HomeMy WebLinkAboutcc min 1988/01/19 MINUTES FOR A REGULAR MEETING OF THE CITY COUNCIL
OF TNE CITY OF CHULA VISTA
Tuesday, January 19, 1988 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Councilmembers Nader, Malcolm, Mayor Cox,
Councilman Moore, Councilwoman McCandliss
ME~IBERS ABSENT: None
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, Deputy City Manager Morris
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES
Councilman Nader referred to the 5th paragraph of page
Amendment to the Motion. The Councilman would like the minutes
amended to clarify his motion by the addition of the words, " ....
should Council choose to allow the immediate use of the
churches." Mayor Cox and Councilmembers concurred to amend the
Minutes to reflect this clarification.
MSC (Moore/Cox) to approve, as amended, the Minutes for the
meeting of January 12, 1988. (Councilwoman McCandliss abstained
due to her absence from the meeting)
2. SPECIAL ORDERS OF THE DAY
Director of Public Safety Winters, in his capacity of Fire Chief,
referred to the City's presentation of a fire truck to the City of
San Felipe. (The use of this Fire Truck was required within one
hour of delivery.) Director Winters presented Council with a
Plaque from the City of San Felipe with their gratitute.
CONSENT CALENDAR (Items 3a - 22)
Councilwoman McCandliss stated her intent to abstain on the Second
Readings in items 11, 13, 14.
Mayor Cox announced pulled items: 3a, 3b, 9, 15, 16, 17, 19, 21,
22; and that item 6, an appropriation item, will take a 4/5 vote.
MSUC (McCandliss/Cox) to approve the balance of the items in the
Consent Calendar, the readings of the text were waived by
unanimous consent, passed and approved. (Councilwoman McCandliss
abstained on Ordinances 2248, 2251, 2252)
Minutes 2 January 19, 1988
3. WRITTEN COMMUNICATIONS
a. PETITION TO DECLARE THE INSTALLATION OF THE GAS LINES ON THE
BRICK WALL BORDERING INDUSTRIAL BOULEVARD A PUBLIC NUISANCE
AND THAT THE GAS LINES BE UNDERGROUNDED - (Continued from the
meeting of January 12, 1988) 32 letters submitted by B.
Flaugher, Brentwood Mobilehome Park, 1100 Industrial Blvd.,
Chula Vista
Pulled from the Consent Agenda.
b. REQUEST FOR SUPPORT FOR THEATRE OFFERED BY SAN DIEGO PRODUCING
GROUPS BY A GRANT FROM THE CITY COUNCIL OF THE CITY OF CHULA
VISTA New Works Theatre, 3926 Iowa Street, San Diego, CA
92104-3009
Pulled from the Consent Agenda.
c. REQUEST FOR WAIVER OF THE REQUIRED $2,500 DEPOSIT NECESSARY
FOR PROCESSING A TENTATIVE PARCEL MAP - Bob Crane, Realtor,
4045 Bonita road, Suite 104, Bonita, CA 92002
Council directed staff to review the deposit fee.
4. RESOLUTION 13418 ACCEPTING BID AND AWARDING CONTRACT FOR
TRAFFIC SIGNAL CONTROLLERS /Director of
Finance)
One bid was received on January 4, 1988 for the purchase of five
traffic signal controllers and cabinets. Council awarded the
contract to Safetrans Traffic System, Inc. for the amount of
$32,698.88. Funds are provided for in the Capital Improvement
Projects Budget.
5. RESOLUTION 13419 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND CHARLES COSTA ENTERPRISES
FOR OPERATION OF THE VISITOR INFORMATION
CENTER IDeputy City Manager)
The current agreement which expires January 30, 1988, was intended
to permit both the City and Mr. Costa to evaluate the feasibility,
desirability and appropriate provisions in a potential longer term
contract. Council approved the three year agreement for operation
of the Visitor Information Center. Other than exterior
maintenance, the only City/County cost required by this contract
is the estimated $600 per year for water.
6. RESOLUTION 13420 AUTHORIZING THE EXPENDITURE OF SPECIAL
ASSET SEIZURE FUNDS FOR LAW ENFORCEMENT
EQUIPMENT AND APPROPRIATING FUNDS
(Director of Public Safety)
Minutes 3 January 19, 1988
The Comprehensive Crime Control Act of 1984 provides for the
distribution of federally seized and forfeited assets to law
enforcement agencies who participate in an investigation which
results in an asset seizure, which funds are meant to be used to
increase the effectiveness of the seizing law enforcement agency.
Special Accnunt 3692 was established by the Director of Finance to
control the receipt.
7. RESOLUTION 13421 APPROVING AGREEMENT WITH RAPID ACTION
ASSOCIATES TO DEVELOP A DATA PROCESSING
MASTER PLAN FOR THE PUBLIC SAFETY SERVICES
(Director of Public Safety)
Alta Consulting Services Inc. was hired by the City to analyze the
City's Public Safety Communications System, procedures and
equipment and make recommendations for improvement and
modernization. The need for the development of a Data Processing
Master Plan for the automation of the Public Safety records and
reports was pointed out. Of the two vendors which responded to
the Request for Proposals, Rapid Action Associated impressed staff
with their practical and technical expertise and exhibited an
in-depth understanding of the project and have agreed to complete
the project for a fee not to exceed $20,000.
8. RESOLUTION 13422 APPROVING FINAL MAP FOR CHULA VISTA TRACT
86-2, EASTLAKE I, CAMELOT UNIT NO. 3
(Director of Public Works/City Engineer)
Approval of the Final Map will constitute the creation of a
condominium project including 122 dwelling units as well as
acceptance of sewer easements within Camelot Unit No. 3.
9. RESOLUTION ADOPTING COUNCIL POLICY FOR PERMITTING
REDUCED SIDEYARD SETBACKS FOR
SINGLE-FAMILY DWELLINGS CONTAINING
THREE-CAR GARAGES (Planning Director)
Pulled from the Consent Agenda.
lOa. RESOLUTION 13423 APPROVING FINAL MAP AND SUBDIVISION
IMPROVEMENT AGREEMENT AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT FOR CHULA
VISTA TRACT 87-7, BEL AIR RIDGE (Director
of Public Works/City Engineer)
b. RESOLUTION 13424 APPROVING AN AGREEMENT WITH THE DEVELOPER
OF BEL AIR RIDGE SUBDIVISION IN WHICH THE
DEVELOPER AGREES TO PARTICIPATE IN A
FACILITIES BENEFIT DISTRICT AND AGREES TO
NOT PROTEST FORMATION OF ASSESSMENT
DISTRICT 87-1 (EAST "H" STREET)
Minutes 4 January 19, 1988
c. RESOLUTION 13425 ACCEPTING GRANTS OF EASEMENT FOR STREET
PURPOSES, DEDICATING SAID STREETS TO
PUBLIC USE AND OFFICIALLY NAMING SAID
STREETS EAST "J" STREET AND DORADO WAY
IContinued from Meeting of 1/5/88)
Approval of the map constitutes acceptance of all drainage and
tree planting easements within the subdivision and acceptance on
behalf of the public of East "J" Street, Cordova Drive, Cordova
Court, Dorado Way, and Dorado Court and of Lot "A" for open
space, public utilities and other public uses.
Among the conditions of approval are the requirements that the
developer agree to not protest formation of Assessment District
87-1 least "N" Street) and agree to participate in a Facilities
Benefit District. The developer has acquired additional
right-of-way to provide adequate width for East "j" Street and
Dorado Way to provide for a temporary turnaround at the interim
terminus of East "J" Street as required by the Tentative Map.
ll.OPDINANCE 2248 AMENDING SECTIONS 18.54.030, 18.54.040 AND
18.54.060 OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO FLOODPLAIN REGULATIONS
SECOND READING & ADOPTION {Director of
Public Works/City Engineer)
The Ordinance, placed on First Reading on January 12, 1988,
revises the City's flood plain regulations in accordance with
instructions by the Federal Emergency Management Agency {FEMA).
12.ORDINANCE 2249 A~ENDING SECTION 2.04.020 OF THE CHULA
VISTA MUNICIPAL CODE DEALING WITH MEETINGS
AND CANCELLING THE CITY COUNCIL MEETING
IMMEDIATELY FOLLOWING THE THANKSGIVING
HOLIDAY SECOND READING & ADOPTION (City
Clerk)
The ordinance was placed on First Reading at the meeting of
January 12, 1988.
13.ORDINANCE 2751 ESTABLISHING A DEVELOPMENT IMPACT FEE TO
PAY FOR TRANSPORTATION FACILITIES IN THE
CITY'S EASTERN TERRITORIES SECOND
READING & ADOPTION IDirector of Public
Works/City Engineer)
The purpose of the development impact fee is to equitably share
the responsibility for providing the circulation system in the
eastern area and was placed on First Reading at the meeting of
January 12, 1988.
Minutes 5 January 19, 1988
14. ORDINANCE 2252 AMENDING TITLE 19 OF THE CHULA VISTA
MUNICIPAL CODE TO REGULATE RECYCLING
FACILITIES MANDATED BY AB 2020 ITHE BOTTLE
BILL) SECOND READING & ADOPTION (Director
of Planning)
In October 1987 Council enacted an urgency ordinance to amend the
zoning ordinance to regulate recycling facilities mandated by the
California Beverage Recycling and Litter Reduction Act, passed by
the State Legislature in 1986 for a period of 90 days with a
provision that the ordinance be brought back for consideration as
a permanent ordinance at the end of the 90-day period.
15. REPORT CONCERNING JUSTIFICATION FOR
DISCONTINUANCE OF MONITORING PRIVATE
ALARMS IN PUBLIC SAFETY COMMUNICATIONS
CENTER (Director of Public Safety)
Pulled from the Consent Agenda.
16. REPORT ON REDUCED RATE SEWER SERVICE CHARGE FOR
LOW INCOME INDIVIDUALS (Director of Public
Works/City Engineer)
Pulled from the Consent Agenda.
17. REPORT ON THE SAN DIEGO TROLLEY LINE BETWEEN "H"
STREET TROLLEY STATION AND SOUTHWESTERN
COLLEGE (Director of Public Works/City
Engineer)
Pulled from the Consent Agenda.
18. REPORT ON PROPOSED SCOOT REQUEST FOR PROPOSALS
(RFP) FOR OPERATION OF CHULA VISTA TRANSIT
(CVT) AND MAINTENANCE OF CVT ~LEET
(Director of Public Works/City Engineer)
Council accepted this report and recommended to SCOOT Board that
staff issue an RFP to solicit proposals for operation of Chula
Vista Transit (CVT) and maintenance of the CVT fleet beginning
July 1, 1988.
19. REPORT SITE SELECTION FOR TWO NEW PUBLIC
LIBRARIES (Library Director)
Pulled from the Consent Agenda.
20. REPORT Deleted from the Agenda
Minutes - 6 - January 19, 1988
21. REPORT ON USE OF CHURCHES AS TEMPORARY SHELTERS
FOR THE HOMELESS (Director of Planning)
Pulled from the Consent Agenda.
2?. REPORT ON EXPIRATION OF TERMS ON THE MONTGOMERY
PLANNING COMMITTEE (City Clerk)
Pulled from the Consent Agenda.
END OF CONSENT CALENDAR
PHBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES - None
23. ORAL COMMUNICATIONS None
PULLED ITEMS
3a. PETITION TO DECLARE THE INSTALLATION OF THE GAS LINES ON THE
BRICK WALL BORDERING INDUSTRIAL BOULEVARD A PUBLIC NUISANCE
AND THAT THE GAS LINES BE UNDERGROUNDED (Continued from the
meeting of January 12, 1988) 32 letters submitted by B.
Flauqher, Brentwood Mobilehome Park, llO0 Industrial Blvd.,
Chula Vista
Staff recommended the petitioners be advised that the installation
of the lines on the wall are not in violation of San Diego Gas &
Electric's rules and regulations, the Uniform Building and
Plumbing Codes, or the Uniform Fire Codes of the City.
Rev. Bob Flaugher, 1100 Industrial Blvd., explained that when the
Brentwood Mobilehome Park's gas system was repiped by San Diego
Gas & Electric, the park owner hung the natural gas line that
services the park on the brick wall bordering Industrial
Boulevard, which roadway has heavy truck traffic. The residents
have fear of a possible gas leak which would cause serious damage,
recognizing that, although it is legal to place a gas line in such
a manner, it is unsafe.
City Manaper restated the staff recommendation, recognized past
leak problems after which a thorough inspection was made, and
suggested a referral to the Fire Department to examine safety
issues.
MS (Malcolm/McCandliss) to refer this item to staff to report back
addressing the safety issues and why or why not it is safe.
Councilwoman )lcCandliss agreed the circumstances present a
dangerous situation with great potential, and asked staff to look
at Block Grant money or other available funds for upgrading code
deficiencies, if it is determined to be a hazard, as well as
undergrounding or an alternate passage if needed, stating that a
low cost loan might be available to help fund this.
rlinutes - 7 - January 19, 1988
ADDITION TO THE MOTION
Councilman Nader, with the agreement of Councilman Malcolm, to
refer also to the City Attorney for a recommended action Council
could appropriately take to abate it, in the event that staff
concludes regardless of the legality that it is unsafe.
ADDITION TO THE ~TION
~layor Cox, with the agreement of Councilman Malcolm, to request
staff to include in the report if this situation is an uncommon
problem or found in a number of different mobilehome parks in the
City.
MOTION RESTATED
MSUC (Malcolm/McCandliss) to refer this item to staff to report
back addressing the safety issues and why or why not it is safe,
with the above stated additions of Councilman Nader and Mayor Cox.
b. REQUEST FOR SUPPORT FOR THEATRE OFFERED BY SAN DIEGO PRODUCING
GROUPS BY A GRANT FROM THE CITY COUNCIL OF THE CITY OF CHULA
VISTA New Works Theatre, 3926 Iowa Street, San Diego, CA
92104-3009
Staff recommended that the funding request be considered for Block
Grant/Community Promotions funding during the the 1988-89 Budget
Process.
Jack Barefield, 3926 Iowa Street, San Diego, reported that the New
Works Theatre is a non-profit organization operating for 3 1/2
years working with the high school students of the County to
encourage their appreciation of the theatre. Receipt of funds for
this program has been difficult.
MSUC IMalcolm/McCandliss) to accept the staff recommendation.
Councilwoman McCandliss suggested that, in addition to forwarding
the letter to staff, there is a need to forward an application
listing the many details Council looks for in these instances.
9. RESOLUTION 13426 ADOPTING COUNCIL POLICY FOR PERMITTING
REDUCED SIDEYARD SETBACKS FOR
SINGLE-FAMILY DWELLINGS CONTAINING
THREE-CAR GARAGES (Planning Director)
Staff recommended adoption of the following policy:
1. Sideyard setbacks for lots containing three-car garages may be
reduced to 5' on each side, provided that each sideyard area does
not exceed a 2% grade and a minimum separation of lO' remains
between structures;
2. A maximum of 33% of the lots in a proposed subdivision may
provide reduced sideyard setbacks for units containing three-car
garages; and
3. Garage conversion shall not be permitted for three-car garages
where reduced setbacks occur.
Minutes 8 - January 19, 1988
Councilwoman McCandliss stated her belief that when three car
garages are desired by the developer, that the lots be made larger
so that the side yard setbacks can be according to City
standards. Council made some decisions as to where these garages
would be allowed - staff would review subdivision map and
proposals on each lot in according to policy so that variety is
provided.
Councilmembers discussed a possible doubling effect, the fact that
20% might be more reasonable, and to possibly to leave it as is
and come back to report on experience.
MS (Malcolm/McCandliss} to amend the Resolution to reduce the
maximum percentage to 20%.
James Hutchison, 4845 Ronson Court, San Diego, 92111, spoke in
favor of the staff recommendation since at the tentative map stage
it is difficult to identify which lots should be designated as
three car garage lots, and because of his belief that having the
variance of 5' on one side does not set the design criteria.
James Adams, 207 Palomar Airport Road, Carlsbad, agreed with the
staff report, and stated his belief that 33% should be the minimum
since the demand for three car garages is a problem that all will
face one day due to escalating land cost.
Councilmembers discussed the percentage and possibly another
policy for the guidance of staff. Mayor Cox spoke in opposition
to the motion on the floor stating that staff should have the
discretion to review specific lots which would have a three car
garage with a report to come back in six months and also in a year
to see how it has worked out. The Mayor stated his belief that
33% seems like a reasonable amount.
SUBSTITUTE MOTION
~ISC /Cox/Malcolm) to amend the Resolution to indicate that staff
would review the specific citing of three gar garages that would
be covered under this policy. {Councilwoman McCandliss voted no)
RESOLUTION AS AMENDED OFFERED BY MAYOR COX, the reading of the
text was waived by unanimous consent, passed and approved.
(Councilwoman McCandliss voted no)
Councilwoman McCandliss spoke against the policy stating that
three car garages are needed, but the lot should be built and
graded to accommodate the setbacks as per standards throughout the
City.
Minutes 9 January 19, 1988
15. REPORT CONCERNING JUSTIFICATION FOR
DISCONTINUANCE OF MONITORING PRIVATE
ALARMS IN PUBLIC SAFETY COMMUNICATIONS
CENTER (Director of Public Safety)
It is staff's position that business/residential alarms should be
monitored by companies that provide that service for a fee and
that it is not the function of governmental agencies to provide
this service.
Councilwoman McCandliss questioned the manner in which alarms are
answered. Director of Public Safety Winters explained the
procedure of placing alarms in the locations where robberies are
repeated, and that the unit in the area hears the alarm and the
Communications Center receives the alarm. In reply to
Councilwoman McCandliss' question, the Director reported $2400 in
fines for false alarms were collected this year. Further,
Director Winters reported as one of reasons the Communications
Center is being remodeled is for relief of stress and specifically
that of noise.
MS INader/McCandliss) to approve the alternative staff
recommendation to provide the service but to have, in addition to
an initial installation charge, a continual monthly charge for the
service.
Councilman Moore stated his opposition since there were only 34
businesses now receiving the services in the City, a statement
agreed to by Councilman Malcolm. Mayor Cox stated his concern of
the City being in competition with private industry as his reason
for being opposed.
In answer to Councilman Nader's query, the City Attorney stated it
would be possible to contract and enter into an agreement with
whoever desired the service in an effort to avoid liability.
Councilman Nader requested this as an addition to his motion if
agreeable to the second; but Councilwoman ~cCandliss suggested
this to be impractical unless the City can make the service
appropriately available to everyone, stating it would be more
reasonable to have service provided to no one than to be competing
with private industry in the same security operation.
RESTATED MOTION
MS INader/Malcolm) to adopt a course of recovering costs but also
to levy a continuing monthly charge for the service. Motion
failed. /Councilmembers Moore, McCandliss and Mayor Cox voted no)
MSC (Cox/Moore) to accept the staff recommendation to discontinue
the service as of July 1, 1988. (Councilman Nader voted no)
Minutes - lO January 19, 1988
16. REPORT ON REDUCED RATE SEWER SERVICE CHARGE FOR
LOW INCOME INDIVIDUALS IDirector of Public
Works/City Engineer)
On September 22, 1987, a report was submitted to the City Council
coordinating the recommendations of the Commission on Aging and
the Human Relations Commission. The Commission on Aging
recommended that the proposed "lifeline" rate not be adopted at
this time because they felt implementing it would not be cost
effective; and the Human Relations Commission agreed with the new
staff recommendation of giving a maximum refund of $2.60 a month
to low income households. The Commission also recommended that
single family residents be given the option of either an annual
refund of $31.20 or the reduced rate of $6.10 a month shown on
their water bills.
Staff recommended the implementation of a program that would give
some relief to low income households. The charge could be lowered
from ~8.70 a month to $6.10 a month. The refund could be based on
total annual income of the household as given in the above
mentioned table. Residents of apartments or condominiums would
also be eligible for this refund provided they submit evidence
they are being charged more than $6.10 a month.
Councilman Malcolm stated his view that it would be a problem to
be fair and equiable on this issue since usage depends upon the
number of people in the household and stated agreement with the
Commission on Aging which recognizes the problems of proving
inequities on an income level.
MSC (Nader/Moore) to adopt the staff recommendation. (Councilman
Malcolm voted no)
Councilman Malcolm stated his hesitancy to vote against a
"lifeline issue" which he considers different than that of a
usage. Councilwoman McCandliss suggested that, when the ordinance
and resolution are brought back, Council could work on the wording
at that time.
17. REPORT ON THE SAN DIEGO TROLLEY LINE BETWEEN "H"
STREET TROLLEY STATION AND SOUTHWESTERN
COLLEGE (Director of Public Works/City
Engineer)
Staff recommended that Council request MTDB to conduct a
comprehensive long-range transit plan pertaining to future transit
improvements in an east-west corridor including but not limited to
"H" Street, generally between the existing south trolley line in
Chula Vista and EastLake, consisting of two main components: (1)
an analysis of potential trolley extensions as authorized by
Proposition A; and (2) an analysis of bus improvements on "H"
Street, or alternative east-west corridors to serve future growth
in the area east of 1-805.
Minutes ll - January 19, 1988
James Mills, Chairman of the Metropolitan Transit Development
Board (MTDB), 277 Seaforth Court, Del Mar, reported his presence
to answer questions.
Councilman Malcolm requested Chairman Mills' approval to digress
to ask questions relative to MTDB Member salaries, and it was
reported that the Governor appointed former Senator Mills to the
Board, that the law provides that the Governor's appointee be
installed as Chairman, and that his salary rose from $400 per
month (or $100/meeting) to $30,000 when the MTDB Members voted.
Councilman Malcolm referred to the possibility of a trolley line
running down Interstate 125 to the Border Crossing and to the East
County collector; Chairman Mills reported that consideration would
first be given as to where the resources would go. Chairman Mills
referred to Proposition A and the money appropriated for stated
highways mentioned in the bill; that any money spent on a trolley
line, prior to the funding of the project roads listed in
Proposition A would not be legal per the vote of the people and
estimate that the stated projects' completion date to be after the
year 2000. Since funding cannot be accomplished out of
Proposition A, other sources have to be found, the ultimate point
of justifying $12,000,000 per mile or more, and consideration of
the quality of service examined for a street car operation or a
bus service.
Councilman Malcolm declared that South Bay did not get its fair
share of Proposition A, since Chula Vista got 66% and everyone
else got 100%. The Councilman urged that consideration be given
to a study for the trolley line to complete a linkage of the
communities and his belief that it should be done now since
Council needs to make a decision to set aside enough money to
accomplish that portion of East 805 presently under construction.
MOTION:
~[~"[~'alcolm/Nader) direct staff to not wait the 18 months as
outlined, to do whatever, with the expertise on hand, to make a
determination at the ~resent time to look at the installation of
any type of rail system going out to Southwestern College from the
"H" Street station.
Councilman Moore questioned this course of action since there are
no facts to substantiate its success, the funding, and the safety
or danger of "mixed running".
Councilwoman McCandliss expressed her opposition to the motion
questioning the justification of spending that amount of money,
that the money set aside for a study under Proposition A was for
Route 125, and her belief that it would be more sensible to look
for a more feasible connector than to settle on "H" Street, which
is busily travelled.
Minutes - 12 January 19, 1988
Councilman Nader's statements centered on the fact that no data
exists and questioned staff's capability of accomplishing that
study. (City Manager Goss stated the study could be accomplished
with a shifting of priorities and possible consultants in some
areas.) The Councilman agreed with the potential benefits to the
shopping center but believes that "H" street may not be the most
feasible route to take, and that the assistance of MTDB might be
necessary for a complete study.
ADDITION TO THE MOTION BY COUNCILMAN NADER:
In addition to the staff study requested in the original motion:
to simultaneously adopt the staff recommendation to request an
MTDB evaluation to expedite as much as possible in view of the
pending construction and actiivity on East "H" Street. lAgreed to
by the maker of the motion)
ADDITION TO THE MOTION BY COUNCILMAN MALCOLM:
To include that staff use proper discretion and keep Council
informed on the time spent.
Mayor Cox stated his support of the motion on the floor, but
stated that he hoped Council would look at counterbalancing the
advantages with the long term cost and the ability of funding.
THE MAIN MOTION WITH THE ADDITIONS PASSED UNANIMOUSLY
19. REPORT SITE SELECTION FOR TWO NEW PUBLIC
LIBRARIES (Library Director)
In the Montgomery/Otay Planning area, the top two recommended
sites for the public library by the Site Selection Committee are
Third Avenue/Handyman, or Third Avenue/Lauderbach Park and another
site at Orange/Hermosa Avenues. The top-rated sites of the five
evaluated for the future public library which will serve the
Sweetwater/Bonita Planning Area are the southwest or southeast
corners of the intersection of East H Street and Otay Lakes Road.
Staff recommends approval of (1) the three recommended sites in
the Montgomery/Otay Planning area for the purpose of pursuing a
preliminary cost analysis which would outline the development
costs and long-term operations cost at each site. This analysis
will be a portion of the report when presented to the Montgomery
Planning Committee and the Planning Commission; and (2) to accept
the report and refer to the Montgomery Planning Committee and
Planning Commission for their evaluation and report back to City
Council. Library Director Rosemary Lane was present to answer
questions.
Councilmembers discussed the excellent report presented and the
advantages of action before a crisis developed for need.
Minutes - 13 January 19, 1988
MOTION:
MSUC (Cox/McCandliss) to accept the staff recommendation with the
added statement to "redflag" the three Sweetwater/Bonita Planning
Area sites.
21. REPORT ON USE OF CHURCHES AS TEMPORARY SHELTERS
FOR THE HOMELESS {Director of Planning)
Director Krempl reported that each "host" congregation is
committed to provide two weeks of shelter and two meals a day for
up to 12 people and then the program rotates to another
congregation. It has been and continues to be the position of
staff that the provision of overnight lodging raises land use,
health and safety issues which are not within the normal scope or
expectations of church use. Staff recommended that the proposal
be considered in detail and with the opportunity for input from
adjoining property owners via an administrative conditional use
permit process.
Staff is prepared to expedite the process, and assuming completed
applications and plans are received on January 20, and considering
the statutory lO-day notice period, an administrative decision can
be rendered as early as February 1. Staff believes it would be
appropriate for Council to waive the fees for processing the
applications.
Councilmember Moore commented on the excellence of the program and
urged approval with the condition that staff verify certain
conditions. Further discussion centered on the need to conclude
whether or not the activitiy is a Church activity, a conclusion
that Councilman Nader could readily accept, stating the Church's
long standing tradition of giving shelter and food to the needy
for the past 2000 years. The Councilman agreed that exercising
this right is subject to certain regulations but by making up
rules for a Church at this point would be subject to vagueness,
and suggested appropriate action which would be no action.
MOTION:
MS T~'ader/Malcolm) to file this report and direct staff if it
feels it is appropriate to include what additional zoning if any
is appropriate for this activity, and to come back to Council
under the referral Council made last Fall on the subject of zoning
laws that pertain to Church operations in the City.
The City Attorney cautioned that previous Council interpretations
have been made and the decision may affect other variances.
Councilwoman McCandliss stated her belief that a rotation of
churches is appropriate with an assurance of the provisions of
sanitation, security and health standards, as well as informing
the neighbors of the change in their neighborhood.
Minutes 14 - January 19, 1988
SUBSTITUTE MOTION:
MSUC (Moore/McCandliss) to grant the two named churches to use
their facilities for temporary shelters for the homeless upon the
inspection by staff that certain health and safety factors are in
place and to do this tomorrow morning.
Reverend Dan Benedict of the First United Methodist Church, 342
Mitscher, Chula Vista 92010, answered some of the concerns of
Council exDlaining the accommodations provided for past overnight
visitors.
Eric Swanson, 3070 Artemia Way, San Diego, member of the First
United Methodist Church, urged Council to approve and explained
how the shared program began and that this now is the "time to go".
"H" Donald Hughes, 644 "M" Avenue, National City, a Mobile
Missionary, stated that the health and safety issues and a
certified food handler are requirements of the Interfaith
Network.
Glenn Allison, 3425 Fifth Avenue, San Diego, Interfaith Shelter
Network Chairman, reported the rotational aspect of the program
and the benefits to the congregation by their involvement. In
designing the program, the needs of the community were taken into
account which is why the networking program is small scale and why
pre-screened families are taken care of in a residential
neighborhood. The program, Mr. Allison stated, strengthened every
community in which they participated.
Blair Barnes, 655 Fourth Avenue, San Diego, Regional Task Force on
the Homeless, emphasized the uniform health and safety issues
addressed by them as well as inspections by San Diego County.
Frank Landerville, 655 Fourth Avenue, Project Director of the Task
Force, reported working with 72 Churches and urged Council to
decide, as Oceanside Council has done, to support the program to
be in conformance with the use and the mission that churches have
and to limit support to parameters set by the Interfaith Shelter
Network's rigid standards.
Lance Lindgren, 1329 Monserate Avenue, 92011, St Mark's Lutheran
Church Member, stated it is a viable program to the community and
the church.
Chuck Sundry, 92013, Pastor of St. Mark's Lutheran Church,
reported the number of volunteers who will spend the night to care
for, to cook, to do laundry, provide transportation and just "be
there." Showers have been installed and all other necessities
were present.
Minutes - 15 January 19, 1988
Michele Delehanty, 350 Windjammer, 92010, urged expediency and
reported on the needs of seven children and two mothers who are
presently waiting for shelter.
Lois Keyes, 818 Chervil Court, 92010, presented a scaled drawing
to show that accommodations are not crowded, a schedule for the
people who have volunteered to stay with the people and the
services provided.
~layor Cox commented that the program is well organized to benefit
members of the homeless community, the pre-screening process
precludes those that prefer the homeless life-style and that
positive action should be taken this evening.
SUBSTITUTE MOTION:
MSUC (Cox/McCandliss) to authorize the use of the two Churches as
temporary shelters for no more than 12 homeless individuals for a
period not to exceed two weeks in any church location and to
direct staff to come back with an administrative procedure to
review and evaluate future requests for temporary shelters for the
homeless and that there be some type of administrative checkoff
for facilities to address safety issues.
As a follow up, Mayor Cox stated there is clearly a legitimate
government function to be served in insuring that the provision of
temporary shelters are not to have an adverse effect on the
surrounding neighborhoods.
Councilman Malcolm stated his opposition to the Mayor Cox'
substitute motion, preferring the reasons for the original motion
of Councilman Nader; and Councilman Nader stated opposition to
both substitute motions.
Mayor Cox stated there is a potential there could be abuses, and
the intent of his substitute motion is to give direction to staff
for an administrative procedure or program evaluating each request.
SUBSTITUTE MOTION OF MAYOR COX PASSED
(Councilmembers Nader and Malcolm voted no)
22. REPORT ON EXPIRATION OF TERMS ON THE MONTGOMERY
PLANNING COMMITTEE (City Clerk)
As directed by Council, City Clerk Fulasz contacted the four
members whose terms expired on January 1, 1988; Nancy Wheeland,
Nancy Palmer, Ben Patton and Box Fox all wish reappointment.
MOTION:
~der/Cox) to reappoint the four incumbents.
~ayor Cox questioned whether or not it would be appropriate to
reappoint anyone who had moved from within the boundaries of the
Montgomery area.
Minutes 16 - January 19, 1988
The Assistant City Attorney referred to the Charter and Code
Section 2.48.070b which states that "in order to qualify for
membership on the Community Planning Committee it shall be
required that committee members be at least 18 years of age and
electors of the community planning area at the time of their
appointment or election."
SUBSTITUTE MOTION:
MSUC (Cox/Moore) to reappoint Nancy Palmer and Nancy Wheeland to
the Montgomery Planning Community Committee.
MOTION:
~Fg~[~T'~cCandliss/Cox) to continue the term of Ben Patton and Bob
Fox for one week and direct the City Attorney to provide a legal
opinion on whether or not they can be reappointed.
24. REPORT OF THE CITY MANAGER
a. Scheduling Council Meetings
Consideration of the Sweetwater/Route 125 study will be
rescheduled at another time(cancelled from the January 21 meeting
date).
b. The storm on Sunday night damaged, trees, sidewalks, fences
and 3 cars with an estimated cost to the City relative to overtime
as approximately 58,000. The drainage system worked very well.
c. Introduction was made of the following new Analysts who
started employment this past week: Dawn Heering, Police
Department, Stephanie Popek, who will be focusing on the budget
processing, and Nancy Woods, who will be assisting in the Council
office and administration.
25. ~AYOR'S REPORT
a. The Nature Interpretive Brochure is ready for distribution,
and it is expected that attendance at the Center will be dramatic
as a result of the excellent brochure.
b. Al's Trailer Park has given notice to cease operation on March
1989 and two more are in various stages of operation. This is a
very real concern for relocation of many people in the City of
Chula Vista. Direction had been given to staff previously for a
plan for relocation of a mobilehome park on the land acquired near
the KOA campground. He asked staff to come back with a report on
the status of the program and how quickly relocation can be
brought on schedule.
Minutes - 17 January 19, 1988
26. COUNCIL COMMENTS
COUNCILMAN ~IALCOLM:
a. L Street & Broadway Intersection - Jim Berry, 885 Ash Avenue
MOTION:
~alcolm/McCandliss) to refer the intersection and the problem
to the Safety Commission and to notify the resident, Mr. Berry,
who addressed that concern.
b Discussed Homart Development's request of favors from the
closing of Fifth Avenue to a waiver of mitigation at the time of
construction, which was to start several weeks ago no permits
have been pulled so far. A message was received from Dick
Reynolds, civil engineer regarding the gas line on H Street.
Homart does not want to move the gas line on H Street stating
Sears would not give them the easement. (Homart is owned by
Sears.) Dick Reynolds, who is also a member of the Board of
Appeals, raised several questions relating to possible gas leaks,
SDG&E recommendations and provisions and now a redesign of the
center.
MOTION:
MSUC (Malcolm/McCandliss) that staff provide the letter from Dick
Reynolds addressing the issues to each member of staff and that
staff address the issues in the letter and report on the status of
the mitigation for the closure of Fifth Avenue and the scheduling
of that by this next week's packet.
City Manager stated his recollection that the SDG&E gas line was
not to be moved, but that there had to be proper easement and
setbacks and no closed structure over the lines.
ADDITION TO THE ~OTION BY COUNCILMAN NADER:
To include also an update on the status of compliance with the
conditions established when Council decided to close Fifth
Avenue. {Agreed to by the maker of the motion)
c. Metropolitan Development Transit Board (MTDB) salary
explanation was addressed to Mayor Cox as representative to the
MDTB at the time it was voted upon. Mayor Cox reported that
Senator Mills has more expertise than any other in the State of
California, the ordinance brought forth did not tie into the
position for future chairmen but is a personal services contract
reviewed by their legal counsel was specific to include contact
with media, availability ?0 hours/week, responsible for
legislative contacts and was considered cost effective for the
services to be provided.
Minutes 18 - January 19, 1988
Councilman Malcolm emphasized the inappropriateness of this
increase. Opposition is based on State law which mandates a
maximum pay for members of the Metropolitan Development Transit
Board as $100 per meeting for a maximum of four meetings per
month. The Chairman, selected by the Governor, found the job time
consuming and the Board unanimously voted to raise his salary to
$30,000, providing the personal services contract.
d. Woodlawn Park Church is still having trouble with horses and
staff was requested to distribute the letter to other
Councilmembers with a response.
COUNCILMAN MOORE:
e. MOTION: MSUC IMoore/Nader) to direct staff to produce a report
or survey of alleys, to seek potential reduction of those alleys,
regarding the needs versus the desires and the method to delete
alleys and turn them over to property owners.
COUNCILWOMAN McCANDLISS:
d. Accidents have been observed making left turns off F street
onto Broadway and questioned the synchronization of the lights.
Councilwoman McCandliss referred to staff the intersection of
Broadway and F Avenue to evaluate based on the warrants to see
what it needs.
e. Addition of an Agenda item in the 2nd or 3rd meeting in
February 1988 under Council Comments - 15 minutes for a status
report from the United Enterprises/Otay Ranch Task force, and 15
minutes and an update and a Task Force report from the Otay Mesa
Task Force as to the status, what the issues are, what is
happening, policy and staff review.
ADJOURNMENT AT 10:45 p.m. to the regular meeting of January 26,
1988 at 7 p.m.
Jennie M. Fulasz, CMC
CITY CLERK
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