HomeMy WebLinkAboutcc min 1985/10/15 pg 2 missing MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, October 15, 1985 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
PRESENT: Mayor Cox; Councilmembers Scott,
McCandliss, Malcolm, Moore
ABSENT: None
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, Assistant City Attorney Gill
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
The Pledge of Allegiance to the Flag was led by Mayor Cox followed
by a moment of silent prayer.
1. APPROVAL OF MINUTES
MSUC {McCandliss/Moore) to approve the minutes of September 26,
October l, and 3, 1985. Mayor Cox abstained on the minutes for
the meeting of October 3, 1985 due to his absence from that
meeting.
2. SPECIAL ORDERS OF THE DAY
Mrs. Doris Cox introduced the students and the Mayor presented
Certificates of Appreciation to the 18 American Field Service
students representing 15 different countries.
3. WRITTEN COMMUNICATIONS
a. REQUEST FOR POLICE PATROL AT SDG&E PARK {1450 HILLTOP DRIVE)
AND INVESTIGATION OF PEDESTRIAN HAZARD ON FIRST AVENUE
(QUINTARD TO BISHOP STREETS) Gary Hill, 745 Kingswood
Drive, Chula Vista 92011
Mr. Hill requested the City Council address problems at the
SDG&E park. Additionally, he pointed out the hazard created
by Castle Park Jr. High School students leaving school about
3 p.m. and walking en masse down First Avenue from Quintard
to Bishop Street.
The City Manager recommended this letter be referred to staff
for a report and recommendation.
{Councilman Scott left the meeting at this time, 7:22 p.m.)
MSUC (McCandliss/Malcolm) to refer this letter to staff for a
report and recommendation.
City Council Minutes - 3 - October 15, 1985
solicit support of community and business leaders in this
district on the same matter. City Manager Goss recommended
endorsement of a San Diego Veteran Multi-Memorial be 9iven,
or a letter be referred to staff for a report if additional
information is requested.
MSUC {Moore/McCandliss) to endorse the potential City support for
a County-wide memorial and usage in that particular structure.
g. REQUEST FOR CITY REVIEW OF INSURANCE REQUIREMENTS C. E.
Wischstadt, Chula Vista Live Steamers, Inc., P.O. Box 369,
Chula Vista 92012
The Chula Vista Live Steamers {CVLS) forwarded a letter to
the Council explaining their dilemma in obtaining liability
insurance. The problem stems from an accident which occurred
at the Chula Vista Founders' Day celebration on October 15,
1983 involving CVLS. It was recommended by the City Manager
that the letter be referred to staff for report, specifically
to determine if the Live Steamers still desire relief from
the additional insurance premium.
Mr. "Ace" Wischstadt, 752 Elder Avenue, Chula Vista explained
he received an apology from the insurance company stating
they had erred in information provided by the insurance
company for a one-year premium for Chula Vista Live Steamers
{CVLS). Most insurance companies categorize CVLS as an
amusement-type function in order to establish a rate for
insurance coverage. Mr. Wischstadt pointed out CVLS's annual
income is approximately $1500 per year and the insurance
premium is $1800 per year. He asked the City to review the
insurance policy in order to determine the insurance coverage.
MSUC (Moore/Malcolm) to refer this to staff for review and
incorporate the Council's thoughts on this to see if the costs can
be reduced.
h. REQUEST TO ENACT URGENCY ORDINANCE TO PROHIBIT LOT SPLITS ON
MINOT AVENUE AND REFUND OF TENTATIVE PARCEL MAP FEE
{PETITION) Residents, 100 Block, Minot Avenue, Chula Vista
92010
Councilman Scott, noting a potential conflict of interest as
he has received over $250 worth of income from a client
(relating to this item), left the dais at this time (7:25
p.m.).
Mayor Cox noted a potential conflict of interest with this
item and left the dais at this time (7:28 p.m.).
City Council Minutes 4 October 15, 1985
Residents in this area have submitted a petition urging the
City Council to enact an urgency ordinance to prohibit lot
splits on Minot Avenue until after staff has completed their
study. In addition, residents requested a refund of a $300
fee charged by the City to protest Tentative Parcel Map
85-10. City Manager Goss recommended this item be referred
to staff for a report.
Mrs. Phyllis Norris, 135 Minot Avenue, Chula Vista 92010,
referred to action taken by the Planning Commission on August
12 regarding the preparation of a study on the area from
First to Second Avenues and "D" to "E" Streets. The Planning
Commission moved that no future activity would be allowed
until completion of the study. In a letter from Planning
Director Krempl she was informed this study would not be
prepared. She noted a recent application for a property
split. Mrs. Norris requested that the $300 tentative parcel
map fee charged for an appeal on June 12 be refunded to Minot
Avenue residents as they were not notified of the public
hearing on May 22, 1985 relating to this area. She also
appealed for an ordinance which would prohibit any lot splits
until staff has completed a study and meets with residents to
discuss future needs in this area. In addition, she asked
that a time limit be placed on completion of the study and
that staff notify residents within the time limit.
In response to Mayor pro Tempore McCandliss' question,
Planning Director Krempl stated the study would include
down-zoning of the area and could be completed by the
Planning Department in 6 months. The project would not be
jeopardized if applications were processed in the meantime.
Regarding the refund, there is concern that property owners
were not notified of the creation of Las Flores Drive
assessment district at which their protests and concerns
could be expressed. However, the assessment district has not
been created in the area, and the City only proceeded with
awarding a contract for a capital improvements project,
including calling up deferrals adjacent to that project.
Preliminarily, it does not appear that the appeal of the
tentative parcel map relates to any recent action taken by
the City Council in this area. Mr. Krempl noted that proper
notification relative to the assessment district was made to
appropriate property owners.
Discussion followed concerning the potential widening of
Minot Avenue, the recently annexed portion of North Second
Avenue, and the need for a moratorium in the area.
Mayor pro Tempore McCandliss requested the Council be
apprised whenever additional applications for lot splits are
filed in this area.
City Council Minutes - 5 - October 15, 1985
MS (Malcolm/Moore) to refer this to staff with a report back at
their earliest possible convenience.
Discussion followed regarding the six-month timeframe to
perform the complete study. It was noted staff should come
back with a report regarding this timeframe in a couple of
weeks (November 5).
The motion to refer to staff passed. (Mayor Cox and
Counc~man Scott abstained.)
At this time Mrs. Doris Cox introduced two additional American
Field Service Students.
Mayor Cox and Councilman Scott returned to the dais at 7:30 p.m.
PUBLIC HEARINGS AND RELATED RESOLUTIONS & ORDINANCES
4. PUBLIC HEARING APPEAL OF PLANNING COMMISSION APPROVAL OF
CONDITIONAL USE PERMIT ON PCC-85-23;
REQUEST TO LOCATE A THRIFT STORE AT 345
"E" STREET AMVETS SERVICE FOUNDATION
(Director of Planning)
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
On August 14, 1985, the Planning Commission approved a Conditional
Use Permit for the location of an AMVETS thrift store selling
primarily used merchandise in an existing commercial building at
345 "E" Street in the C-T zone. The City Council is appealing
this decision.
The Planning Commission, on August 14, 1985, adopted the Negative
Declaration issued on IS-85-23 and approved the project.
Planning Director Krempl described the location of the proposed
project as depicted on slides. Staff's recommendation is that
Council reverse the decision and deny the request. Mr. Krempl
noted letters in opposition to this project from various
individuals, including the Chamber of Commerce, the Downtown
Committee, and the Community Development Director.
Most of the concerns of staff related to the possibility of
spillover parking if adequate parking is not provided for the
project. Additionally, the image downtown might be negatively
affected if this use is allowed. Second-hand sales in the
redevelopment area are prohibited and this use could encourage
similar or related uses in the surrounding area that may be
permitted as a matter of "right."
City Council Minutes 6 October 15, 1985
Mr. Bud Gray, 8324 Allison Avenue, La Mesa 92041, representing
George Burnett/AMVETS, pointed out the C-T zone requires a
Conditional Use Permit for the sale of used clothing and this is
the only element of a thrift store that requires a Conditional Use
Permit. He noted the difficulty in marketing this property.
Regarding the negative environmental impact this use might have in
the area, Mr. Gray cited similar uses located in other areas of
the County.
Mr. Stan Gerson, 8504 Commerce Avenue, San Diego 92121,
representing AMVETS expressed his concern about the impact this
use would have on nearby uses. Major chains contacted for use of
this property have shown no interest in locating here. He pointed
out that Broadway seems to be conducive to chains, with 46 on this
street and ll chains on Third Avenue. AMVETS has a history of
attracting customers to its locations, but the building does not
create additional traffic.
Mr. Jeff Hill, 608 East Thompson, Ventura 93001, representing M&M
Management Company, described the various AMVETS stores located in
Fresno, Fulton Mall, Oceanside, Vallejo, as depicted in his slide
presentation. Mr. Hill read a letter addressed to the City
Council from Mr. Tom Van Nortch, Executive Director, City of
Fresno, commenting on the AMVETS thrift store located in that City.
Discussion followed concerning the appearance of window displays
in this type of store.
The following individuals spoke in opposition to the AMVETS thrift
store: Mr. Niek Slijk, Chula Vista Chamber of Commerce; Mr.
Donald Rolstad, representing the Paul Miller Company, 350 "E"
Street; and Mr. Don Ritchey, 92 "F" Street. Their concerns
included the negative impact on the City's image, parking
problems, and the precedence this type of use would set if
approved by the Council.
In support of locating a thrift store in the area was Mr. I. W.
Taylor, 5383 Beaumont Avenue, La Jolla 92037. He suggested that
the City could use a good strong tenant in this area.
Mr. Bud Gray declared this property is located outside the
redevelopment district and thrift shops are permitted as
conditional use businesses. The only change to the existing
building would be the signage which would be submitted to the
Design Review Committee for their recommendation and approval.
Seventeen parking spaces are required and in this particular case,
there are 14 on-site parking spaces with 7 spaces adjacent to the
front of the store.
There being no further testimony either for or against, the public
hearing was declared closed.
City Council Minutes 7 October 15, 1985
In response to Mayor Cox's question, Planning Director Krempl
explained the parking requirement as stipulated in the City
Ordinance is 25 spaces for a furniture store.
Mayor Cox remarked it was difficult for him to support the request
for a Conditional Use Permit as he would prefer to see another
type of retail use at that site. He noted that AMVETS is a
preferred operator with an excellent reputation which would be a
good neighbor on "E" Street. If there is action to support that
operation, he would not have a concern with an adverse appearance;
however, a determination on the signage requirements (i.e.
prohibiting paper banners on the windows) should be made prior to
any approval.
Councilman Scott suggested it would be detrimental to the City to
allow the proposed use on "E" Street since it is one of the main
entrances to Third Avenue and parking problems would add to this
detriment.
Councilman Malcolm commented that the building should not sit
vacant and because the business sells second-hand goods, this
should not preclude its locating on "E" Street.
MS (Malcolm/Cox) to direct staff to bring back a resolution
supporting the Conditional Use Permit for AMVETS.
Councilwoman McCandliss supported denial of the request for a
thrift store and encouraged the opportunity for another acceptable
use at this location.
The motion failed, by the following vote:
AYES: Cox, Malcolm
NOES: Scott, McCandliss, Moore
ABSENT: None
MSC (McCandliss/Scott) to bring back a resolution granting the
appeal. (Cox and Malcolm opposed.)
Mayor Cox pointed out Council's action is not an adverse reaction
to having AMVETS locating in the community, but the concern is
with the specific location. He suggested staff work with the
property owner to see if other users of that site could be
attracted.
The Council meeting recessed at 8:49 p.m. and reconvened at 8:52
p.m.
City Council Minutes - 8 - October 15, 1985
5. PUBLIC HEARING PCS-85-1 CONSIDERATION OF TENTATIVE
SUBDIVISION MAP FOR EASTLAKE AREA R-13
(VILLA MARTINIQUE) - Chula Vista Tract
86-1 BARRATT SAN DIEGO (Director of
Planning)
a. RESOLUTION 12197 APPROVING TENTATIVE SUBDIVISION MAP OF
EASTLAKE AREA 13 (VILLA MARTINIQUE), CHULA
VISTA TRACT 86-1
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
The applicant has submitted a tentative subdivision map known as
EastLake Area R-13 IVilla Martinique) Chula Vista Tract 86-1, in
order to develop a 25-1ot condominium project consisting of 232
units on 11.48 acres within the EastLake Shores Area of the
EastLake Planned Community.
On September ll, 1985, the Planning Commission, by a vote of 6-0
with one absent, took the following actions:
1. Certified that EIR-81-3 and EIR-84-1 have been prepared
in accordance with the California Environmental Quality
Act (CEQA) and that the information contained in each
EIR had been reviewed prior to making a decision on the
project.
2. Recommended that Council adopt a resolution approvin9
the tentative subdivision map for EastLake Area R-13,
Chula Vista Tract 86-1, in accordance with Planning
Commission Resolution PCS-86-1.
Planning Director Krempl indicated the applicant has met all staff
conditions and recommended concurrence with the recommendations of
the Planning Commission.
Mr. Jim Devlin, 3615 Kearney Villa Road, San Diego 92123,
representing Barratt San Diego, requested Council concurrence of
staff's recommendation on the project.
There being no further testimony for or against, the public
hearing was declared closed.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
City Council Minutes - 9 - October 15, 1985
6. PUBLIC HEARING CONSIDERATION OF REVISION TO COUNCIL
ACTION OF DEFERRAL OF UNDERGROUNDING FOR
LA QUINTA MOTOR INN IDirector of Public
Works/City Engineer)
a. RESOLUTION 12198 DEFERRING THE REQUIREMENT TO UNDERGROUND A
PORTION OF THE OVERHEAD UTILITIES ON LA
QUINTA MOTOR INN SITE AT 150 BONITA ROAD
This being the time and place as advertised, the Mayor declared
the public hearing open.
On August 20, 1985, the Council denied a request by La Quinta
Motor Inns to defer the requirement to underground the overhead
utilities at its motel site at 150 Bonita Road. La Quinta's
engineer, Mr. Frank Phillips, acting as their agent requested that
the City defer the requirement to remove and relocate the existing
utility pole at the most easterly side of the property. According
to the City Code, the Council must consider this matter at a
public hearing.
City Engineer/Director of Public Works Lippitt described the
proposed project as depicted on overhead slides.
Mr. Frank Phillips, 71 North Fourth Avenue, Chula Vista 92010,
submitted that the project will be in the best interest of the
City and the developer. Completion date for this project is
scheduled to be 180 days from commencement of construction (july
1985).
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
7. ORAL COMMUNICATIONS
Mr. Tom Davis, 1657 Gotham Steet, Chula Vista 92010, referred to
a letter previously submitted to the City Council relative to
traffic on Gotham Street. He expressed concern that the matter
was referred to the Safety Commission and has been deferred
several times since the Commission has been unable to meet. He
requested the Council consider a number of concerns relating to
the traffic situation including completion of Rutgers Avenue and
enactment of an Ordinance to restrict campers (RV's) on Chula
Vista streets. Because of the continued high volume traffic on
Gotham Street Mr. Davis requested the Council take action to place
temporary "stop" signs at all "T" intersections in the area.
(Specifically, three-way signs at Wayne & Gotham, Vassar & Gotham,
and Cornell & Gotham.)
City Council Minutes - lO October 15, 1985
Mayor Cox noted that "H" Street in front of Bonita High School
will be opened tomorrow afternoon (October 16). He requested
further information from staff relative to the Rutgers Avenue
completion. In response, Director Lippitt explained EastLake
.states the road can be paved within 3 to 4 months. Director
Lippitt explained the Safety Commission has been unable to meet
due to lack of quorums and two existing vacancies.
MSUC (Cox/McCandliss) to refer this request (stop signs) to staff
for a report in three weeks (November 5).
Ms. Catherine Hibbard, 1651 Gotham Street, Chula Vista 92010,
expressed concern that College Estates has been forgotten and much
more energy is going towards the revitalization of downtown. She
spoke on behalf of neighbors in College Estates who were in favor
of dead-ending Rutgers as the traffic is extremely dangerous due
to the poor visibility on the street.
(COUNCIL COMMENTS)
1. Councilman Malcolm requested that this evening's Council
meeting be adjourned to Thursday, October 17 in order to
discuss an item in Closed Session.
2. Councilman Malcolm expressed concern that the Sweetwater
Planning Group voted to condemn Goshell Development Company
for improvements done in Bonita. He cited the outstanding
efforts of Gosnell in developing something the community can
be proud of.
Councilman Malcolm left the meeting at this time, 9:28 p.mo, due
to illness.
PRESENTATION BY SWEETWATER UNION HIGH SCHOOL DISTRICT -
Anthony J. Trujillo, Superintendent, Sweetwater Union High
School District, 1130 Fifth Avenue, Chula Vista 92011
a. REPORT SCHOOL DEVELOPMENT FEES (City Manager)
The City Council, at its October 1, 1985 meeting took action to
have a resolution brought back on October 15, 1985 indicating the
Council would no longer collect the increased school fees Ifor the
High School District only) and to invite Superintendent Trujillo
to make a presentation to the City Council prior to consideration
of that resolution at the conclusion of public hearings.
City Manager Goss recommended the resolution establishing a policy
not to withhold the issuance of building permits based on school
fees established after October l, 1985 be filed, and instead a
resolution be adopted directing staff to employ a consultant and
to prepare the necessary ordinances to implement a school
mitigation impact fee. Cost for consultant services should be
under $2,500.
City Council Minutes ll - October 15, 1985
Mr. Anthony Trujillo, Superintendent, Sweetwater Union High School
District, pointed out the district is in agreement with the
Council in that development fees are not the solution to the
housing of school children, but there is a need to find a solution
for funding. He suggested school housing should be addressed by
State legislators.
Mr. Trujillo reported that because of recent Board action all
cities should be equitably directed to collect developer fees and
the Board will pursue this. The school district is now in a
position to collect fees from the City of San Diego and meetings
are being scheduled with other cities.
Further discussion by the Superintendent involved the report to be
brought back by the school facilities task force; implementation
of school fees for Phases II, III, and IV; Council's concern
regarding the October 1 developer fee increase; the State's
responsibility in enacting legislation regarding school funding.
In response to Councilman Scott's question, Mr. David Perry,
Assistant Superintendent of Schools, Sweetwater Union High School
District, explained all expenditures to date for the temporary
classrooms have come under the category of "temporary facilities."
Councilman Scott expressed his concern with the lack of
communication and respect from the school district. He explained
that no consideration for the City Council's concerns was shown.
The Council's request that the developer fee increase not be acted
on until after the task force report was completed was virtually
ignored. In response, Mr. Trujillo pledged, in the future, to
work with all public entities.
Councilman Moore discussed the efforts of the various
sub-committees relating to school districts and he noted the
difficulty of the Task Force to complete its report until the
steering committee has time to review the reports.
Assistant Superintendent Perry explained the school district
projects to build new schools in 3-5 years. However, each time a
temporary facility is needed, construction of a permanent facility
is delayed. He added if the State provided additional funding,
developer fees could be in the range of $1500-$2000 for permanent
facilities.
Further discussion involved justifying a developer fee instead of
a tax. Councilman Scott suggested that the wrong people were
being assessed these fees and the burden should not be placed on
new home owners°
MS (Scott/McCandliss) to hold over until Thursday, October 17,
(following the Redevelopment Agency Meeting) and discuss various
alternatives in Closed Session.
City Council Minutes 12 - October 15, 1985
Mr. Nick Aguilar, 3776 Stockman Street, National City 92050,
responded to the need for mutual cooperation by all entities
involved in this issue. He urged both agencies to join together
and work on a long-range solution, as well as make the State more
responsive to the needs of the local problems.
Mr. Don Lindberg, Attorney at Law, 4201 Bonita Road, Bonita
92002, requested that the meeting Thursday afternoon be open in
order to have input from the developers. He noted with the recent
School District action, developer fees in Chula Vista are now up
to $4900 compared to $2200 in Vista and $2600 in Poway, which are
the two highest fee districts in the County.
Assistant City Attorney Gill stated that the Closed Session has
been requested for the City Attorney to offer advice. Adoption of
the resolution on this item would be in open session.
The motion to continue the item passed unanimously.
CONSENT CALENDAR (10 20)
8. REPORT CONSIDERATION OF THE PROPOSED "BONITA
OPTIMIST REORGANIZATION"
a. RESOLUTION 12199 ORDERING THE PROPOSED "BONITA OPTIMIST
REORGANIZATION" INVOLVING ANNEXATION TO
THE CITY OF CHULA VISTA AND CONCURRENT
DETACHMENTS FROM THE BONITA-SUNNYSIDE FIRE
PROTECTION DISTRICT AND SAN DIEGO COUNTY
FLOOD CONTROL-ZONE 3
On November 20, 1984, the City Council adopted a resolution to
initiate application for the "Bonita Optimist Reorganization."
This resolution involves the annexation of approximately 16 acres
of uninhabited recently acquired City-owned territory to the City
of Chula Vista and the concurrent detachments from the
Bonita-Sunnyside Fire Protection District and the San Diego County
Flood Control-Zone 3.
The application for the subject reorganization proposal was filed
with LAFCO on November 27, 1984. On September 9, 1985, the Local
Agency Formation Commission adopted a resolution approving the
reorganization.
9. REPORT CONSIDERATION OF THE PROPOSED "BONITA
ROAD/PLAZA BONITA ROAD REORGANIZATION"
ao RESOLUTION 12200 ORDERING THE "BONITA ROAD/PLAZA BONITA
ROAD REORGANIZATION" INVOLVING ANNEXATION
TO THE CITY OF CHULA VISTA AND CONCURRENT
DETACHMENTS FROM THE BONITA-SUNNYSIDE FIRE
PROTECTION DISTRICT AND SAN DIEGO COUNTY
FLOOD CONTROL-ZONE 3
City Council Minutes 13 - October 15, 1985
On November 13, 1984, the City Council by resolution initiated the
"Bonita Road/Plaza Bonita Road Reorganization" involving the
annexation of approximately 4.2 acres of vacant uninhabited
territory to the City of Chula Vista and the concurrent
detachments from the Bonita-Sunnyside Fire Protection District and
San Diego County Flood Control-Zone 3. The application for the
proposed reorganization proposal was filed with LAFCO on November
15, 1984. On September 9, 1985, the Local Agency Formation
Commission approved the proposed reorganization.
Since the property is owned by the County of San Diego, there are
no tax revenues received; however, if sold to private interests
the territory will be required to participate in the retirement of
the 1970 Chula Vista Police Facility Bonds. The traffic signals
will continue to be maintained by the County of San Diego;
however, the City of Chula Vista will be required to pay
one-fourth of the energy and maintenance costs which may be
approximately $1000 to $1200 annually.
RESOLUTIONS OFFERED BY COUNCILMAN SCOTT, the reading of the texts
was waived by unanimous consent, passed and approved unanimously.
IItems 10, 16, 18, and 19 pulled.)
MSUC (Cox/McCandliss) to approve the Consent Calendar.
lO. RESOLUTION APPROVING THE RELOCATION OF AN EXISTING
CARDROOM FROM 11 THIRD AVENUE TO 631 "H"
STREET VEGAS CLUB, INC. (Director of
Planning)
IPulled from Consent Calendar.)
11. RESOLUTION 12201 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND GREENBRIER ASSOCIATES,
LTD., TO GUARANTEE ON-SITE IMPROVEMENTS IN
CONJUNCTION WITH TELEGRAPH CANYON CREEK
CHANNEL (Director of Planning)
The applicant is in the process of completing a 99-unit
residential apartment at 574 Moss Street with Final Inspection
pending. The parking lot near the north property line has been
modified to provide a temporary berm and eliminate landscaping in
the area until a later date. The City has requested that the
applicant provide the City with a guarantee that the area will be
constructed in accordance with City Standards at some future
date. The draft agreement has been reviewed and accepted by the
City Attorney's office.
12a. RESOLUTION 12202 ACCEPTING GRANT OF EASEMENT FOR STREET
PURPOSES ON EAST "H" STREET EAST OF OTAY
LAKES ROAD (Director of Public Works/City
Engineer)
City Council Minutes - 14 October 15, 1985
b. RESOLUTION 12203 ACCEPTING GRANT OF EASEMENT FOR SLOPE
RIGHTS ON EAST "H" STREET BETWEEN AUBURN
AVENUE AND RUTGERS AVENUE
On April 16, 1985, the City Council approved the Final Map for
Chula Vista Tract No. 81-4, Bonita Long Canyon Estates Unit 1
Subdivision, located at the northwest quadrant of East "H" Street
and Corral Canyon Road°
13. RESOLUTION 12204 APPROVING AGREEMENT AMENDING THE
SUBDIVISION IMPROVEMENT AGREEMENT FOR
CHULA VISTA TRACT 81-4, BONITA LONG CANYON
ESTATES, BY RELIEVING McMILLIN DEVELOPMENT
COMPANY FROM LIABILITY RESULTING FROM THE
USE OF PORTIONS OF OTAY LAKES ROAD AND
EAST "H" STREET BY THE PUBLIC, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Director of Public Works/City
Engineer)
On April 16, 1985, the Final Map and Subdivision Improvement
Agreement for Bonita Long Canyon Estates Unit 1, located at the
northwest quadrant of East "H" Street and Corral Canyon Road, was
approved by the City Council. An amended Subdivision Improvement
Agreement is now before the City Council for approval.
14. RESOLUTION 12205 ACCEPTING BIDS AND AWARDING CONTRACT FOR
REPLACEMENT AND RE-ENERGIZING STREET
LIGHTS CITY-WIDE, PHASE IV {FINAL PHASE)
{Director of Public Works/City Engineer)
The City Council recently approved the re-energizing of
approximately 400 street lights located throughout the City which
were turned out in conjunction with Proposition 13. Funding to
initially repair inoperative lights, replace missing lights and
convert from mercury vapor to high pressure sodium is provided in
the 85-86 CIP.
The required materials for start-up have been purchased by the
City and will be delivered within the next few weeks. The
installation of these materials will be done under this
construction contract.
Approximately $50,000 from Gas Tax Funds will be initially spent
to re-energize the street lighting. The annual operating cost is
estimated to be $38,000 per year and is included in the
department's annual operating budget. It was recommended that
Council accept bids and award contract to the low bidder, MACO
Services, for $5,935.
City Council Minutes 15 October 15, 1985
15. RESOLUTION 12206 APPROVING AGREEMENT WITH THE COUNTY OF SAN
DIEGO FOR TRAFFIC SIGNAL INSTALLATION AT
THE INTERSECTION OF BROADWAY/MOSS STREET
AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT (Director of Public Works/City
Engineer)
The intersection of Broadway/Moss Street lies partly within the
City and partly within the County. The intersection has been
studied by both agencies and it has been determined that a traffic
signal shall be installed. This agreement sets out the terms for
design, construction, funding and maintenance of the traffic
signal.
The City's share of the project is estimated at $45,000. Funds
are available ($53,000) in the Capital Improvement Fund. Annual
energy and maintenance cost to the City is estimated at $1,800 per
year and would be included in the department's annual operating
budget.
16. RESOLUTION DECLARING MOBILEHOMES TO BE REAL PROPERTY
EXCLUSIVELY FOR THE PURPOSES OF COMMUNITY
DEVELOPMENT BLOCK GRANT-FUNDED MOBILEHOME
REHABILITATION AND REPLACEMENT ICommunity
Development Director)
(Pulled from Consent Calendar.)
17. RESOLUTION 12207 APPROVING THAT CERTAIN MEMORANDUM OF
UNDERSTANDING CONCERNING WAGES AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN
THE CITY OF CHULA VISTA AND THE CHULA
VISTA EMPLOYEES ASSOCIATION FOR FISCAL
YEAR 1985-86 (Director of Personnel)
The City's negotiating team has concluded a Memorandum of
Understanding (MOU) with the Chula Vista Employees Association
(CVEA) which has been ratified by their membership. The MOU with
CVEA for 1985/86 includes a 5% salary increase effective July 5,
1985. Effective the first pay period beginning January, 1986,
represented employees will receive an additional 1% salary
increase. In addition, special adjustments will be awarded to the
following classifications: Engineering Aide, 6%; Electronics
Technician and Senior Electronics Technician, 10%; Programmer
Analyst, 9.7%; Police Information Systems Specialist, 3%.
The total additional annual cost for the compensation package is
$357,336.00 which falls within the established guidelines.
City Council Minutes 16 - October 15, 1985
18. RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR
OFFSET DUPLICATING SYSTEM (Director of
Finance)
(Pulled from Consent Calendar.)
19. REPORT REGARDING METERED PARKING NEAR HANDICAPPED
ACCESS IN FRONT OF SOUTH BAY AMBULATORY
SURGERY CENTER AT 251 LANDIS STREET
(Director of Finance)
(Pulled from Consent Calendar.)
20. REPORT MANAGEMENT REVIEW OF POLICE AND FIRE
SERVICES (Director of Management Services)
At the Council Conference on September 26, staff from the Policy
Analysis and Program Evaluation Division (PAPE) reviewed the
findings and recommendations contained in the Management Review of
Police and Fire services. Upon conclusion of the staff
presentation, Council took the following action:
1. Approved in concept the fire station network master plan
presented in the report and directed staff to report
back to the Council on specific fire station sites as
well as the financing and timing of proposed station
changes.
2. Authorized the City Manager: Ca) to provide 6 months
notice to the Bonita-Sunnyside Fire District that the
current contract for fire coverage will be terminated
effective June 30, 1986; and (b) to enter into
negotiations to expand the City's automatic aid
agreement with the District.
3. Directed staff to bring back a resolution amending the
FY 1985-86 budget to add two Peace Officer positions for
the Police Department's Uniform Division and
appropriating necessary funds. Said resolution was
subsequently adopted by the Council at its October 1
meeting.
4. Directed staff to place the PAPE report on the agenda
for the October 15 Council meeting for further
consideration of the recommendations regarding Police
and Fire consolidation and other administrative
recommendations contained in the PAPE report.
It was recommended that Council determine further consolidation of
the City's Police and Fire services is NOT warranted, and accept
in concept the other administrative recommendations contained in
the report.
END OF CONSENT CALENDAR
City Council Minutes 17 October 15, 1985
lO. RESOLUTION APPROVING THE RELOCATION OF AN EXISTING
CARDROOM FROM ll THIRD AVENUE TO 631 "H"
STREET VEGAS CLUB, INC. (Director of
Planning)
On October l, 1985, at a public hearing, the City Council
indicated that a resolution, approving the Vegas Card Room
relocation, be brought back at a subsequent meeting. Conditions
on the cardroom phasing {as to whether all six tables would be
immediately authorized) and the appropriate time frame to be
referenced with the Conditional Use Permit were to be addressed.
It was moved by Councilman Scott to hold over this item until next
week. The motion died for lack of a second.
Mr. Robert Vicars, ll Third Avenue, Chula Vista, representing
Vegas Club, Inc., commented that Option 1 only permits existing
businesses to operate in the same manner with three cardroom
tables. Option 2 permits the operator to operate six cardroom
tables provided C&R Clothiers remains in its present location. He
emphasized the entire problem involves parking and several parking
surveys indicated that as long as C&R Clothiers remains, there
will be no parking congestion. Therefore, he requested Option #2
be approved by the Council.
Councilman Scott suggested that before any action is taken by the
Council, an in-house parking survey should be performed.
MS (Moore/Cox) to approve Option #2 and resolution on condition
that the parking survey taken by staff is substantiated as
presented and upon verification be approved automatically.
Assistant City Attorney Gill stated modification of the resolution
could be performed verbally this evening and suggested that
modification be labeled as condition #3.
Councilman Moore clarified the condition for a parking survey
should be performed by staff and when that fits the present study
as directed by the Manager, that is sufficient. Assistant City
Attorney Gill advised the survey be done prior to the applicant's
ability to use the facility.
Mr. Vicars requested that a time certain date be established for
completion of the survey so that he could proceed with his
project. In response, Planning Director Krempl indicated the
study could be completed by November 1, 1985.
Mayor Cox requested that further discussion on this item be
trailed until the City Attorney could prepare language suitable
for a proposed resolution that the Council could take action on
this evening.
City Council Minutes 18 - October 15, 1985
16. RESOLUTION 12209 DECLARING MOBILEHOMES TO BE REAL PROPERTY
EXCLUSIVELY FOR THE PURPOSES OF COMMUNITY
DEVELOPMENT BLOCK GRANT-FUNDED MOBILEHOME
REHABILITATION AND REPLACEMENT (Community
Development Director)
The City Community Housing Improvement Program (CHIP) has been
providing HUD-funded housing rehabilitation assistance to
mobilehomes through loans and grants since 1979. That program was
a pioneer effort and received HUD approval prior to its
operation. The City recently received a monitoring report from
HUD questioning the eligibility of this activity. The response to
HUD's concern is the proposed resolution.
The CHIP Program expends approximately $50,000 annually on
mobilehome assistance.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
18. RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR
OFFSET DUPLICATING SYSTEM (Director of
Finance)
Bids were received on September 16, 1985 for the purchase of one
fully automated offset duplicating system. The FY 85-86 bud9et
provides for the replacement of the duplicating system presently
in the print shop.
The Multigraphics system cost of $46,461.40 is within the 1985-86
budgeted amount of $52,000.
Mr. Michael Duncan, AB Dick Company, 2069 Morena Blvd., San Die9o
92110, challenged the recommended bid award to Addressograph
Multigraphics System stating that the equipment offered by both
companies are basically equal in concept and quality and the
City's bid specifications appeared to be written exactly as
published in a Multigraphics brochure. Mr. Duncan commented that
several falsehoods were suggested regarding his product, including
constant changing of the lamps on his machine and daily cleaning
of this equipment.
MS IScott/Moore) refer to staff for additional evaluation and give
AB Dick a chance to respond to the concerns of staff.
Mayor Cox asked that included in the motion to allow staff to
respond should be an evaluation of maintenance policies.
City Council Minutes - 19 October 15, 1985
Assistant City Attorney Gill clarified that the motion should
include all bidders in order to give them the opportunity to
respond to Council's questions.
The motion to refer this item to staff passed unanimously.
lO. RESOLUTION APPROVING RELOCATION OF AN EXISTING
CARDROOM FROM 11 THIRD AVENUE TO 631 "H"
STREET - VEGAS CLUB, INC. (Director of
Planning)
Assistant City Attorney Gill read a proposed condition #3 to the
resolution relating to verification of parking prior to occupany
of the site.
SUBSTITUTE MOTION
MSC (Moore/Cox) to amend the resolution. ICouncilman Scott
opposed.)
RESOLUTION OFFERED BY MAYOR COX, as amended (alternate #2), the
reading of the text was waived by unanimous consent.
The motion failed by the following vote:
AYES: Cox, Moore
NOES: Scott, McCandliss
ABSENT: Malcolm
MSC (Cox/McCandliss) to continue this item to Thursday, October
17, following the Redevelopment Agency meeting. (Councilman Scott
opposed.)
19. REPORT REGARDING METERED PARKING NEAR HANDICAPPED
ACCESS IN FRONT OF SOUTH BAY AMBULATORY
SURGERY CENTER AT 251 LANDIS STREET
IDirector of Finance)
Director of Finance Christopher reported at the Council meeting of
July 16, 1985, the City Council requested that staff evaluate
existing metered parking in front of the handicapped access to the
surgery center at 251 Landis Street to determine whether the
subject metered parking impedes access by the handicapped to the
surgery center. This referral was in response to a letter from
Dr. Charles Umansky of the surgery center requesting that the
parking meter directly in front of the center be removed and that
a passenger loading zone be established. Removal of the two
parking meters would result in the loss of approximately $200
revenue annually to the parking meter fund.
City Council Minutes - 20 October 15, 1985
Councilman Moore questioned the design of the parking area - that
it was designed for people with special needs. He suggested this
building is being utilized in a personal way instead of for
professional purposes.
MSC (Cox/Moore) to accept the report (Councilman Scott opposed).
RESOLUTIONS & ORDINANCES, FIRST READING
21. RESOLUTION 12210 APPROPRIATING FUNDS TO PURCHASE
SUPPLEMENTAL SECURE BICYCLE STORAGE
FACILITIES FOR THE PALOMAR STREET AND "H"
STREET TROLLEY STATIONS (Director of
Public Works/City Engineer)
On May 7, 1985, Council approved a claim of $5,000 from the FY
1985-86 2% Non-Motorized Transportation Development Act (TDA) Fund
to be passed through to CalTrans for the purchase of lO bicycle
lockers to be installed at the Palomar Street and "H" Street
trolley stations. The claim was submitted to SANDAG's Bicycle
Facilities Committee which approved $5,106.
The cost to purchase and install the bicycle lockers is estimated
to be $5,106. Full funding has been allocated by the SANDAG Board
of Directors from FY 1985-86 TDA funds.
Mr. Manny DiMitri, representing CalTrans, informed the Council it
was discovered that funds for the storage facilities could not go
directly through CalTrans -- rather they must go through the City
and County.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
22. REPORT REQUEST FOR CITY COUNCIL TO HEAR GRIEVANCE
FIRE DEPARTMENT (Director of Personnel)
Captain Byrum and the International Association of Firefighters
Local 2180 have filed a grievance regarding the promotional
examination for the position of Fire Marshal. The grievance has
proceeded through the various steps of the City's Grievance
Procedure and is now at the final stage.
It is recommended that the City Council refer this grievance to
the Civil Service Commission.
MSUC (Cox/Scott) to accept the staff recommendation.
City Council Minutes - 21 October 15, 1985
23. REPORT OF THE CITY MANAGER
a. MSUC (Scott/McCandliss) to hold a Closed Session (after the
close of the business meeting) for purposes of "meet and
confer" discussion.
b. City Manager Goss clarified the City Council will not be
meeting on the fifth Tuesday of this month (October 29). The
next regular meeting will be held on Tuesday, November 5, at
4:00 p.m. and at this time one public hearing has been
scheduled.
24. MAYOR'S REPORT
a. Mayor Cox announced the selection of Ollie Braden and Lavern
Decker to the Safety Commission and Thomas Mitchell and
Gregory Rowe to the Resource Conservation Commission.
MSUC (McCandliss/Scott) to ratify the appointments to the Safety
Commission and Resource Conservation Commission.
b. Mayor Cox questioned why a letter from Donald Baker
concerning the intersection at East "H" Street and Paseo del
Rey did not appear under "WRITTEN COMMUNICATIONS." City
Manager Goss explained the original correspondence was
addressed to the Traffic Engineer with a copy to the
Council. The Mayor requested any follow-up correspondence be
forwarded to the Council
c. The Mayor reported at the League of California Cities meeting
the City submitted one resolution dealing with density bonus
which was disapproved by the Policy Committee. That
recommendation was later changed to have it referred to the
Policy Committee on Housing, Community & Economic Development
which was later ratified by the Resolutions Committee.
d. The City's consultant in Sacramento, Norbert Dall, has
drafted a resolution concerning $150 million of additional
revenue coming in from offshore gas and oil leases. This
will be made available to the State of California. The
resolution suggests that half of these funds should be made
available to the Coastal Conservancy to provide grants for
urban waterfront development.
e. Mayor Cox mentioned that during the League of California
Cities Conference Councilman Moore, Norbert Dall, and he
viewed the nature center in Audubon Bay located adjacent to
condominiums. He also viewed nature centers sites at the
South end of San Francisco Bay, E1 Viso, Fremont, and the
Monterey Bay Aquarium. The E1 Viso project was a facility
City Council Minutes - 22 October 15, 1985
that was actually designed and implemented by the U.S. Fish
and Wildlife Service. This particular project was located on
a sanitary landfill surrounded by electrical lines. The
only access road to the site consisted of two lanes with
wetlands immediately adjacent on either side of it.
Additionaly, a permit was issued by the U.S. Army Corps of
Engineers. Staff is attempting to investigate the lack of
comparison of this facility by the environmental agencies to
the proposed facility on Gunpowder Point in Chula Vista.
f. Mayor Cox discussed the renovation of the northern end of the
City Hall building. He suggested a possible display in the
reception area that would depict the history of the City of
Chula Vista (i.e. Business Salutes Chula Vista, Founders Day
memorabilia).
MSUC IScott/Moore) to set up a two-member sub-committee to review
alternatives for a display and other furnishings that could be
considered by the Council.
The Mayor suggested that Councilman Moore and he would be on this
committee.
25. COUNCIL COMMENTS
a. Councilman Scott commented on the improved condition of the
Otay Industrial Park.
b. Councilwoman McCandliss noted that a number of homes in the
Bonita Ridge Estates and subdivisions off Fallbrook Court are
experiencing large concrete slab cracks.
MSUC (McCandliss/Scott) to refer to staff the question of this
particular area and the problem of cracked slabs to see if there
isn't some lesson to be learned or some protection possibly for
other developments eastward that use the same type of fill as the
other two developments.
c. Councilman Moore requested an update on the status of the
joint traffic study involving Sweetwater Road to East "H"
Street. Director Lippitt explained the study could be
performed as soon as a consultant is selected after Request
for Proposals are sent out. The City of National City and
CalTrans have been contacted regarding this effort. The City
of Chula Vista has appropriated $40,000 and the County
appropriated $35,000.
Councilman Scott left the meeting at this time, 11:20 p.m.
d. Councilman Moore noted that the League of California Cities
dinner is Thursday, October 17.
City Council Minutes 23 - October 15, 1985
e. Councilman Moore discussed the Otay Valley Road Project Area
Committee's concern regarding on-street parking. He
requested a follow-up report regarding the installation of
"NO PARKING" signs in this area.
Councilman Scott returned at this time, 11:24 p.m.
In response to Councilman Moore's concerns, City Manager Goss
explained that the Council referred the truck parking
situation~ to the Engineering Department for further research.
The meeting recessed to Closed Session at 11:25 p.m. The Deputy
City Clerk was excused and the City Manager reported Closed
Session ended at 11:55 p.m. to Thursday, October 17, 1985
(following the Redevelopment Agency meeting) and the regular
meeting of Tuesday, October 22, 1985 at 7:00 p.m.
C1 erk S~ ~m
Deputy City Clerk
0661C/ak
STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER
COUNTY OF S~q DIEGO ) ss OF ADJOU~N[~NT OF _MEETING
CITY OF CHULA VISTA )
I, Adele A. Sarmiento,}being first duly sworn depose and sayl:
Deputy
That I am the duly chosen, qualified and acting/CIty Clerk of the
City Council of the City of Chula Vista;
That the reqular meeting of the Council of the City of
Chula Vista was held TuesdaV, October 15, 1985,
and said meeting was adjourned to the time and place specified in
the order of adjournment ATTACHED HERETO:
That on Wednesday, October 16, 1985, at ~he hour of 3 p.m.
I posted a copy of said order at a conspicuous place on or near
the door of the place at which said me~ting of October 15, 1985,
was held.
Adele A. Sarmiento, Deputy City Clerk
Subscribed and sworn to before me this
day of
~'d State of California
MINUTES OF AN ADJOURNED REGULAR ~ETING
OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA
Held Tuesday, October 15, 1985
The City Council met in the Council Chambers at the City Hall,
276 Fourth Avenue on the above date at 7:00 p.m. with the
following:
Councilmen present: Scott, McCandliss, Cox, Malcolm, Moore
Councilmen absent: None
* * , , * , * , *
ADJOURNMENT
The Mayor adjourned the meeting until Thu~sd y ctober 17
following the Redevelopment Agency meeting scheduled to begln1985'
at 4:00 p.m. in the 1Conference Room, City Hall,
276 Fourth Avenue, Chula Vista, California.
I, Adele A. Sarmiento, Deputy CityClerk the City of Chula Vista, DO HEREBY
CERTIFY that this is a full, true and correct copy of an order by the
City Council at the meeting of October 15., 1985
r Adele A. Sarmiento~ Deputy City Clerk
City of Chula Vista, California