HomeMy WebLinkAboutcc min 1988/02/02 MINUTES FOR A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, February 2, 1988 Council Chamber
4:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Councilmembers Nader, Malcolm, Mayor Cox,
Councilmembers Moore and McCandliss
MEMBERS ABSENT: None
STAFF PRESENT: City ~lanager Goss, Assistant City Manager
Asmus, Deputy City Manager Morris
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES
a. Transcript of excerpted item 15 of January 19, 1988 Minutes
MSUC (Nader/McCandliss) that the Minutes of the Meeting of January
19 be amended to reflect the information shown in the transcript.
2. SPECIAL ORDERS OF THE DAY STATE OF THE CITY
A videotape of Mayor Cox' presentation was viewed by the public.
CONSENT CALENDAR
3. WRITTEN COMMUNICATIONS (3a 16)
Pulled items: 3b, 3c, 3e, 3g, 3h, 4, 7, 12, 14, 16
Councilman Malcolm reported he will abstain from voting on item 8,
as he is a member of the organization.
CONSENT CALENDAR OFFERED BY COUNCILWOMAN MCCANDLISS, the reading
of the text was waived by unanimous consent, passed and approved.
{Councilman Malcolm abstained on item 8.)
a. REQUEST FOR 1/2 CENT SALES TAX MEASURE TO COMPLETE THE MASTER
PLAN FOR CONSTRUCTION OF CRIMINAL JUSTICE FACILITIES IN THE REGION
STOP CRIME COMMITTEE, Chairman Edward B. Meyer, 4575 Ruffner
St., San Diego, CA 92111.
Council took no action as this issue has already been referred to
staff for a report which is due back next month.
MINUTES - 2 - February 2, 1988
b. REQUEST BY THE MOBILEHOME ISSUES COMMITTEE TO RESCIND SECTION
9.50.0154 TO INCLUDE ITS CONTENTS IN A SEPARATE CHAPTER PERTAINING
TO RECREATIONAL VEHICLES. - Mobilehome Issues Committee, Will T.
Hyde, Chairman, 803 Vista Way, Chula Vista, CA. 92010.
Pulled from the Consent Agenda.
c. REQUEST FROM CITY OF SANTEE FOR SUPPORT IN OPPOSING THE COUNTY
600~BED TEMPORARY MEN'S JAIL FACILITY AT LAS COLINAS Jack Doyle,
Mayor, 10765 Woodside Avenue, Santee, CA. 92071-3198.
Pulled from the Consent Agenda.
d. REQUEST TO CONSIDER PUBLIC SAFETY RELATIVE TO RED CURB ON FIG
STREET San Diego Trust and Savings Bank, Manager Gary Bryant,
Chula Vista Branch, P.O. Box 1496 Chula Vista, CA. 92Q12-1496.
Council directed this letter be rescheduled for consideration at
the same time that the other issues regarding the Fig Street
closure comes back to the Council.
e. REQUEST FOR RECONSIDERATION OF THE CLOSURE OF AL's TRAILER
HAVEN - Don Dulko, 4 Broadway, S-7, Chula Vista, CA. 92010.
Pulled from the Consent Agenda.
f. REQUEST FOR THE CHARTER REVIEW COMMITTEE TO REVIEW THE ISSUE
OF ELECTING COUNCILPERSONS BY DISTRICT - Gene Pierson, 972 Melrose
Avenue, Chula Vista, CA 92011-2336
Council directed that a letter be sent to Mr. Pierson explaining
the rationale of at large versus district elections.
g. REQUEST THAT ATTENTION BE GIVEN TO THE TRAFFIC SITUATION AT
MELROSE AND L STREETS Gene Pierson, 972 Melrose Avenue, Chula
Vista, CA 92011-2336
Pulled from the Consent Agenda.
h. BOARD OF ETHICS UNSCHEDULED VACANCY BY RESIGNATION OF MEMBER
Jacqueline Waleski, 463 D Street, Apt. 4, 92010
Pulled from the Consent Agenda.
4. RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR
PARKWAY GYM FOUNDATION IMPROVEMENTS IN THE
CITY OF CHULA VISTA (Director of Public
Works/Director of Parks and Recreation)
Pulled from the Consent Agenda.
MINUTES 3 February 2, 1988
5. RESOLUTION 13437 ACCEPTING BIDS AND AWARDING CONTRACT FOR
"SEWER REHABILITATION PHASE I AND II AT
VARIOUS LOCATIONS IN THE CITY OF CHULA
VISTA, CA (Director of Public Works/City
Engineer)
The work to be done consists of repair of lateral connections and
damaged laterals, replacement of broken sewer mains and laterals,
removal of blockages, replacement of shattered sewer pipe, repair
of broken joints, repair of offset joints, repair of pulled
joints, and replacement of sewer mains and reconnection of sewer
laterals; as well as excavation and grading, asphalt concrete
pavement, processed miscellaneous base, trench shoring, traffic
control, installation of 6" and 8" sewer mains, sewer laterals,
construction surveying, and sewer lateral connections. Bids were
received from eight contractors and Council accepted the bids and
awarded the contract to low bidder, Intertec Construction Company,
in the amount of $269,222.45.
6. REPORT AMENDING THE POLICY FOR THRESHOLDS
/STANDARDS
Council continued the item to May 1988 at which time more
information will be available as to the level of police service in
the City.
7. REPORT ON THE FORMATION OF GROWTH MANAGEMENT
OVERSIGHT COMMITTEE (Director of Planning)
Pulled from the Consent Agenda.
8. REPORT REGARDING SAN DIEGO COUNTRY CLUB'S REQUEST
FOR DEFERRAL OF IMPROVEMENTS ON NAPLES
(Director of Public Works/City Engineer)
As part of the review of this application the Public Works
Department has required a number of street improvements in
conjunction with the building permit for the interim facilities
and advised the Country Club that a commitment to participate in
the construction of permanent improvements along Moss Street in
conjunction with the building permit for the new clubhouse would
be required in lieu of providing those facilities now. Permanent
improvements along Naples Street would be required at such time as
a permanent development along that frontage occurs. Because of
the relatively high cost of this work the Country Club is
requesting relief from these requirements. A preliminary
agreement as to the type and timing of the installation of public
improvements was reached between staff and Club to the effect that:
MINUTES - 4 - February 2, 1988
1. The present service entrance to the club off Naples Street
would be relocated easterly to be directly opposite Dixon
Street;
2. Street widening on Naples Street would be provided as
necessary to provide safe ingress and egress from the
relocated entrance; and
3. The Country Club would make an affirmative commitment to
participate in future assessment districts for the provision
of permanent public improvements on a fair pro rata basis.
9. REPORT REGARDING CONCERNS RELATED TO PARKING NEAR
CHULA VISTA HIGH SCHOOL (Director of
Public Works/City Engineer)
Garden Place and Brightwood Avenue are residential streets
adjacent to Chula Vista High School on the north side of "K"
Street; the high school is on the south side of "K" Street.
Parking studies were conducted by Traffic Engineering personnel
during the first week of January 1988 while school was in session
which revealed much of the available parking spaces were consumed
by student vehicles from the nearby high school between the hours
of 8 a.m. and 3 p.m. Chula Vista High School has chained-off
parking spaces in their parking lot but other unchained areas
could be used by students.
Council accepted the report and directed staff to install two hour
parking restrictions 8 a.m. to 3 p,m. in the 400 block of Garden
Place and on Brightwood between Kearney and "K" Street; and to
establish a sticker or decal system to identify the residential
vehicles that belong in the neighborhood and exempting them from
the two hour limit.
10. REPORT REGARDING REMOVAL OF GARAGE AT "D" STREET
AND LAS FLORES (Director of Public
Works/City Engineer)
This report has been submitted as item 16.
ll. REPORT REGARDING THE REDUCTION OF THE SPEED LIMIT
ON PEPPERTREE ROAD (Director of Public
Works/City Engineer)
Council directed staff not to reduce the speed limit on Peppertree
Road after a study of this section of the road and to put up
advisory "15 miles per hour" advisory plates to go underneath each
W14 curve sign, used in advance of a winding section of highway
which requires more caution to drive.
MINLITES 5 February 2, 1988
12. REPORT GRADING DEVIATION POLICY EVALUATION
/Director of Parks and Recreation)
Pulled from the Consent Agenda.
13. REPORT CONCERNING SELECTION OF MEDIATORS FOR
MOBILEHOME PARK SPACE RENT MEDIATION
(Director of Community Development)
RESOLUTION 13438 APPROVING A LIST OF MEDIATORS FOR
MOBILEHOME SPACE RENT MEDIATION
PURSUANT TO CITY MUNICIPAL CODE
SECTION 9.50
Council adopted the resolution approving the list of
mediators for Mobilehome Park Space Rent Mediation as
specified in City Municipal Code Section 9.50; and to
subsequently suggest additional candidates so that the list
can be expanded in the future.
14. REPORT REFERENCING A REQUEST TO ESTABLISH
CARDROOM WITHIN ELKS LODGE #2001
Pulled from the Consent Agenda.
15a,.ORDINANCE 2253 AMENDING 1.20.020 AND CHAPTER 9.12 OF
THE MUNICIPAL CODE TO REGULATE
OPERATION OF CASINO PARTIES FIRST
READING
b:.RESOLUTION 13439 AMENDING THE MASTER FEE SCHEDULE TO
INCLUDE A LICENSE FEE FOR CASINO
PARTIES
The proposed ordinance patterned after the City and County of
San Diego, is designed to combat illegal gambling and to
protect the public from fraudulent charitable events; and
amends the Master Fee Schedule to include the $50 casino fee
under new Section 9.12.280.
16. REPORT ON REQUEST BY RON NELDERLEIN FOR
APPROVAL OF MAP (Director of Public
Works)
Pulled from the Consent Agenda.
END OF CONSENT CALENDAR
MINUTES - 6 - February 2, 1988
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
17. PUBLIC HEARING PCC-88-14 AND ZAV-88-6: APPEAL FROM
DENIAL OF REQUEST TO ESTABLISH CHURCH
OFFICES AND FELLOWSHIP MEETING PLACE
AT llO THIRD AVENUE CALVARY CHAPEL
(Continued from meetinn of January
12, 1988) (Director of Pianning)
a. RESOLUTION APPROVING THE APPEAL ON PCC-88-14 TO
ESTABLISH CHURCH OFFICES AND
FELLOWSHIP MEETING PLACE AT llO THIRD
AVENUE - CALVARY CHAPEL
b. RESOLUTION APPROVING THE APPEAL ON ZAV-88-6 TO
VARY THE LOT SIZE, SETBACK AND
FENCING STANDARDS REQUIRED FOR
CHURCHES IN RESIDENTIAL ZONES AT 110
THIRD AVENUE - CALVARY CHAPEL
This item is continued from the meeting of January 26, 1988,
after the public hearing was closed. Mayor Cox stated that
Council will focus attention on the motion on the floor.
RESOLUTIONS OFFERED BY COUNCILMAN MALCOLM, the reading of the
text was waived by unanimous consent.
Mayor Cox stated agreement that the issue is clearly a land
use issue and stated his opposition to the motion on the
floor. Councilman Malcolm reminded Councilmembers that the
area is actually both heavy commercial and multi-family, with
only two parcels being residential homes, and that the area
should be rezoned and referred to other decisions made by
Council where precedents were established for similar
services.
VOTE ON THE RESOLUTIONS
MOTION FAILED. (Councilmembers Nader and Malcolm voted aye;
Councilmembers McCandliss and Moore, and Mayor Cox voted no.)
MSUC (Cox/McCandliss) to deny the appeal application.
(MOTION PASSED - Councilmembers Malcolm and Nader voted no.)
a. RESOLUTION 13440 DENYING THE APPEAL ON PCC-88-14 TO
ESTABLISH CHURCH OFFICES AND
FELLOWSHIP MEETING PLACE AT llO THIRD
AVENUE - CALVARY CHAPEL
b. RESOLUTION 13441 DEHYING THE APPEAL ON ZAV-88-6 TO
VARY THE LOT SIZE, SETBACK AND
FENCING STANDARDS REQUIRED FOR
CHURCHES IN RESIDENTIAL ZONES AT llO
THIRD AVENUE CALVARY CHAPEL
MINUTES 7 February 2, 1988
FOLLOW UP MOTION
MSUC (Nader/McCandliss) to refer to staff for a report to
City Council outlining the land use designations whereby a
church use as represented in this application would be deemed
appropriate and that this be referred to the Planning
Department and the City Attorney's office.
Councilwoman McCandliss suggested incorporating the original
referral as stated by Councilman Malcolm, designating land
uses for church activities to deal with the future, as well
as dealing with established neighborhoods allowing churches
to establish themselves in them.
Councilman Nader stated that, in light of the fact this
applicant will be looking forward to a place to put his
church, his motion would prove beneficial for the applicant's
guidance and Council's guidance in the future.
MOTION
MSUC (Malcolm/Moore) to direct staff to review the zoning on
this particular parcel in conjunction with the General Plan
update.
Assistant City Attorney Rudolph emphasized that under
Municipal Code Section 19.14.130 when Council grants or
denies a variance or conditional use permit, Council must
make positive negative findings; and questioned if Council -
by its action to deny the application in effect adopting
staff's recommendation. Mayor Cox stated this to be the
intent of his motion and Council concurred.
18. PUBLIC HEARING PCS-88-1: CONSIDERATION OF TENTATIVE
RESIDENTIAL SUBDIVISION MAP FOR
RANCHO DEL REY, CVT TRACT 88-1 -
RANCHO DEL REY PARTNERSHIP (Director
of Planning)
a. RESOLUTION 13442 APPROVING TENTATI-VE RESIDENTIAL
SUBDIVISION MAP FOR EL RANCHO DEL
REY, CVT TRACT 88-1 RANCHO DEL REY
PARTNERSHIP
b. RESOLUTION 13443 ADOPTING THE DESIGN GUIDELINES FOR
RANCHO OEL REY SECTIONAL PLANNING
AREA SPA I
19. PUBLIC HEARING PCS-88-2: CONSIDERATION OF TENTATIVE
INDUSTRIAL SUBDIVISION MAP FOR RANCHO
DEL REY, CVT TRACT 88-2 - RANCHO DEL
REY PARTNERSHIP (Director of Planning)
MINUTES 8 February 2, 1988
RESOLUTION 13444 APPROVING TENTATIVE INDUSTRIAL
SUBDIVISION MAP FOR RANCHO DEL REY,
CVT TRACT 88-2 RANCHO DEL REY
PARTNERSHIP
Both items are continued from the meeting of January 26, at
which time it was agreed upon to consider both items at one
time. Mayor Cox declared the Public Hearingsreopened.
Director of Public Works Garibay referred to the January 28th
letter from Ken Baumgartner of Rancho del Rey. Director
Garibay stated that, under Condition 14, Rancho del Rey has
agreed to the condition that - prior to occupancy of any
units in phase 2 they would start the work on Otay Lakes
Road, and prior to occupancy of phase 3, as an existing
condition restated. The second issue referred to the start
of work on phase 4 and the applicant has agreed to withhold
20% of units in phase 2 until the first map is filed within
phase 3. Staff supports the recommendations with Council
approval.
In answer to Councilwoman McCandliss' question, the lots can
be sold when the maps are recorded, but since there is
nothing there physically, a subdivision agreement is signed
at the time the map is recorded and the applicant is allowed
three years to make the improvements. Director Krempl added
that it might be preferable to tie that to the actual start
of constructions of dwellings in phase 4 rather than
recordation of the final map.
Ken Baumgartner, 2727 Hoover Avenue, McMillin Development,
discussed the issue relating to the overall Plan as approved
including the number of agreed upon public facilities, and
the intent to develop homes in all ranges. Mr. Baumgartner
urged Council to give McMillin Development the ability to go
forward without further restrictions and establishing an
arbitrary limit on estate lots. Mr. Baumgartner suggested,
if Council chooses the restrictions, to choose the language
suggested on page 2 of his letter.
In answer to Councilwoman McCandliss' question, Mr.
Baumgartner stated the Developer is guaranteeing the estate
lots with the recordation of the maps, and the bonding of all
the improvements in the estate lots and the ability to sell
the lots subject to the completion of the improvements.
Steven Penn, 707 Broadway, Home Capital Development Group,
requested Council to approve the project.
There being no others to speak for or against this item, the
public hearing was closed.
MINUTES - 9 - February 2, 1988
Councilmember Moore's question brought out the fact that the
sequencing of development and improvements are built into the
Public Facilities Financing Plan but the timing of them are
not included.
RESOLUTIONS 18a, 18b, and 19a OFFERED BY MAYOR COX the
readings of the text was waived by unanimous consent
Councilman Malcolm stated his reason for opposition to the
project as the traffic generation, and confirmed that
construction of Otay Lakes Road is being hindered by the
length of time it takes for the City to approve the Plans as
submitted. Mr. Baumgartner was questioned as to a revision
of the wording to make it possible to start construction and
to complete construction within 16 months. Mr. Baumgartner
agreed with the request if the completion of construction
could be worded to state a "reasonable construction time"
which would probably be approximately 16 months.
MOTION
MSUC 1Malcolm/McCandliss) that Condition 14 be modified to
state that improvements shall commence upon the approval of
the grading and improvement plans for said road but not be
required any sooner than the recordation of the final map in
association with any phases of the project.
Mr. Ken Baumgartner confirmed his agreement with the motion
on the floor.
Assistant City Attorney Rudolph, in answer to Councilman
Nader's question, stated the motion is a clarification of the
intent, but suggested more language to make it clear when the
construction should be started.
AMENDMENT TO THE MOTION
M (Nader) to state that the City requires a bond for
completion of the road improvements prior to pull permits
and, from that time, the applicant has 18 months to complete
the road improvements with extension for act of God, etc.
{MOTION DIED for lack of a second.)
Councilman Nader supports the stated intent of Councilman
Malcolm's motion on the floor but finds it insufficient to
carry out the intent.
VOTE ON THE MOTION ON THE FLOOR
MUIIUN ~AR~I~S. (Councilman Nader voted no)
Councilwoman McCandliss explained her goal to get the estate
lots constructed and lived in, and will review very carefully
to be sure they are the quality that would allow a good
market for the sale of phase 4.
MINUTES lO - February 2, 1988
MOTION
MSC (McCandliss/Moore) to add a new condition with the
suggested language on page 2 of Rancho del Rey's letter of
January 28, 1988, to state, "the prohibition of the issuance
of 20% of the building permits in the the multi-family area
of phase 2 until the final map record in phase 4 on the
"estate lots." (Councilman Nader voted no.)
VOTE ON THE RESOLUTION 18a AS AMENDED, AND RESOLUTION 18b
MOTION CARRIED (Councilman Malcolm voted no.)
Councilman Nader questioned the Resolution in item 19 as it
pertains to landscaping of the trail systems and whether or
not irrigation would be required. Tony Lettieri, Consultant
explained that the Design Guidelines give parameters on
landscaping stating that, if next to canyon it would be
natural vegetation, but that other landscaping plans are not
scheduled to come before Council. Councilman Malcolm
requested staff to place a copy of the landscaping plans on
his desk for review at the time they are received.
VOTE ON RESOLUTION IN ITEM 19a
MOTION CARRIED (Councilman Malcolm voted no.)
20. PUBLIC HEARING CONSIDERATION OF COASTAL DEVELOPMENT
PERMIT FOR THE CAL-LIFT MONUMENT SIGN
AT THE NORTHEASTERN CORNER OF
BROADWAY AND C STREET (Director of
Community Development)
RESOLUTION 13445 ISSUING THE COASTAL DEVELOPMENT
PERMIT NUMBER 37 FOR THE CONSTRUCTION
OF THE CAL-LIFT MONUMENT SIGN
This being the time and place as advertised, the public
hearing was declared open.
Director of Community Development Desrochers reported that
the proposal, which is exempt from environmental review, is
to construct a 50 square foot, 13 foot high monument sign at
the northeast corner of Broadway and C Street. The project
site is located within the Inland Parcel subarea of the Chula
Vista Local Coastal Zone and is subject to the regulations of
the Bayfront Sign Program.
There being no others to speak for or against this item, the
SC
public hearing wa losed.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the
text was waived by unanimous consent, passed and approved.
(Councilwoman McCandliss out)
MINUTES ll ~ February 2, 1988
21. ORAL COMMUNICATIONS
Sam Mullis, 66 Oxford Street, 92011, reported to Council that
the ditch at the rear of his home which was addressed at the
meeting of January 26, had flooded in such a way that his
home has sustained major damage, he has experienced loss of
personal keepsakes and treasures and is presently attempting
to do something about the problem.. Mr. Mullis emphasized
his attempts recently and for previous years to have the City
address the problems in the area.
Councilmembers discussed the urgency of action on the part of
the City to protect the neighboring citizens.
City Manager reported that the plan was to report on this
issue at the meeting of February 9th, and Public Works
Operations Director Swanson reported that his workers were at
the site today attempting an interim solution by applying
sandbags on the levee and with investigation of constructing
a path for overflow water.
City Manager Goss reported that the immediate action needed
by staff was to divert the water around the ditch and a
possible permanent solution will be investigated immediately.
Council was reminded that drainage channels in the area have
been included in the Capital Improvements Program to be
discussed in Budget sessions but which could be speeded up.
The Mayor reminded Mr. Mullis that annexation of the
Montgomery area has not brought unexpected problems for the
City of Chula Vista, that this problem will be addressed
immediately but the long term problems will have to be dealt
with at budget time and possibly by shifting priorities. The
Mayor assured Mr. Mullis that the area will be brought up to
City standards.
PULLED ITEMS
3b. REQUEST BY THE MOBILEHOME ISSUES COMMITTEE TO RESCIND
SECTION 9.50.0154 TO INCLUDE ITS CONTENTS IN A SEPARATE
CHAPTER PERTAINING TO RECREATIONAL VEHICLES. Mobilehome
Issues Committee, Will T. Hyde, Chairman, 803 Vista Way,
Chula Vista, CA. 92010.
Clarification of the letter request was forwarded to City
Council Members recommending that the proposed changes be
forwarded to the City Attorney's office for review to
determine the legal feasibility of amending the code as
proposed.
Reverend R. Flaugher, 1100 Industrial Boulevard, 92011,
restated his position as stated in his letter and urged
Council to "not fix an ordinance that is presently working".
MINUTES 12 - February 2, 1988
MOTION
MSUC (Malcolm/Moore) to accept the staff report.
c. REQUEST FROM CITY OF SANTEE FOR SUPPORT IN OPPOSING THE
COUNTY 600-BED TEMPORARY MEN'S JAIL FACILITY AT LAS COLINAS -
Jack Doyle, Mayor, 10765 Woodside Avenue, Santee, CA.
92071-3198.
Staff recommended this letter request be rescheduled for
discussion in two weeks in order to receive input from the
County regarding their proposal for this expanded facility at
Las Colinas.
MOTION
M"~'Oi~'[Malcolm/Nader) to file this request.
e. REQUEST FOR RECONSIDERATION OF THE CLOSURE OF AL's
TRAILER HAVEN Don Dulko, 4 Broadway, S-7, Chula Vista, CA.
92010.
Staff recommends that a letter be transmitted to Mr. Dulko,
along with the status report regarding the Relocation Park,
indicating the City is not in a position to oppose the
closing of the Park, but is taking steps to assist the
residents of the Park to find other housing upon its closure.
Councilman Moore questioned staff's assistance for relocation
of park residents. City Manager Goss reassured that the
letter to be sent would be in more detail reporting on the
status of the Relocation Park and that the owner of the Al's
Trailer Park will be working with staff on a relocation plan.
MOTION
MSUC 1Moore/McCandliss) to accept staff's recommendation as
amended.
g. REQUEST THAT ATTENTION BE GIVEN TO THE TRAFFIC SITUATION
AT MELROSE AND L STREETS - Gene Pierson, 972 Melrose Avenue,
Chula Vista, CA 92011-2336
Staff recommends referral of this request for a traffic
signal review to be considered by Council when looking at the
Capital Improvements Projects budget for 1988-89; and that
Mr. Pierson be given written notice of this date.
Councilman Moore referred to staff's in depth report on the
traffic problems in this area, and is cautious a traffic
light study might mislead the citizens. City Manager
explained techniques that staff is looking at to manage the
traffic in the area.
MOTION
MSUC (McCandliss/Malcolm) to accept the staff recommendation.
MINUTES 13 - February 2, 1988
h. BOARD OF ETHICS UNSCHEDULED VACANCY BY RESIGNATION OF
MEMBER Jacqueline Waleski, 463 D Street, Apt. 4, 92010
Staff recommends that this letter of resignation be accepted
with regret and that a letter of appreciation be transmitted
to Jacqueline Waleski commending her on her service to this
Board.
MSUC {Nader/Cox) that the vacancy be posted in accord with
the notice before Council, and that a letter be sent to the
present Presiding Judge outlining the previous procedure for
filling vacancies on the Board of Ethics, requesting him to
interview as he deems appropriate making a recommendation to
Council.
4. RESOLUTION 13446 ACCEPTING BIDS AND AWARDING CONTRACT
FOR PARKWAY GYM FOUNDATION
IMPROVEMENTS IN THE CITY OF CHULA
VISTA {Director of Public
Works/Director of Parks and
Recreation)
Staff reported the work will involve the removal and
subsequent refilling of approximately 250 cubic yards of dirt
and removal of approximately 1,350 sq.ft. of concrete slab.
The excavation, recompaction and pouring of concrete will
take 10 days, followed by a 28 day curing/drying period for
the concrete slab. The wood floor replacement work will then
resume and take approximately one month to complete. To
expedite the project informal bids were solicited from three
contractors who specialize in restoring concrete slabs.
Staff recommends Council award the contract the qualified low
bidder for the improvements and transfer $44,190 funds from
the capital improvement projects.
Councilwoman McCandliss questioned the basic drainage work
will cost to avoid this problem in the future. Director of
Parks and Recreation Mollinedo reported they will be coming
back to Council with the solution. The present problem is
being treated in the interim by rerouting the water to the
parking lot, hoping to come up with a comprehensive approach.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of
the text was waived by unanimous consent, passed and approved
unanimously
Councilman Malcolm questioned the cause of the moisture not
being determined before the work being done. Director
Mollinedo reported that if the gutter system is rerouted,
there is assurance it will solve the problem. Other possible
causes have been investigated and tested which proved
negative.
MINUTES - 14 February 2, 1988
7. REPORT ON THE FORMATION OF GROWTH MANAGEMENT
OVERSIGHT COMMITTEE (Director of
Planning)
On November 17, 1987, Council authorized the formation of a
Growth Management Oversight Committee to provide an annual
review of the General Plan implementation and
threshold/standard evaluation. Staff recommends that Council
direct the City Clerk to post the position vacancies and that
letters, under the Mayor's signature be directed to go to
appropriate special interest groups to be represented. Staff
further suggests memberships be limited to residents living
within the Chula Vista Planning Area/Sphere of Influence Area
and that April 1, 1988 be established as a response deadline.
It is proposed the group would begin meeting this spring and
interface with the City's Growth Management Program
preparation (consultant selection and startup within 30-45
days) and staff working on quantification of and preparation
of the various data sources required.
MOTION
MSUC (Malcolm/McCandliss) that a requirement be made of the
Growth Management Oversight Committee that the members be
Chula Vista residents.
Councilman Moore commented that applications should be opened
to any religious, social services or athletic groups, and
City Manager Goss answered the Councilman's concern relative
to the schedule after the Committee is formed, confirming
that the results of their study would be ready for fiscal
year 1989-90 budget.
MOTION
MSUC (Cox/Moore) to accept the report as amended.
12. REPORT GRADING DEVIATION POLICY EVALUATION
(Director of Parks and Recreation)
Director of Parks and Recreation Mollinedo recommended
Council accept the report to modify the Grading Deviation
Policy to facilitate the sale of open space property to
eligible homeowners with the following elements of the Policy
by (1) Elimination of the provision of a 50% plus one of
respondents of a mail in ballot; and (2) Elimination of an
environmental review prior to sale.
Jean Kuebler, 948 Buckaroo Lane, 92002, reported she would
like to acquire the lot which is at the rear of her home and
which she has maintained for 13 years. Now that the
opportunity exists, Mrs. Kuebler finds the guidelines
prohibitive, and requested Council to modify the present
grading plan
MINUTES 15 - February 2, 1988
James H. Johnson, 424 Stoneridge Court, Bonita and who lives
in Open Space District 4, stated that the residents of open
space districts purchased homes with the understanding that
certain land in and around their homes was for the benefit of
all. (Councilman Malcolm questioned the pool, referred to
Mr. Johnson as being in the proposed open space area. City
Manager Goss explained that this is a recommendation to
modify the policy and, if not, the City Manager suggested
item be disclosed in closed session.)
Jan Perdue, 902 Buckaroo Lane, stated opposition suggesting
that the policy should be made strict enough that the
homeowners do not acquire the open space land.
Councilwoman McCandliss questioned the advisability to
eliminate the environmental review, which was confirmed by
staff to cost $400 and, since it has minimal impact to the
general public, not required. Further, Councilwoman
McCandliss recalled that the sale was not to be "facilitated"
but to be "allowed" because of unusual circumstances with
restrictions to assure individual not take land that would
become valuable in the future.
MOTION
MSUC (Nader/Malcolm) to rescind the policy for the sale of
Open Space. (MOTION FAILED - Councilmembers Moore and
McCandliss and Mayor Cox voted no.)
MOTION
~[~l~t~"CCox/McCandliss) to file the report.
14. REPORT REFERENCING A REQUEST TO ESTABLISH
CARDROOM WITHIN ELKS LODGE #2001
Mayor Cox, as a member of the Elks Lodge, announced that the
will not participate in the discussion and turned the Chair
over to Mayor pro Tempore Malcolm.
After a review of the positions of other cities on this
subject, staff recommends Council deny the request. Chula
Vista Ordinance on cardrooms states that they must be open to
the public and the number of cardrooms is tied to the
population allowing only one cardroom per 40,000 population.
Granting this request of the Elks Lodge would be a precedence
causing Chula Vista to be obligated to grant cardroom
licenses to any service or fraternal organization. Further,
any increase in the number of cardrooms would create
complicated policing problems.
The City Attorney explained that in this particular case, the
Elks Lodge has applied for a State Gaming License which has
been deferred by the State dependent upon whether or not they
obtain a local cardroom license.
MINUTES 16 - February 2, 1988
Norman Skelton, 129 Cedar Avenue, Elks Lodge 2011, gave a
short history of the Order of Elks to orient Councilmembers
with the aims of their organization and their many and varied
contributions to charity, which totalled $71,315,100 in
1987. Mr. Skelton admitted that the Elks members have
recently found that they have been playing cards illegally
within the City but reported the limits set by their Lodge to
be either ten cents or one dollar, that members only can
play, and 10% of the purchase of chips go to charity.
Michael Katras, 3027 Plaza Anita, Bonita, a member of the
Elks Lodge, reported that the Lodge 2011's card playing
activity ceased more than one year ago when it was pointed
out that it was illegal in this City without a license.
Based on the fact that the activity is for the enjoyment only
of Elk members and not for profit, Councilmembers were urged
to grant this license to his fraternal organization, stating
that the State Gaming Board would police the activity, and
referring to action taken by neighboring cities.
Councilman Malcolm questioned Police Captain Hawkins relative
to the ability of policing the operation, the advisability of
having a policy for the City in this regard and the possible
number of fraternal organizations that would be included.
City Manager Goss stated concern that organizations not
properly motivated might be included in this policy, and that
if desired, the policy should be written to distinguish from
such organizations.
Captain Hawkins further stated his view of this request as
being similar to requests for bingo suggesting incorporating
the possibility of incorporation into that or a like permit,
which suggestion, (as stated by the Assistant City Attorney)
would have to looked at for legal issues, as well as
potential problems regarding equal protection.
Councilmembers discussed this concept and making the policy
stringent enough for inclusion of requests as being now
considered without being detrimental.
MOTION
MSC (Malcolm/Moore) to refer back to staff to come back with
appropriate conditions that the Planning staff, Police
Department, etc. believe are appropriate if the City were to
grant this particular permit. (Mayor Cox absent}
Councilman Nader stated support of the motion and his
concerns to distinguish between non-profit organizations,
that there be no barrier for access by Police to members-only
clubs; that a very low limit be established to discourage
profiteering; and that staff look at charging an appropriate
fee for the license so that acceptance would not get in the
way of whatever action the Police Department feels is
appropriate; and that the staff report include
recommendations from the Police Department.
MINUTES - 17 February 2, 1988
16. REPORT ON REQUEST BY RON HELDERLEIN FOR
APPROVAL OF MAP IDirector of Public
Works)
The land in question, owned by Albert and Margie Fuentez, was
divided in 1979 and as a condition of that parcel map the
Fuentez was required to put in street improvements which
would require them to remove an existing garage because it
encroached in the proposed street right-of-way. Without
installing the required improvements, Fuentez sold the lot
which contained the garage and the buyers contend that they
were never told about the need to have the garage removed.
The Fuentez and the buyers have been unable to resolve this
problem for an extended period of time and it appears that
it's going to result in a lawsuit. The staff recommendation
is to deny issuance of the building permit on either parcel
until the garage problem is resolved and improvements
installed or assured.
Ron Helderlein, 615 Law Street, San Diego commented on the
issue and that a garage situated on the City's property
restricts him from subdividing.
Director of Public Works Lippitt reported the position of the
City when the parcel was split into two, the conditions were
placed, as allowed by the Subdivision Map Act, that the
street improvements be installed in the area on which the
garage is now situated, and that the original parcel map is
still in force since the improvements have not been
accomplished.
Larry Smith, 110 Minot, original owner of the property in
1979, reported that the Fuentez' bought one parcel, and no
one, at that time, was advised of the garage encroaching on
City property. It was seven years later, when Mr.
Helderlein, who bought the second parcel, advised that he
intended to subdivide that Mr. Smith was advised of the
problems involved.
Councilman Malcolm reiterated that the street improvements
are needed as of the unsafe area and since it was a condition
of the map, the ~uentez knew they had to do that when they
sold the property to Mr. Smith.
Dan Abbott, 678 Friars Road, Attorney for the Fuentez',
attempted to clarify that in 1979, the ~uentez received
approval to divide the property into two parcels. the City
required and the ~uentez agreed to dedicate land of 5.5 feet
of their property on both parcel 1 and parcel 2.
MOTION
MSU"~'~'CT'~Malcolm/Moore) to deny the issuance.
MINUTES - 18 February 2, 1988
MOTION
MSUC (Malcolm/Nader) for staff to bring back a report, if the
garage encroaches on the.City's Right of Way and the City
would like the road improvements done, that the City
Attorney's recommendations be brought forward to red-tag the
building or to do whatever is required for its removal.
22. REPORT OF THE CITY MANAGER
a. Scheduling Council Meetings Reminder that at 7:00 p.m.,
February 3, in the Council Conference Room, of the General
Plan Update and review of the scenarios of the General Plan.
b. Introduction of two new staff people - Dawn Herring,
Principal Management Assistant for the Police Department, who
comes from the City of San Diego; and Regina Chammas,
Assistant Finance Director, who comes from the firm of Touche
Ross as an Audit Manager.
23 MAYOR'S REPORT
a. Scheduling of interviews for Port Commissioner 14
persons have submitted their applications.
MOTION
MSUC ICox/McCandliss) to schedule interview sessions for
Saturday, February 20th at 8:00 am.
b. Scheduling of interviews for Members of Montgomery
Planning Commission two vacancies exist, and interviews
will be scheduled after the closing date of February 15,
1988.
c. Ratification of appointment to International Friendship
Commission -
Councilman Nader questioned and it was confirmed that the
applicant was interviewed. The Councilman suggested a
revision to the application form to reflect the applicant's
qualifications.
MOTION
MSUC ~Malcolm/Moore) to ratify the appointment of Lee Ann
Decker to the International Friendship Commission
24. COUNCIL COMMENTS
COUNCILMAN MALCOLM:
a. Bonita Annexation issue - Mayor Cox reported that the
proponents of the annexation have made contact with the Local
Agency Formation Commission (LAFCO) and expressed desire to
schedule the issue for November 1988. LAFCO has made contact
with staff to request information to complete the report to
be reviewed by Council in early March.
MINUTES 19 February 2, 1988
b. Walkway in the area of Glenn's on Third Avenue - People
are not adhering to the stop sign, and Councilman Malcolm
suggested speed bumps to counteract any danger, and requested
this item be placed on the agenda at the next meeting.
c. State of the City r Councilman Malcolm expressed his
enjoyment of the Address and the concept of the Task Force
2000, stating that he is anxious to participate. Mayor Cox
suggested that Councilmembers offer suggestions on how to
implement that.
COUNCILWOMAN McCANDLISS:
d. Commented on the State of the City address, as being well
done with the goals for 1988 as reasonable, most of which
have already been started..~ Mayor Cox requested that SANDAG
set up an interjurisdictional Task Force between the City of
San Diego, the County of San Diego to develop an open space
corridor plan.
George Wingate, 789 Brightwood, addressed Council to address
the parking adjacent to Chula Vista High School, unaware that
the item had passed with the Consent Agenda. Councilmembers
confirmed that Mr. Wingate had a copy of the staff
recommendation and apologized for his long wait.
ADJOURNMENT AT 8:00 p.m. to convene as the Redevelopmerit
Agency to meet in Closed Session to deal with matters of
potential property acquisition regarding 280, 282, and
281-285 Landis Avenue {Mr. Christian, Dr. Lopez and Mr.
Grant).
ADJOURNEMT AT 8:20 p.m. to the 7:00 p.m. meeting of the
Redevelopment Agency in Joint Session with the Design Review
Commission, and to the 7:00 p.m. General Plan Update Meeting
on February 3rd in the Council Conference Room, and to the
Regular meeting at 7:00 p.m. on February 9th.
Jennie M. Fulasz, CMC
, ? ~ CITY CLERK
~'ean Fortune, CMC
Deputy City Clerk
1156C