE RESOLUTION which was read by title,
the reading of the text waived by unanimous consent and approved
unanimously.
Councilman Nader suggested staff consider an alternative to bring
to Council a scenario for a green belt around the periphery of the
border of the Baldwin property which would demand processing with
this City for access to City streets.
At 10:24 p.m., Councilman Malcolm left the Meeting and Mayor Cox
left the dais.
15. REPORT EUCALYPTUS PARK CONCEPT PLANS (Director
of Parks & Recreation)
On September 27, 1988 Council approved an agreement with BSI
Consultants, Inc. to prepare a master plan for Eucalyptus Park,
which commitment to implement one of the concept plans will
require significant expenditures of funds over several years. The
costs could be funded from a variety of sources, including
Redevelopment funds, Residential Construction Tax, PAD fees and
State Bond Act funds. Council approved the recommendations of
Parks & Recreation Commission and Town Centre Project Area
Committee for Concept "C" Plan with the tennis court/basketball
court layout requested by the Project Area Committee.
MINUTES - 15 May I~, I~
Robert P. Jennings, 47 Fifth Avenue, Building Chairman of the
American Legion, reported the previous Sub-Committee Meetings
attended by him and the large amounts of money spent by the Legion
on prints and plans presented. Now it is evident the America
Legion is excluded from this proposed Plan.
Mayor Cox responded by stating this Plan does not preclude any
space for the American Legion; there is need for submission of a
Final Plan if so directed by Council. Councilman Moore reported
the stumbling block in the discussions with the American Legion
was the serving of alcohol on public property, a subject that was
addressed by adoption of a recent Resolution. Director of Parks
and Recreation Mollinedo confirmed that any policy currently in
force would be carried over to the new building. Mr. Jennings
stated the Legion would do their best to conform with any contract
submitted as they have with the original contract dated 11/17/86.
Kenneth Lambert, 1480 Melrose Avenue, 92011, spoke for Southern
Border Archery and urged Council to reconsider the Archery Range
at Eucalyptus Park which is one of only two in San Diego County.
It has been in existence since 1954, is accessible for the South
Bay and would be more cost-effective to revamp than to move to
another area.
Councilman Malcolm reported his opposition to the Master Plan
based on the large amount of money proposed ($8,000,000) to
rebuild a park that is functional even though it would take five
years to implement and include the drainage channel and the
community center. He said that, realistically, the Council has
had to deal with more serious problems with less money. Council
discussed the contract confirming the cost for the Master Plan is
included in the contract.
MOTION
MSC (McCandliss/Moore) to accept the staff recommendation.
(Councilman Malcolm voted no)
16. REPORT REGARDING ISSUES RELATED TO
"RENEGOTIATION INTERVAL" WITH COX CABLE
(Director of Finance)
In December of 1984, Chula Vista and Cox Cable entered into a
twenty-five year Franchise Agreement that included a provision the
Agreement would be subject to a "renegotiation interval" every
five years. In December 1988, the City and Cox Cable each
provided one year notice of a "renegotiation interval" pursuant to
Section 3 (B)(1) of the Franchise Agreement. $15,000 is
appropriated in the current budget for the purpose of hiring a
telecommunications consultant.
Councilwoman McCandliss referred to a previous discussion of a
two-tiered rate structure and the decision by the City Attorney
that Council state a standard so the rates would be uniform. She
added this should not be incorporated in this renegotiation
interval.
MINUTES 16 - May 16, 1989
MOTION
MSC (McCandliss/Moore) to direct staff to include that on their
shopping list for review. (Councilman Malcolm out)
MOTION
MSC (McCandliss/Cox) to accept the staff report.
18. APPROPRIATE TECHNOLOGIES (Director of Public Safety)
Councilman Nader commented on the recommendation of staff to work
with Appropriate Technologies to meet the required safety measures
and questioned the open-ended date for completion.
Fire Marshal Gove reported a meeting with Appropriate
Technologies' representatives addressing the issues as listed in
the City's letter of May 4 and, specifically the water supply.
She replied to questions by stating, in a worst case scenario,
there is not adequate water supply; enforcement action by Council
should have a realistic but definite time limit and stated 30
days, and that the company has been acting in good faith with
implementing the safety measures. Fire Marshal Gove recommended
no operations need to be suspended.
MOTION
MSC (Nader/Moore) that Council allow Appropriate Technologies
another thirty days to move toward compliance, to direct staff
report back to Council in thirty days with the steps taken by
Appropriate Technologies and that any failure to move
expeditiously be reported for Council consideration and potential
action. (Mayor Cox and Councilman Malcolm out)
24. CITY MANAGER'S REPORT
a. Scheduling of Council meetings None
At 10:44 p.m., Mayor Cox returned to the dais.
25. MAYOR'S REPORT
a. SB 303 IDeddah) concerning the Proposition C Regional Growth
Management efforts - A report was give that on Friday, May 12,
the SANDAG Board of Directors took action to ask the Senator
to refer this to interim study for a two-year bill for
submission after the Proposition C efforts are completed.
b. Pacific Scene will be hosting the Dedication of Sun Ridge Park
on Saturday, June 3 at 10:00 a.m.; commendations were stated
for their community involvement.
c. Friday, May 19 at 2:00 P.M., the ceremonies will be held
dedicating the Chula Vista Trolley at the Fifth Avenue
entrance of the Chula Vista Shopping Center.
MINUTES 17 - May i6, )9~9
MOTION
MSC (Cox/NcCandliss) to refer to staff the recommendation of
providing unique uniforms for the personnel involved in such
special events. (Councilman Nader voted no; Councilman Malcolm
out)
d. On Sunday, May 21, City Assemblyman Fumio Yamada from Chula
Vista's Sister City, Odawara, Japan, will be in Chula Vista.
A dinner will be planned for him with Council on Tuesday, May
23 at 5:00 p.m.
e. An announcement made of a Workshop to be held at 7:00 p.m. on
Wednesday, May 24, at Bonita Vista High School by Supervisor
Gotding to solicit citizen input on the general issue of
growth management by addressing regional coordination,
resource conservation and protection, facilities planning and
financing and community planning.
f. Staff was directed to inclue the Open space letter which was
included in Council's packet, for distribution to the
residents of the Open Space Districts.
g. Notation was made of the recent Police report: 58 vehicles
stolen and 68 vehicles recovered.
26. COUNCIL COMMENTS
COUNCILMAN MALCOLM:
a. Legislative Report for Council Action:
1. AB 264 (Lancaster) Exempts Fire Fighters from Commercial
Driver Licenses SUPPORT
Mayor Cox, reporting the item for Councilman Malcolm, stated the
Bill died in Committee.
b. Legislative Report for Information Only:
1. AB 2349 (Frazee & Mojonnier) Controlled Substances
Council Referral #1509 - SUPPORT
2. SB 12 (Robbins) Building Permits & Subdivision Maps
Disposal Facilities & Sites Council Referral # OPPOSE
3. SB 961 (Maddy) Creates the California and Baja California
Enterprise Zone Authority - OPPOSE
4. SB 25!5 (Bergeson, Ayala, Torres) Airports: Land Use
Commissions: Funding OPPOSE
MINUTES 18 May 16, 1989
COUNCILMAN NADER:
c. AB 1830 (Peace) Counties of San Diego, Orang6 & Riverside
Joint Airport Authority This was deleted from the Agenda of
May 16 and it was requested the item be docketed for an action
item if the recommendation is to oppose.
d. Bus Stop on Fourth Avenue North of "E" Street Information
was received indicating the stop should be moved closer to the
intersection to avoid the present inconvenient and troublesome
spot north of the corner.
Director of Public Works Lippitt reported the reason of placing
the bus stop at its present spot was because of the left turn lane
configuration at the corner and the problem a bus would cause by
cars trying to get around it. It was concurred a diagram would be
provided to more easily explain this problem.
Answering Council's question, Transit Coordinator Gustafson
reported it is hoped the construction of the bus turn-around
on East "H" Street from the Chula Vista Shopping Center would
be completed by September or October 1989; the Landscape
Architect will be bringing the specifications to the
Engineering Department in one month at which time it would be
ready to go out to bid.
e. SDG&E Using the Billing Mailer for Political Advertising
(Merger) The Public Utilities Commission (PUC) has a motion
waiting to be heard on this issue.
MOTION
MS (Nader/McCandliss) to direct staff to send letters to the PUC
and the Legislators expressing the City's opposition to the
practice of a public utility using its billing mailer to advertise
a particular point of view on a pending issue and suggest that the
practice be either prohibited or to require the utility to provide
an equal opportunity to respond with opposing points of view.
Walter Scott, SDG&E, reported he provided the response to the
PUC for SDG&E on this issue because it is yet to be proven it
is a violation of the First Amendment or other Amendment. The
material was paid for by shareholders, not customers, with the
money coming from the allowed rate of return. Answering
Councilman Nader, Mr. Scott further reported that UCAN was
allowed access for notices to the SDG&E bill payers in an
experiment, at the end of which the Court ruled that "billing
space belongs to the Utility."
VOTE ON THE MOTION
Motion passed. (Councilman Malcolm out)
f. SB 407 (Stirling) Enhanced Prison Term: Firearms - This
creates a new felony offense for those who are simultaneously
in possession of firearms and under the influence of drugs and
is supported by law enforcement and the National Rifle
Association; an amendment was made to preclude probation.
MINUTES - 19 May ~, ~
MOTION
MSC (Nader/Cox) to direct staff to add SB 407 to the list of
Legislative Committee items to support. (Councilman Malcolm out)
g. CDBG Process -
MOTION
M (Nader) to direct staff, beginning next year, to allow the Youth
Commission and the Commission on Aging to have its input solicited
and added to the packet for council consideration.
SECOND TO THE MOTION
(McCandliss) to include that the item come back to Council for
review at the end of the next CDBG cycle.
VOTE ON THE MOTION
Passed. (Councilman Malcolm out)
COUNCILWOMAN McCandliss:
h. Traffic Signal at Palomar and I-5 This intersection was
established as a No. 1 priority and cost-sharing is being
attempted with CALTRANS. Director of Public Works Lippitt
reported the history of the discussions and the cost estimates
and, at this time, he would like to be allowed to try to work
with CALTRANS until June.
MOTION
MSC (McCandliss/Nader) to direct staff to docket this item for the
beginning of July for a status report for possible Council
action. ICouncilman Malcolm out)
h. Report was given of an irregular towing of a car from a
9rocery parking lot to across the street, after which the set
amount of time, the towing company picked up the car which
amounted to a double fee.
MOTION
MSC (McCandliss/Moore) to direct staff to review and to bring back
to Council for possible action.
ADJOURNMENT AT 10:53 p.m. to the 7:00 p.m. Regular Meeting of
Tuesday, May 23, 1989.
Jennie M. Fulasz, CMC
CITY CLERK
~Fortu~e, CMC
DEPUTY CITY CLERK