HomeMy WebLinkAboutcc min 1985/07/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, 7:00 p.m. July 16, 1985
ROLL CALL
PRESENT: Mayor Cox, Councilmembers Malcolm,
McCandliss, Moore
ABSENT: Councilman Scott
STAFF PRESENT: City Manager Goss, Assistant City
Attorney Gill, Assistant City Manager
Asmus
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 meetings of June 6, 27 and
July 2, 1985
Councilwoman McCandliss asked for a clarification of the minutes
of July 2, page 20, referring to her comment regarding the fires
at Normal Heights. The minutes state "firemen" and it should be
"firefighters" because the person referred to was a woman.
Further, the minutes should reflect "the equipment was
incompatible" and the supposition was that it was for the fire
hydrants.
MSUC (Moore/Malcolm) to approve the minutes as corrected.
2. SPECIAL ORDERS OF THE DAY
a. PROCLAMATION IN RECOGNITION OF KIRSTEN PIPES
KOHRUMEL'S ACHIEVEMENTS AT THE 29TH
ANNUAL NATIONAL WHEELCHAIR GAMES
The Proclamation was read by Mayor Cox and presented to Kirsten by
Vice-Mayor Malcolm.
b. PRESENTATION OF CHULA VISTA SLIDE SHOW (Public Information
Coordinator)
Public Information Coordinator Cox presented a narrated color
slide film of scenes of Chula Vista. Mr. Cox said the film is
available for showing to organizations throughout the City.
City Council Minutes 2 July 16, 1985
3o WRITTEN COMMUNICATIONS
a. CLAIMS AGAINST THE CITY
Urbon Jones, 891 Otay Lakes Road, Chula Vista, 92010
Veronica Jones, 891 Otay Lakes Road, Chula Vista, 92010
The claims filed against the City are in the amount of $23,500
each. The claimants alleged property damage, medical treatment
and pain and suffering as a result of their vehicle running over a
water valve cover which struck the car's under-carriage and
allegedly causing loss of control and striking the center median
on East "H" Street. The water valve cover is not owned or
maintained by the City; therefore, it was recommended by Carl
Warren and Company and the risk management staff these claims be
rejected.
Richard James Harrold, Jr., 6144 Winchester Street,
San Diego, 92139
A claim was filed against the City by Richard Harrold, Jr. in the
amount of $23,500 for the replacement value of his truck which was
stolen from the City parking lot on April 2, 1985. All the men in
the Chula Vista Fire Department Station No. 1 were out fighting
two arson fires and while out on the calls, lockers and other
property at the station were burglarized. Battalion Chief
Harrold's pickup truck keys were taken from his locker and the
pickup was stolen with its personal property contents. According
to the Police Report, all of the victims had left their lockers
unlocked and there were no signs of forced entry. Since the time
of filing the claim, Mr. Harrold's truck was recovered and a
suspect was arrested for the burglaries. It was recommended by
Carl Warren and Company and the risk management staff that this
claim be rejected.
MSUC (Cox/McCandliss) to deny the claims.
b. REQUEST FOR ENFORCEMENT OF WEED ABATEMENT REGULATIONS
(Jack T. Wilsont 57 Center Street, Chula Vista, CA 92010)
Mr. Wilson noted the number of violations existing in the City
with the potential of fire, sanitation and health hazards. He
requested some immediate action be made by the Public Safety
Department and/or the City Council regarding weed abatement in the
City.
City Manager Goss informed Council that the Fire Department
initiated their week abatement program in mid-April. Properties
needing abatement have been posted. If the owner does not abate
the weeds, the City will do so and charge the property owner.
MSUC (Moore/McCandliss) to acknowledge and file the request.
City Council Minutes - 3 - July 16, 1985
c. REQUEST FOR ASSISTANCE OF WEED ABATEMENT ON PROPERTY OFF
OTAY LAKES ROAD (EAST OF OTAY LAKES LODGE) (Richard P.
Crowe, 1925 Otay Lakes Road #135)
Mr. Crowe expressed concern regarding the weed tract extending
from Otay Lakes Road up the hill, along the entire perimeter (1925
Otay Lakes Road #135), Chula Vista and a great potential for
fire.
City Manager Goss reported the County has now started clearing the
weeds and debris in this location. Supervisor Bailey is to
introduce an ordinance this week governing weed abatement.
MSUC (Moore/McCandliss) to acknowledge this letter with the
background information provided by the City Manager.
Councilwoman McCandliss questioned the fire service responsible if
a fire occurred in the United Enterprises property, specifically
those areas contiguous to the City boundaries, such as off Orange
Avenue. Battalion Chief Harrold stated the Forestry Service would
be the first respondent. Chula Vista does have mutual aid and
would send a strike team out if called; Chula Vista's equipment is
for fighting structure fires and the City does not have any
forestry rigs.
Councilwoman McCandliss asked if some agreement could be reached
with the Forestry Service or another jurisdiction since she was
not confident there would be immediate response to a fire in this
location.
MSUC (McCandliss/Malcolm) to refer this question to staff for a
brief report back to City Council.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
4. PUBLIC HEARING CONSIDERATION OF AN AMENDMENT TO SECTION
19.58o147D OF THE MUNICIPAL CODE
REGARDING SEPARATION BETWEEN LARGE FAMILY
DAY CARE HOMES (Director of Planning)
a. ORDINANCE 2123 AMENDING SECTION 19.58.147D OF THE CHULA
VISTA MUNICIPAL CODE TO REQUIRE A
1,200 FOOT SEPARATION BETWEEN LARGE
FAMILY DAY CARE HOMES ON THE SAME STREET
- FIRST READING
This being the time and place as advertised, Mayor Cox opened the
public hearing.
City Council Minutes 4 - July 16, 1985
On May 14, 1985, the City Council adopted an ordinance
establishing standards for large family day care homes in single
family zones and directed that the standard regarding separation
between such facilities be brought back for further
consideration. One of the standards recommended by staff and
adopted by Council was the requirement that large family day care
homes be located no closer than 500 feet from one another.
At the May 14 meeting, Council expressed some interest in limiting
large family day care homes to no more than one every 1,200 feet
on the same street to provide neighborhoods with an added degree
of protection from the potential for adverse traffic and parking
impacts.
The Planning Director recommended that Council enact an ordinance
amending Section 19.58.147D. of the Municipal Code to read as
follows:
"D. A large family day care home shall not locate 1,200 feet
of another such facility on the same street as measured
from the exterior boundaries of the property."
In answer to Councilwoman McCandliss' query, Mr. Krempl said the
distance would approximate 20 homes having 60 foot frontage.
There being no comments either for or against, the public hearing
was declared closed.
MSUC (Moore/Malcolm) to place the ordinance on first reading, the
reading of the text was waived by unanimous consent passed and
approved unanimously.
5. ORAL COMMUNICATIONS
a. Mrs. Caroline Butler, Chula Vista, cited some recent
accidents involving the CTS (Community Transit System) and
noted the late arrivals of some of the buses. She stated she
boards the buses daily and has to prove she is disabled
whereby she never had to do that with Aztec. She asked the
Council to bring back the bus service it had as of June 30,
1985.
In answer to the Mayor's question, Assistant City Manager
Asmus stated a report would be coming to the Council very
shortly on the CTS operation.
b. Jack Unger, 714 Elm Street, Chula Vista stated he has lived
in his home since 1949. In June 1984, people moved into a
guest house built at 720 Elm Street. They now have a
telephone, a TV and have lived there for over one year.
Mr. Unger questioned whether this was, in fact, a "guest
house" as defined by ordinance.
City Council Minutes - 5 - July 16, 1985
MSUC (Cox/McCandliss) to refer this to staff for a report back
the City Council.
Council Malcolm stated he would like to see an emergency
ordinance prohibiting .guest homes until the Council has had
more of a chance to look into the issue.
Mayor Cox said he would include this in his motion.
Councilwoman McCandliss agreed to the second.
Mayor Cox asked that information also be provided to the
Council as to the number of guest homes now under
construction in the City.
CONSENT CALENDAR (Items 6 - 29)
Items pulled - 6d, 8c, 10, 19, 26 and 27.
MSUC (Malcolm/Cox) to approve the Consent Calendar.
6 a. RESOLUTION 12079 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE CHULA VISTA JAYCEES
IN REGARD TO THE EXPENDITURE OF CITY
FUNDS APPROPRIATED (City Manager)
b. RESOLUTION 12080 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND GRETCHEN EVANS LIBRARY
CONCERTS IN REGARD TO THE EXPENDITURE OF
CITY FUNDS APPROPRIATED
c. RESOLUTION 12081 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE UNITED NATIONS DAY
COMMITTEE IN REGARD TO THE EXPENDITURE OF
CITY FUNDS APPROPRIATED
6d. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND JOBS FOR YOUTH IN REGARD
TO THE EXPENDITURE OF CITY FUNDS
APPROPRIATED
(Item 6d was pulled from the Consent Calendar)
The 1985-86 budget includes funding of various Community Promotion
organizations. Agreements have been prepared for the following
groups in the amounts approved by the City Council:
a. Chula Vista Jaycees $5,575
b. Gretchen Evans Library Concerts 2,000
c. U.N. Day Committee 380
d. Jobs for Youth 2,500
City Council Minutes - 6 - July 16, 1985
7. RESOLUTION 12082 WAIVING BUSINESS LICENSE FEES FOR BONITA
VILLAGE ARTISTS, AUXILIARY OF
BAY HOSPITAL MEDICAL CENTER, THE CHULA
VISTA ART GUILD INCORPORATED AND THE
BONITAFEST (Director of Finance)
On June 4, 1985, the City Council approved and adopted Ordinance
No. 2113 authorizing the City Council to waive business license
fees for non-profit or charitable organizations. The City
received requests for waiver of business license fees from the
Bonita Village Artists, Auxiliary of Bay Hospital Medical Center,
the Chula Vista Art Guild and the Bonitafest.
The Council expressed the desire to have the ability to waive
business license fees for those events and organizations that help
to promote and publicize the City of Chula Vista. All the above
organizations are non-profit and expend much time and effort in
promoting art appreciation and cultural growth in the City of
Chula Vista.
The Director of Finance recommended Council waive the business
license fees for the above mentioned organizations.
8a. RESOLUTION 12083 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND METROPOLITAN YMCA OF SAN
DIEGO COUNTY (Community Development
Director)
b. RESOLUTION 12084 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND SOUTH BAY MEALS-ON-WHEELS
c. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND SWEETWATER UNION HIGH
SCHOOL RESTAURANT TRAINING PROGRAM
(Item 8c was deleted from the Agenda)
d. RESOLUTION 12085 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND SOUTH BAY COMMUNITY
SERVICES (OUR HOUSE, INC.)
e. RESOLUTION 12086 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND SOUTH COUNTY COUNCIL ON
AGING FOR SHARED HOUSING PROGRAM
f. RESOLUTION 12087 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND TEN OVER SIXTY
g. RESOLUTION 12088 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND LUTHERAN SOCIAL SERVICES
FOR PROJECT HAND
City Council Minutes - 7 - July 16, 1985
h. RESOLUTION 12089 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND SLINGERLAND EDUCATIONAL
SUPPORT ORGANIZATION
On June 14, 1985 the City Council approved the Community
Development Block Grant (CDGB) budget for fiscal year 1985-86.
Included in that approved budget were funds for the organizations
listed above. Agreements for supporting these programs must be
approved before funds can be released.
The total cost of the programs, $84,953 will be funded from the
1985-86 Community Development Block Grant budget. No general
funds will be involved.
9. RESOLUTION 12090 AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER TO CALL UP ALL
DEFERRALS FOR PUBLIC IMPROVEMENTS
(Director of Public Works/City Engineer)
At the Council meeting of April 2, 1985, Council called up
deferrals granted in the past for improvements on Las Flores Drive
and "D" Street. Over the years, the process of granting deferrals
has rested in the hands of: 1) the City Council, 2) the Planning
Commission, and 3) the City Engineer. In the area of Las Flores
Drive and "D" Street, all three parties had granted deferrals;
therefore, all three parties were calling up deferrats. Council
directed that staff return with a policy for calling up deferrals
by one party irregardless of who granted the deferral.
The Director of Public Works/City Engineer recommended authorizing
the City Engineer to call up deferrals.
In answer to Councilman Moore's question Director of Public
Works/City Engineer Lippitt explained the procedure of calling up
the deferrals and the appeal process for those owners who do not
have the money to put in their improvements.
11. RESOLUTION 12091 REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF SAN DIEGO TO PERMIT THE
REGISTRAR OF VOTERS TO CONSOLIDATE THE
MUNICIPAL ELECTION OF THE CITY OF CHULA
VISTA WITH THE MUNICIPAL AND DISTRICT
GENERAL ELECTIONS ON NOVEMBER 5, 1985
(City Clerk)
Elections Code 23302 states in part that the City Council shall
submit a resolution to the Board of Supervisors requesting
consolidation with the Municipal and District General Elections on
November 5, 1985 at least 88 days prior to the date of the
election. The County Registrar of Voters has set this deadline as
August 9, 1985 at 5 p.m.
City Council Minutes - 8 - July 16, 1985
12. RESOLUTION 12092 CALLING AND GIVING NOTICE OF THE HOLDING
OF A ELECTION TO BE HELD IN SAID CITY ON
TUESDAY, NOVEMBER 5, 1985 FOR THE PURPOSE
OF SUBMITTING TO THE QUALIFIED ELECTORS
OF CHULA VISTA, A VOTE ON TWO OFFICES OF
CITY COUNCIL OF CHULA VISTA, A NUMBER OF
PROPOSITIONS AMENDING THE CHARTER OF THE
CITY OF CHULA VISTA, AND A SPECIAL
ELECTION IN THE MONTGOMERY AREA TO FILL
SEVEN POSITIONS ON THE MONTGOMERY
COMMUNITY PLANNING COMMITTEE AND
CONSOLIDATING SAID ELECTION WITH THE
MUNICIPAL AND DISTRICT GENERAL ELECTIONS
TO BE HELD ON THE SAME DATE (City Clerk)
At the meeting of June 25, 1985, the City Council approved certain
changes to the Charter as recommended by the City Attorney and
directed the propositions to be placed on the November 5, 1985
election ballot.
In accordance with Government Code Sections 34458-34461, the City
Council is required to call an election for Charter amendments 90
days prior to the election - or by August 7.
13. RESOLUTION 12093 APPOINTING THE REGISTRAR OF VOTERS OF THE
COUNTY OF SAN DIEGO DEPUTY CITY CLERK OF
THE CITY OF CHULA VISTA TO FACILITATE THE
EXECUTION OF DOCUMENTS PERTAINING TO THE
MUNICIPAL AND DISTRICT GENERAL ELECTIONS
TO BE HELD ON NOVEMBER 5, 1985 (City
Clerk)
The resolution appointing the Registrar of Voters as Deputy City
Clerk is a routine one which simply permits expeditious handling
of printing and mailing the sample ballots.
14. RESOLUTION 12094 AUTHORIZING THE CITY ATTORNEY TO FILE A
WRITTEN ARGUMENT REGARDING THE CITY
PROPOSITIONS (City Clerk)
The City Council has directed that certain propositions amending
the City Charter be placed on the November 5, 1985 election.
Arguments in favor of the propositions along with the City
Attorney's analysis will be printed in the sample ballot
brochures. The recommendation is to authorize the City Attorney
to prepare the arguments in favor of the propositions.
City Council Minutes - 9 - July 16, 1985
15. RESOLUTION 12095 ORDERING THE CANVASS OF THE MUNICIPAL AND
GENERAL DISTRICT ELECTIONS TO BE HELD ON
TUESDAY, NOVEMBER 5, 1985 TO BE MADE BY
THE CITY CLERK (City Clerk)
Section 22932 of the State Elections Code provides for the canvass
of municipal elections. The Section reads: "The governing body of
the City shall meet at their usual place of meeting on the first
Tuesday after the election to canvass the returns." At that
meeting, the City Clerk will submit her "Certificate of Canvass"
to the City Council and swear in the newly-elected officials.
16. RESOLUTION 12096 ESTABLISHING A POLICY TO CANCEL MEETINGS
IN THE FIRST WEEK OF JULY AND DURING THE
CHRISTMAS HOLIDAYS (City Clerk)
At the meeting of June 25, 1985, the City Council voted to
establish a policy whereby the first meeting in July would be
cancelled. Subsequently, on July 2, 1985, the Council expanded
that policy to include the meetings normally scheduled during
Christmas and New Year's week. Traditionally, the meeting
between Christmas and New Year's holiday has always been
cancelled.
17. RESOLUTION 12097 ESTABLISHING A COMMUNITY PLANNING
COMMITTEE FOR THE MONTGOMERY AREA WITH
SEVEN MEMBERS TO BE ELECTED FOR THEIR
INITIAL TERM AFTER WHICH SUBSEQUENT TERMS
SHALL BE FILLED BY APPOINTMENT (City
Attorney)
At its July 2, 1985 meeting, the City Council conducted a public
hearing at which time it considered the formation of a community
planning committee for the Montgomery area should it annex to the
City of Chula Vista. The Council reviewed the City's current
ordinance on community planning committees and voted to amend it
to allow the election of members to a community planning committee
for an initial term after an area is annexed. Subsequent terms
are to be filled by appointment.
18. RESOLUTION 12098 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND PAUL MANGANELLI FOR
PLANNING SERVICES (Director of Planning)
On June 28, 1983, the City Council approved an agreement with
Mr. Paul Manganelli to provide planning evaluation and processing
work for the E1 Rancho Del Rey General Plan Amendment.
The term of the agreement had previously been extended to June 30,
1985.
City Council Minutes - 10 July 16, 1985
Due to the recent direction by Council to reconsider the Specific
Plan Amendment, all parties are in agreement that the contract
should be extended to August 31, 1985.
20. RESOLUTION 12099 EXTENDING THE TIME FOR ADJUSTING WAGES
AND BENEFITS FOR ALL CITY EMPLOYEES TO
AUGUST 13, 1985 (Assistant City Manager)
The City's negotiating team has not been able to complete
negotiations with the Chula Vista Employees Association (CVEA) and
Western Council of Engineers (WCE) prior to the July 16, 1985
deadline established at the July 2, 1985 meeting. In order to
complete these negotiations and to have any adjustments
retroactive to July 5, 1985, City Council action declaring its
intention to make such adjustments retroactive is required.
21. ORDINANCE 2117 AMENDING SEVERAL SECTIONS OF THE ZONING
ORDINANCE REGULATING SATELLITE DISH
ANTENNAS SECOND READING AND ADOPTION
(Director of Planning)
This ordinance was placed on first reading at the meeting of
July 2, 1985. Generally, the ordinance defines satellite antennas
as permitted accessory uses in a residential zone if they are
ground-mounted and in the rear portion of the lot; require
screening and buffering; limits height and precludes placement in
a hillside modifying district; prohibits a rooftop antenna in a
residential district unless a variance were filed and approved;
allows one dish per lot and mandates that use be for private,
non-commercial purposes in a residential zone; for rooftop-mounted
commercial proposals, a building permit and also a conditional use
permit process is required.
22. ORDINANCE 2118 AMENDING ZONING MAP OR MAPS ESTABLISHED
BY SECTION 19.18.010 OF THE CHULA VISTA
MUNICIPAL CODE REZONING 2.09 ACRES AT
176 OTAY LAKES ROAD FROM A-D TO R-3-P-8
- SECOND READING AND ADOPTION (Director
of Planning)
This item involved a request by Kinder Care Learning Center, Inc.
to rezone 2.09 acres located at 176 Otay Lakes Road from A-D
(Agriculture) to C-C-P (Central Commercial) on the northerly 0.73
acres and C-O-P (Commercial Office) on the southerly 1.36 acres.
The Council rezoned the property to R-3-P-8 and placed the
ordinance on first reading.
City Council Minutes - 11 - July 16, 1985
23. ORDINANCE 2119 AMENDING SECTION 2.48.040 OF THE
CHULA VISTA MUNICIPAL CODE PERTAINING TO
THE FORMATION OF A COMMUNITY PLANNING
COMMITTEE IN TERRITORY PROPOSED FOR
ANNEXATION - SECOND READING AND ADOPTION
(City Attorney)
This amendment allows Council to fill the membership of a
community planning committee by election for the first term and
appointment for subsequent terms. This item was placed on first
reading at the meeting of July 2, 1985.
24. ORDINANCE 2120 AMENDING CHAPTER 8.20 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO MOBILE FOOD
PREPARATION UNITS SECOND READING AND
ADOPTION (Assistant City Attorney)
The adoption of the proposed amendment to Chapter 8.20 of the
Chula Vista Municipal Code authorizes the operation of "hot food
trucks" within the City's corporate boundaries. This item was
placed on first reading at the meeting of July 2, 1985.
25. ORDINANCE 2121 AMENDING SECTION 2.05.010 OF THE
CHULA VISTA MUNICIPAL CODE BY PLACING
CERTAIN MANAGEMENT LEVEL EMPLOYEE
POSITIONS IN THE UNCLASSIFIED SERVICE -
SECOND READING AND ADOPTION (Assistant
City Manager)
Council's approval of the FY 1985-86 City budget included some new
executive and mid-management level positions these positions
would be appropriately included in the unclassified service.
Section 500(A) of the City Charter permits inclusion of those
positions by adoption of an ordinance of the City Council Section
2.05.010 of the Municipal Code was amended by the City Council on
July 2, 1985 to include these positions.
26° ORDINANCE AMENDING CHAPTER 8.20 OF THE CHULA VISTA
MUNICIPAL CODE BY ADDING A NEW SECTION
8.20.025 REGULATING VENDING VEHICLES NEAR
SCHOOL FACILITIES - SECOND READING AND
ADOPTION (City Attorney)
(Item No. 26 was pulled from the Consent Calendar)
27. REPORT REVIEWING PROPOSED REQUESTS FOR PROPOSAL
FOR SALE OF TELEGRAPH CANYON ROAD SITE
(Community Development Director)
(Item No. 27 was pulled from the Consent Calendar)
City Council Minutes - 12 July 16, 1985
28. REPORT EXTENSION OF TERMS BY THE CHULA VISTA
CITY SCHOOL DISTRICT (City Attorney)
The City Attorney reported that the current extension Education
Code which applied only to school boards within San Diego County
authorizes a school district to adopt a resolution requiring its
general district election to be held on the same day as the
statewide direct primary election or the day of the statewide
general election. The section also gives school boards the
authority to extend their term "notwithstanding any provision of
law to the contrary". It would, therefore, appear to supercede
any limitation contained in the Charter.
The City Charter never restricted the school board and there is no
instance of the schools ever yielding their sovereignty to the
City pursuant to its Charter provisions with the possible
exception of the school board's action in 1982 to extend its
term.
The City Attorney recommended Council repeal Article XI of the
City's Charter purporting to regulate schools.
29. REPORT REQUEST TO CONDUCT A COUNTRY WESTERN
FESTIVAL, SALSA FESTIVAL AND CHILI COOK
OFF (Director of Parks and Recreation)
The Downtown Committee of the Chamber of Commerce and the
San Diego Area Chapter of the National Multiple Sclerosis Society
requested permission to conduct a one-day event combining a
Country Western Festival, the Lite Beer/Salsa Festival and Chili
Cookoff. The event will be held on Saturday, August 24, 1985, and
permission is being requested to close Third Avenue from Davidson
Street to Park Way and to use Memorial Bowl for a concert. Waiver
of fees and sidewalk sales ordinance and provision of certain City
support services were also requested.
End of Consent Calendar
RESOLUTIONS AND ORDINANCES, FIRST READING
6d. RESOLUTION 12100 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND JOBS FOR YOUTH IN REGARD
TO THE EXPENDITURE OF CITY FUNDS
APPROPRIATED
Councilwoman McCandliss stated that during the budget session, the
Council talked about Jobs for Youth being able to be eligible for
Block Grant funds. She asked whether anything has been done to
track records determining whether or not they are serving low and
moderate income people.
City Council Minutes - 13 - July 16, 1985
Assistant City Manager Asmus stated that the people responsible
for the operation feel it is very difficult to monitor. They are
dealing strictly with youngsters who would have to be given some
kind of questionnaire to take back to their parents to fill out.
MSUC (McCandliss/Cox) for staff to work with the Jobs for Youth
people to come up with some easy, reasonable and rational method
of trying to determine family income.
RESOLUTION WAS OFFERED BY COUNCILMAN MALCOLM, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
10. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND WILLIAM HARSHMAN,
SEWERAGE CONSULTANT, FOR THE PERFORMANCE
OF PROFESSIONAL SERVICES, AND AUTHORIZING
THE MAYOR TO SIGN A CONTRACT (Director of
Public Works/City Engineer)
(This item was deleted from the Agenda)
19. RESOLUTION 12021 AUTHORIZING STAFF TO ENTER INTO
NEGOTIATIONS WITH RCG-INBUCON
PRODUCTIVITY SERVICES, INC. TO CONTRACT
FOR A PRODUCTIVITY STUDY OF THE LIBRARY'S
CIRCULATION ACTIVITIES (Library Director)
In FY 1983-84, Council approved a CIP Project of $10,000 for the
design phase of a new circulation area. In January 1985, the City
issued a Request for Proposal (RFP) for a study to recommend
improvements in the Library's circulation activities and
development of the plans required for the recommended
improvements. Proposals were sent to twenty-five
architectural-planning and industrial engineering firms.
RCG-INBUCON, Productivity Services, although not the low bidder
($49,000) was selected because the written proposal and oral
presentation showed a superior understanding of Chula Vista's
library situation.
Councilwoman McCandliss stated that before she could approve an
expenditure of $49,000 to study the library circulation, she will
need a lot more information on this. Library Director Lane stated
this is only a request to enter into negotiations - she hopes the
final contract will be less than the $49,000 quoted. Mrs. Lane
added there is a possibility of saving perhaps three positions a
year by this proposal.
City Council Minutes - 14 July 16, 1985
Councilwoman McCandliss stated she is going on record as
scrutinizing the staff report when it comes back to the Council to
see if the cost is necessary to achieve the desired result.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
26. ORDINANCE 2122 AMENDING CHAPTER 8.20 OF THE CHULA
VISTA MUNICIPAL CODE BY ADDING A NEW
SECTION 8.20.025 REGULATING VENDING
VEHICLES NEAR SCHOOL FACILITIES -
SECOND READING AND ADOPTION (City
Attorney)
This ordinance prohibits vending vehicles from stopping or parking
within 500 feet of a school property between 7:00 a.m. and
4:00 p.m. on regular school days. This item was placed on first
reading at the meeting of July 2, 1985.
Councilman Moore stated that at the last meeting Council directed
staff to review the potential of authorizing the Sweetwater Union
High School District to post signs denoting an area which vendors
could utilize for parking their vehicles to sell their product.
Schools could either agree or disagree as to the posting of these
signs.
Councilman Malcolm said he has a problem with the 500 foot
distance since some schools are as much as 10 acres in size or
larger. He feels the ordinance was not drafted correctly. He
proposed the ordinance be adopted this evening to affect only the
elementary schools.
Councilwoman McCandliss agreed stating her concern is chiefly with
the elementary schools.
Assistant City Attorney Gill stated he will come back next week
with a revised ordinance for first reading eliminating the junior
and senior high schools.
MSUC (Malcolm/Moore) to amend the ordinance to refer only to the
elementary schools.
City Manager Goss questioned whether this would include private
and nursery schools.
Assistant City Attorney Gill stated he would have to look into the
vehicle vending ordinance regulations to see how it would apply to
private properties.
Mayor Cox suggested the wording "cannot park on public streets
within 500 feet of schools".
City Council Minutes - 15 July 16, 1985
Assistant City Attorney Gill suggested the entire ordinance be
referred back to staff for redrafting.
MSUC (Malcolm/Moore) to refer this item back to staff to bring
back a revised ordinance for first reading.
MSUC (McCandliss/Moore) to refer Councilman Moore's proposal to
the high school district for comments to see if that kind of
arrangement is of interest to them or what their on-going interest
in this kind of ordinance is.
27. REPORT REVIEWING PROPOSED REQUESTS FOR PROPOSAL
FOR SALE OF TELEGRAPH CANYON ROAD SITE
(Community Development Director)
At the May 21, 1985 meeting, Council directed staff to prepare a
Request for Proposal for the public sale or lease of the
City-owned property at Telegraph Canyon Road and Paseo del Rey and
to prepare the Request for Proposal (RFP) for sale, lease or
exchange of property.
The RFP has been prepared for Council review; however, the
recommendation is to put the property out to bid for sale or lease
only due to recommendations from the Finance and Engineering
Departments.
Councilwoman McCandliss referred to the agreement "A-g" whereby
the word "shall" was used. She felt that this was mandatory and
the wording should be changed.
MSUC (McCandliss/Malcolm) to amend the agreement to use the word
"will" - (Single-family detached housing shall be permitted).
Councilman Malcolm stated a more in-depth study should be made of
this particular request before it goes out to the RFP's. The
property is significantly over 25-feet below the single-family
homes so there is a question for the need for a 25-foot
limitation. Councilman Malcolm added he cannot support the motion
and he agrees with Councilman Scott's statements made at the last
meeting that staff should look very closely into this property to
determine its proper zoning and height before going out to bid.
MSUC (Malcolm/Moore) to docket for discussion this particular
parcel for appropriate zoning, height limitation, etc. on the
property and to refer to staff to come back with a recommendation
on what the correct zoning should be.
Director of Community Development Desrochers indicated a report on
the uses of the current zone did go to the Council. Councilman
Moore remarked the Council wants more information on this: such
as, if the property is recessed so many feet below units, is a
25-foot height limitation the best?
City Council Minutes - 16 - July 16, 1985
Mayor Cox clarified the motion: Council asked to have a~evaluation
on those types of zoning, height limitation, setbacks, any
modification that could be made, any recommendation for more
appropriate zoning if any.
30. RESOLUTION 12102 ACCEPTING BIDS APPROPRIATING FUNDS, AND
AWARDING CONTRACT FOR CONSTRUCTION OF
STREET AND DRAINAGE IMPROVEMENTS IN
LAS FLORES DRIVE AND "D" STREET BETWEEN
SECOND AVENUE AND MINOT IN THE CITY OF
CHULA VISTA AND AUTHORIZING STAFF TO
EXECUTE CHANGE ORDER NO. 1 FOR
CONSTRUCTION OF STREET IMPROVEMENTS TO
PROVIDE ADDITIONAL SIDEWALK (Director of
Public Works/City Engineer)
Mayor Cox announced a potential conflict of interest and will not
be voting on this particular matter. The Mayor stated the first
recommendation would require a four-fifths vote which is for an
appropriation of $10,000; recommendations 2,3 and 4 need only the
three-fifths vote. Mayor Cox left the dais at this time and
Vice-Mayor Malcolm presided over the item.
On June 19, 1985, the Director of Public Works/City Engineer
received sealed bids for the work required to construct a 20-ft
wide ribbon pavement and enclosed storm drain system including
some curb, gutter and sidewalk, sidewalk ramps and masonry
retaining wall.
The Director of Public Works/City Engineer recommended the Council:
1. Appropriate an additional $10,000 from the unappropriated
balance of the Gas Tax funds.
2. Authorize the expenditure of $306,100.
3. Accept bids and award contract to R.E. Hazard Contracting
Co., San Diego, in the amount of $277,873°50.
4. Authorize staff to execute Change Order #1 for additional
sidewalk construction.
MSUC (McCandliss/Malcolm) to approve recommendations 2, 3 and 4 -
Mayor Cox abstained.
In answer to the Council's query, Director of Public Works/City
Engineer Lippitt noted the sidewalk improvements which will be put
into the area. Assistant City Attorney Gill declared the
resolution needs to be altered by eliminating the words
"appropriating funds" which should be taken out of the title and
the text of the resolution.
City Council Minutes - 17 - July 16, 1985
RESOLUTION OFFERED AS AMENDED BY COUNCILWOMAN MCCANDLISS the
reading of the text was waived by unanimous consent, passed and
approved with Mayor Cox abstaining.
Mayor Cox returned to the dais at this time.
31. RESOLUTION APPROVING DENSITY BONUS FOR HOUSING
PROJECT PROVIDING LOW AND MODERATE-INCOME
HOUSING BY STARBOARD INVESTMENT COMPANY
AND APPROVING AGREEMENT (Community
Development Department/Director of
Planning)
The site consists of three existing lots fronting on Fourth Avenue
(54-66) with a total area of 1.43 acres. Each lot presently
contains a single family dwelling which will be removed to provide
the construction of 53 apartments. The units will be located in
two separate buildings, three stories high.
Government Code Section 65915 requires a jurisdiction to grant a
density bonus or other incentive of equivalent financial value to
a requesting developer who agrees to provide a percentage of the
project units for low and moderate-income housing.
Housing Coordinator Gustafson further explained that to satisfy
the State Law requirement for the density bonus, the developer
must provide one of the following:
1. Ten percent of the pre-density bonus units for occupancy
by lower income households (below 80% of median
income).
2. Twenty-five percent of the pre-density bonus units for
an undetermined mix of occupancy by moderate and
low-income households (below 120% of median income).
The original agreement was based on the following set-aside
condition for the project:
1. Twenty percent, or 9, of the pre-density bonus units
would be affordable to low-income households. Those
units would be occupied only by low-income households
and rents would not exceed 25% of the monthly income of
a household at 80% of median income.
2. The set-aside units would be reserved for rental
occupancy for a minimum term of 20-years.
City Council Minutes - 18 - July 16, 1985
The current property owner/applicant, Starboard Investment
Company, wishes to continue with the project proposal and density
bonus request. However, they request that the reservation of
affordable units be for a period of 10 years, rather than 20
years. The staff's recommendation remains the same with 20 years
being the period of reservation. If this recommendation remains
unacceptable to the applicant, it would be recommended that the
Council refer the applicant's request to the Redevelopment
Agency's Housing Consultant, Daniel Grady, for an evaluation of
appropriate incentives of equivalent financial value which could
be offered to the developer in lieu of a density bonus.
Mr. Martin Blair, 600 "B" Street, Suite 1900, San Diego
representing Starboard Investment Company, stated they are the
owners of the property on Fourth Avenue. They agree with the
recommendation of the staff except for the one guideline which
they feel is restrictive - the 20-year occupancy for rental units
and request it be for 10-years.
Councilman Malcolm questioned tax financing for projects such as
this. The developers are talking about adding an additional nine
(9) units on one and one-half acres of property which make it very
dense. He felt the Council should require more years than just
20-years since there is no limitation on that aspect. The project
is being developed on a very heavily travelled road adding more
traffic. A two-bedroom will be renting for $550 a month and a
one-bedroom for $450 a month, which are expensive rentals.
Housing Coordinator Gustafson explained Council has the
alternative - instead of giving a bonus, they can give some kind
of financial relief in lieu of the density bonus waive the fees
or not require some of the public improvements.
Councilwoman McCandliss indicated her concern with the location of
the project and asked staff to investigate the incentive program
for future projects. Mr. Gustafson stated he would like to come
back with a policy on this; however, Starboard indicated they
would accept the 10-years, if they could not get the 20-years.
MSUC (Malcolm/Moore) to continue this item for one week.
Councilman Malcolm asked the staff to include in their report the
option of requiring the low and-moderate income units for a period
of 30-40 years; what is the maximum allowed and staff
recommendation on that, and for information on mix of low
and-moderate housing which can make a difference on the rents.
Councilman Moore commented this is another issue whereby the State
dictates to the local authorities what to do. He suggested a
letter be sent to the State Legislature asking them to revise this
method.
City Council Minutes - 19 - July 16, 1985
City Manager Goss said a letter could be drafted to go to the
League of California Cities.
MSUC (Moore/Cox) to direct staff to prepare a resolution for the
California League of Cities (League Conference to be held in
October) requesting action of the State Legislature regarding the
subject discussed tonight.
32. RESOLUTION DENYING REQUEST BY SOUTH BAY AMBULATORY
SURGERY CENTER FOR SEVEN DESIGNATED
PARKING SPACES ADJACENT TO THE SOUTH SIDE
OF THE SURGERY CENTER AT 251 LANDIS
STREET (Director of Finance)
The South Bay Ambulatory Surgery Center requested the City
designate seven parking spaces in public parking lot No. 2 on
Landis Street exclusively for their use. This item has been
appealed to the City Council from the Parking Place Commission.
The Director of Finance recommended Council uphold the decision of
the Parking Place Commission in denying the request by the South
Bay Ambulatory Surgery Center.
Dr Charles Umansky stated the issues are (t) they are requesting
the removal of one or two parking meters in front of the facility
to allow the dropping-off and picking-up of patients; (2) they are
requesting seven spaces on the south side of the building in the
parking lot to be reserved for doctors' spaces. They will pay a
reasonable monthly or yearly rent for those spaces. The Parking
Place Commission was against this - arguing that it might start a
precedent. Dr. Umansky stated this Surgi-Center facility is very
unique in the South Bay and should be granted this consideration.
Dr. Umansky added that there are four spaces in the back of the
building, however; it is difficult to get to - one space is for
ambulance deliveries and the other space is for deliveries with no
entrance to the building from the alley. The doctors did attempt
to purchase the adjacent lot to put in their own parking but were
discouraged from doing this. The seven spaces they are requesting
is not in proximity to any other business in the area.
Dr. Umansky indicated there are two parking meters in front of the
facility which blocks the handicapped from leaving and entering
the building.
Councilman Malcolm indicated the Council made some commitment to
the doctors prior to the construction of the facility that parking
spaces would be made available to them.
City Council Minutes - 20 - July 16, 1985
MSUC (Malcolm/Cox) to refer this back to staff to come up with
some appropriate fee on a lease basis for the parking spaces they
would have to pay the City. (The policy of the City is to utilize
parking spaces to the maximum and for payment of those fees.)
Mayor Cox agreed, adding that there could be some signage in the
parking lot noting it was for permit parking only. Mayor Cox
agreed this is a unique situation and it should be worked out with
staff.
Council discussion centered upon the wheelchair ingress and
egress; the parking spaces at the rear of the facility; the
decision of whether this entity needs special consideration; the
fact that other parking lots in the City had permit parking and it
was not successful and revenues coming into the City on this and
the adjacent two parcels prior to the construction of this
facility was $200 a year and now it will be approximately $30,000
a year.
MSUC (Cox/McCandliss) to refer the handicapped parking spaces in
front of the facility to the staff for a report.
33a. REPORT SCHOOL DEVELOPERS' FEES (Director of
Planning)
b. RESOLUTION REGARDING THE PRACTICE OF ACCEPTING
LETTERS FROM THE SCHOOL DISTRICT FOR
PROPOSED DEVELOPMENT
On July 2, 1985, City Council requested that staff bring back a
resolution stating the City would no longer act as a conduit for
the collection of school developer fees on new construction.
Council requested staff to look at the implications of such an
action and inform and invite participation by the school districts
prior to the item being considered on July 16, 1985.
The Director of Planning recommended the resolution be filed and
that the City actively participate in a Task Force with both
districts to study alternative methods of school funding and the
fee structure.
Mayor Cox read the letter from Dr. Joseph Cummings, Chairman of
the Board of Trustees Elementary School District asking that a
joint task force be formed to study the developers'fees.
City Manager Goss reported he met with the Superintendents of the
school districts to try to resolve some of these issues. Each
district indicated they would like to see this studied further
since without the City collecting the fees, future schools would
be jeopardized.
City Council Minutes - 21 - July 16, 1985
City Manager Goss recommended the resolution be filed and that a
Task Force be set up. Mayor Cox introduced Superintendent
Trujillo, Superintendent Beal, Business Manager John Linn and
Board Member Penny Allen. Superintendent Trujillo, Sweetwater
Union High School District, declared he is in favor of getting the
Task Force initiated in order to study and come up with some
ideas. He confirmed that Sweetwater Union High School District
would keep the present fees intact until some resolution is
reached on this matter.
In answer to Councilman Malcolm's question, Superintendent
Trujillo stated they will try to resolve the issue of apartment
units vs. single family homes and would try to have the fees
consistent throughout the district.
Councilwoman McCandliss noted the issues involved were long-term
funding of schools; immediate concern with the developers fees;
the concern that the money collected in Chula Vista would be
spent for Chula Vista schools and the communication process
between the schools and the Council. She stated the schools
sincerely believe they have been communicating with staff in
formulating this proposal. Council feels they should have
been given more involvement with the process.
Mr Ty Compton, 299 Landis Avenue, Chula Vista, representing the
South San Diego Bay Board of Realtors,stated two months ago they
started forming a committee outside of the school districts in
order to go over these problems. The schools sanctioned the
committee as a task force and asked to have it expanded. It was
expanded to include representatives from the Board of Realtors,
construction industry, apartment and single-family home builders,
Chamber of Commerce, the Mayors of each city and the
Superintendents from each district. The Supervisor of the First
District will be asked to delegate a member. They wished to keep
the lines of communication open on all accounts and are aware this
is a long term problem to be addressed.
Mayor Cox introduced Greg Rowe, Executive Director, South San
Diego Bay Board of Realtors.
Mr. Cliff Roland, 1100 Industrial Boulevard, Chula Vista stated he
is delighted that communications have opened up by both entities.
In answer to Councilman Malcolm's question, Director of Planning
Krempl stated the elementary school now collects a $1,690 fee for
all units. Councilman Malcolm commented he likes the idea of
having the committee discuss this; however, the committee as
proposed by Mr. Compton will have an answer some time in November
if not sooner. He would like to see something done immediately.
City Council Minutes - 22 - July 16, 1985
Councilman Malcolm added the last time a high school was built in
Chula Vista was 20 years ago and the school fees have tripled
since first proposed. Thousands of apartment units have been
built in the San Ysidro area (equivalent to EastLake Phase 1) and
no fees have been collected down there. It would amount to
approximately $6 million dollars that Chula Vista would have
charged the builders had they built in the City and this should
not be allowed to happen.
Mayor Cox stated the Task Force is a step in the right direction.
The issues which need to be dealt with are (1) the method of
assessment (2) the manner in which the assessment will be
implemented and (3) high equity of the assessment the same
charge should be applied in the cities of Chula Vista, National
City and and San Diego.
MSUC (Malcolm/Cox) to file the resolution.
MSUC (Malcolm/McCandliss) to direct staff to set up a joint
meeting as soon as possible with the school districts: high school
and elementary school with special emphasis on the high school.
MSUC (Cox/Malcolm) for staff to communicate with the high school
and elementary school districts to come back with a resolution for
Council to consider and forward to the California League of Cities
annual meeting to address the need for long-term funding for
capital facilities for the school districts.
34. REPORT OF THE CITY MANAGER
a. MSUC (Malcolm/Moore) for Closed Session for purposes of meet
and confer.
b. City Manager Goss referred to the E1 Rancho del Rey memo
concerning scheduling a meeting and suggesting the dates of
July 23, July 30, August 6, 13 Or 20. The Director Of
Planning will be on vacation the first two weeks of August.
MSUC (Cox/Malcolm) to schedule the meeting for August 20.
c. City Manager Goss commended the Fire Department and Police
Department on the handling of the Telegraph Canyon Road
fire.
d. Municipal Pursuit Questions:
1. What San Diego County city (area) had the lowest
May-October maximum ozone concentration in 19847
Answer: Chula Vista.
City Council Minutes - 23 July 16, 1985
2. How many days over the ozone standard did Chula Vista
experience in 19847
Answer: Four
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
35. REPORT APPOINTMENT TO FILL VACANCY ON CIVIL
SERVICE COMMISSION (Director of Personnel)
The City Charter specifies the employees to submit names to the
City Council following an employee election. From the list of
names, the Council chooses an employee representative to serve on
the Civil Service Commission.
The results of the election were as follows:
Linda Gilstrap 61
Aubrey Kesterson 135
Oscar Vogel 44
MSUC (Cox/Moore) to schedule these interviews along with the other
interviews.
36. MAYOR'S REPORT
a. Mayor Cox discussed the fireworks held on July 4 at the
Bayfront area. He suggested that next year (which will be
the City's 75th Anniversary) staff look into having a free
concert prior to the fireworks.
b. Mayor Cox reported the Coastal Commission will be meeting in
August to consider the expansion of the Bayside Park and
implementation of Sand Beach. Staff should anticipate
approval and look into alternatives for the next fireworks
display. Mayor Cox suggested working with the Port District
to utilize one of the barges on the bay.
c. Mayor Cox discussed the parking problem as noted by American
Golf and asked for a report on the Halfway House. Assistant
City Manager Asmus stated that is "on hold" pending final
selection of the operator for the restaurant.
37. COUNCIL COMMENTS
a. MSUC (Malcolm/Cox) for a report back concerning the City
Clerk reading the headings of the resolutions and
ordinances. (Councilman Malcolm would like to know whether
this can be deleted in order to save some time at the
meetings.)
City Council Minutes - 24 - July 16, 1985
b. Councilman Malcolm discussed a pending lawsuit (Hobel case)
indicating he disagreed with the opinions of the City
Attorneys. He stated he went on record one and one-half
years ago that this would happen and it should not have come
as a "shock" to the Attorneys. Councilman Malcolm added the
Attorneys should respond more quickly to these potential
litigations.
c. Councilman Malcolm asked for a report from the City Manager
as to what, if any, pay incentive was given to Jerry
Foncerrada for the excellent work he did as Acting Director
of Parks and Recreation.
d. Councilwoman McCandliss stated she tried to call the Animal
Shelter during the weekend and could not get any answer. Sid
Morris, Assistant to the City Manager, stated the new
telephone system was being put in over the weekend and there
were some problems with the line.
e. Councilwoman McCandliss commented that one week after the
joint meeting held with the school districts (May 1985), she
proposed a joint committee be set up - staff never followed
through on that. She hoped the new referral system will
alleviate some of the pending problems.
f. Councilman Moore questioned whether there are any regulations
as to private property owners planting trees. Director of
Planning Krempl stated they are not permitted to plant trees
over easements.
g. Councilman Moore said he will be contacting the Navy for some
participation during the City's 75th Anniversary.
h. Councilman Moore commented the 75th Anniversary Committee is
working on commemoratives and has come up with a
three-dimensional medallion. He asked for comments from the
Councilmembers.
i. Councilman Moore reported that construction will begin in
November of this year on the Bayfront Trolley Station
j. Councilwoman McCandliss noted MTDB has approved the money for
the project.
k. MSUC (Cox/Moore) for staff to work with the developers on the
public improvements on east side of Bay Boulevard, south of
"J" Street. This would include curbst gutters, sidewalks.
The Council recessed to Closed Session at 10:15 p.m. The City
Clerk was excused and the City Manager reported the Session ended
at 10:30 p.m.
ADJOURNMENT AT 10:30 p.m. to the Council meeting of July 23, 1985
at7p.m. ~
Jenn~e M. Fulasz, CMC
~fty Clerk
WPG:0612C