HomeMy WebLinkAboutcc min 1988/02/09 7pm MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
The City Council met at 5:30 p.m.
to continue discussion on the General Plan Update.
Tuesday, February 9, 1988 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Councilmembers Nader, Councilman Malcolm
(who arrived at 7:30 pm), Mayor Cox, and
Councilmembers Moore and McCandliss
MEMBERS ABSENT: None
STAFF PRESENT: City Attorney Harron, City Manager Goss,
Deputy City Manager Morris
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES
MOTION
MSC (Moore/Nader) to approve the Minutes for the meetings of
January 26, 28 and February 2, 1988. (Councilmember Malcolm
absent.)
2. SPECIAL ORDERS OF THE DAY
a. OATH OF OFFICE Lee Ann Decker to the International
Friendship Commission (Continued to the meeting of February
16th.)
b. PRESENTATION BY JUNIOR MISS
Mandy Miller, 46 Alvarado Place, related her experiences at the
State competition in Santa Rosa which recognized accomplishments
of Senior girls. Ms. Miller presented Council with a copy of the
program which notes her sponsorship by the City of Chula Vista,
and expressed her appreciation to Councilmembers for this
opportunity.
CONSENT CALENDAR (Items 3a 19)
Pulled items: 7, 14, 16, 18, and 19. Item 9 requires a 4/5 vote
as an appropriation of funds and item 12 requires a 4/5 vote as an
Interim Ordinance.
MSC (COX) to approve the Consent Calendar, the reading of the
texts waived, passed and approved. (Councilman Malcolm absent)
MINUTES -2 February 9, 1988
3. WRITTEN COMMUNICATIONS
a. RESIGNATION FROM CHARTER REVIEW COMMITTEE Frank A. Scott, 5
E. Sierra Way, Chula Vista 92011
Council accepted the resignation with regret and directed that a
letter of commendation for service on this Committee be sent to
Mr. Scott. Notice of three vacancies on this Committee has been
noticed with a filing deadline of February 8, 1988.
b. CLAIMS AGAINST THE CITY Ms. Elaine Katzer, c/o Peter H.
Karlen, Attorney at Law, 1205 Prospect Street, Suite 400K, La
Jolla, CA 92037
Council denied the claim based on the questionable liability on
the part of the City.
4a. RESOLUTION 13447 ORDERING CHANGES AND MODIFICATIONS IN
PROCEEDINGS AND ASSESSMENTS IN A SPECIAL
ASSESSMENT DISTRICT PURSUANT TO THE
MUNICIPAL IMPROVEMENT ACT OF 1913
(Director of Public Works/City Engineer)
b. RESOLUTION 13448 MODIFYING RESOLUTION 12853 BY REDUCING THE
REIMBURSEMENT AMOUNT FOR TWO PARCELS IN
THE LAS FLORES DRIVE AND "D" STREET
REIMBURSEMENT DISTRICT
The resolutions modify the assessment for two parcels and Council
approved the reimbursement amount for the two parcels.
5. RESOLUTION 13449 ACCEPTING PUBLIC IMPROVEMENTS -
RESURFACING OF TENNIS COURTS AND
MULTI-PURPOSE COURTS AT VARIOUS LOCATIONS
IN THE CITY OF CHULA VISTA (Director of
Public Works/City Engineer/Director of
Parks & Recreation)
Council accepted the contract work; all work was found to be
completed in accordance with the contract specifications and to
the satisfaction of the City Engineer.
6. RESOLUTION 13450 ACCEPTING PUBLIC IMPROVEMENTS -
MODIFICATION OF EAST "H~ STREET CENTERLINE
MEDIAN AT AUBURN AVENUE IN THE CITY OF
CHULA VISTA, CALIFORNIA (Director of
Public Works/City Engineer)
Council accepted the contract work. Although the work does not
measure up to the quality normally accepted, its finished
condition does not justify requiring the contractor to remove it.
The ride quality of the road's surface is acceptable in view of
the fact that the City will be overlaying the road when trenching
for a water line is completed.
MINUTES -3 - February 9, 1988
7. RESOLUTION APPROVING THE MEMORIAL PARK MASTER PLAN
(Director of Parks & Recreation)
Pulled from the Consent Agenda.
8. RESOLUTION 13451 ACCEPTING GRANT OF EASEMENT FROM HIGHWAY
INN, INC. FOR STREET RIGHT-OF-WAY ON THE
NORTH SIDE OF ARIZONA STREET FOR 946
BROADWAY (Director of Public Works/City
Engineer)
One of the conditions of the building permit application to
construct the motel at 946 Broadway was that a 6 foot strip be
dedicated fronting the property along Arizona Street and to
provide a half-width of 36 feet for an industrial road. The
owners of the property being developed are required to dedicate
the necessary rights of way.
9. RESOLUTION 13452 PROVIDING FOR THE SPECIAL APPROPRIATION OF
FUNDS FOR 2-WAY FLASHING RED STOPS ON
THIRD AVENUE AT "D" STREET (Director of
Public Works/City Engineer)
Third Avenue is a north-south collector street. A review of the
City's accident records show that during the period between 1/1/84
to 9/14/87 there were a total of 12 reported accidents at the
intersection of Third and "D", none of which involved
pedestrians. The intersection will be placed on the traffic
signal priority list and be evaluated annually.
10. RESOLUTION 13453 ACCEPTING BIDS AND AWARDING CONTRACT FOR
PURCHASE OF TRUCK (Director of Finance)
Bids were received on January 15, 1988 for the purchase of 8
trucks:
Item Qt~ Description Department
1 1 Cab & chassis with 2 yd. dump body PW-Sewer Div.
2 3 Cab & chassis with 6-7 yd. dump body PW-Streets Div.
3 1 Cab & chassis with 12 yd. dump body PW-Sewer Div.
4 1 Cab & chassis w/utility body/compressor PW-Paint Div.
5 1 Cab & chassis with stencil/paint body PW-Paint Div.
6 1 Cab & chassis w/utility body PW-Const & Repair
7 1 Cab & chassis with utility body P&R-Parks Div.
8 1 Cab & chassis with utility body PW-Const.& Repair
Council awarded the following bids, which are acceptable to the
Director of Public Works:
Items 1 and 8 to low bidder, South Bay Chevrolet.
Items 2, 3, 4, 5, 7 to Fuller Ford, low bidder of items 3,
4, and 5, 7. Low bidder, Pressley Peterbilt did not meet engine
specifications on item 2; Fuller Ford, lowest qualified bidder,
exceeded requirement by 10 H.P.
MINUTES -4 February 9, 1988
Item 6 - to low bidder, De Anza Fleet.
Sufficient funds are provided in the budgets of the Equipment
Replacement Fund, the Sewer Service Revenue Fund the General
Fund, and the Public Works Construction Repair Division.
11. RESOLUTION 13454 AUTHORIZING DESTRUCTION OF CERTAIN
PERSONNEL DEPARTMENT RECORDS (Director of
Personnel)
The Resolution authorizes destruction of expired and obsolete
records.
12. INTERIM
ORDINANCE 2254 ESTABLISHING AN INTERIM DEVELOPMENT FEE TO
PAY FOR TRANSPORTATION FACILITIES IN THE
CITY'S EASTERN TERRITORIES - FIRST READING
& ADOPTION
The interim ordinance is good for thirty days and needs to be
readopted for an additional 30 days until the permanent ordinance
takes effect.
13 ORDINANCE 2253 AMENDING SECTION 1.20.020 AND CHAPTER 9.12
OF THE CHULA VISTA MUNICIPAL CODE BY
ADDING SECTIONS 9.12.250 THROUGH 9.12.230
REGULATING THE OPERATION OF CASINO PARTIES
- SECOND READING & ADOPTION (Director of
Public Safety)
The ordinance was placed on First Reading at the meeting of
February 2, 1988.
14. REPORT ON IMPROVEMENT OF EMERSON STREET FROM
FIFTH AVENUE TO 600 FEET EAST (Director of
Public Works/City Engineer/Community
Development Director)
Pulled from the Consent Agenda.
15. REPORT REGARDING A WRITTEN COMMUNICATION FROM MR.
JAMES REINHOLTZ (1110 PASEO MARGUERITA)
REQUESTING A STOP SIGN AT THE CORNER OF
PASEO DEL PASO AND PASEO MARGUERITA
(Director of Public Works/City Engineer)
Council accepted the Safety Commission's recommendation to not
install a stop sign at the intersection of Paseo del Paso and
Paseo Marguerita.
16. REPORT BOARD OF ETHICS VACANCY (City Attorney)
Pulled from the Consent Agenda.
MINUTES -5 - February 9, 1988
17. REPORT GATEWAY FAIR COMMERCIAL PROPOSAL AND
COMMUNITY PLAN AMENDMENT BY THE CITY OF
SAN DIEGO AT THE NORTHWEST CORNER OF PALM
AVENUE AND 1-805 (Director of Planning)
Council filed the report.
18. REPORT FLOODING AT 66 OXFORD STREET (Director of
Public Works/City Engineer)
Pulled from the Consent Agenda.
19. REPORT ARCHITECTURAL DESIGN AND CONSTRUCTION FOR
CITY PLAZA AT "F" STREET AND LANDIS AVENUE
(Director of Planning)
Pulled from the Consent Agenda.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
20. PUBLIC HEARING TO FORM CHULA VISTA OPEN SPACE MAINTENANCE
DISTRICT #19 (CORONA VISTA) (Continued
from the meeting of January 26, 1988)
(Director of Public Works/City
Engineer/Director of Parks & Recreation)
a. REPORT SHARING OF MAINTENANCE COSTS BY CORONA
VISTA SUBDIVISION OF ENTRYWAY IN OPEN
SPACE DISTRICT #4 (Director of Parks &
Recreation/Director of Public Works/City
Engineer)
b. RESOLUTION 13455 ESTABLISHING OPEN SPACE MAINTENANCE
DISTRICT #19 AND DIRECTING THE CITY CLERK
TO HAVE SAID RESOLUTION RECORDED
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Director of Parks and Recreation Mollinedo recommended Council
accept the report and not include "sharing" of maintenance cost in
the formation of Open Space Maintenance District #19. The fiscal
impact of sharing the maintenance cost of the entry area at
Ridgeview Way and Otay Lakes Road is minimal, and cost sharing
administration of open spaces between contiguous districts would
become unmanageable.
There was no one from the public to speak for or against this item
and the public hearing was declared closed.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved. (Councilman
Malcolm absent)
MINUTES -6 - February 9, 1988
At 7:20 pm, Councilman Malcolm took his seat.
21. ORAL COMMUNICATIONS
Petra E. Barajas, 1883 Gotham Street, 92010, spoke to Council as a
candidate for the U.S. Senate.
PULLED ITEMS
7. RESOLUTION 13456 APPROVING THE MEMORIAL PARK MASTER PLAN
(Director of Parks & Recreation)
Staff recommends approval of the master plan with the clock tower
feature and realignment of Park Way implemented when a more
detailed renovation program is evaluated. Further it is
recommended that the approved Master Plan retain the proposed
location for the restroom, the retention of the proposed
cobblestone channel, and that passive human activities be added to
the Master Plan.
CoUncilwoman McCandliss requested a general explanation of the
channel and Director of Parks and Recreation Mollinedo reported
the proposed channel to be 8' wide and 2' deep, to be a poured
concrete material with steel reinforcement topped with
cobblestones and designed to carry the existing flows.
MOTION
RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
Councilwoman McCandliss explained her motion included the
realization that the clock tower feature and the realignment of
Park Way can be addressed when the detailed renovation program
will be coming back to Council.
14. REPORT ON IMPROVEMENT OF EMERSON STREET FROM
FIFTH AVENUE TO 600 FEET EAST (Director of
Public Works/City Engineer/Community
Development Director)
A petition, filed with the Engineering Department in July 1987
requested improvements on Emerson Street. Based on staff's review
of responses from property owners, Staff recommends Council (1)
Direct staff to do no further work in regard to formation of the
assessment district until the project is evaluated in the City CIP
budget process and it is determined whether City financial
assistance is available, (2) Evaluate the possibilities of funding
this project through the neighborhood revitalization program, and
(3) Direct staff to include this as a possible project for
consideration at the Montgomery Planning meetings.
MINUTES -7 February 9, 1988
Councilman Moore questioned the possibility of qualification for
specific funds, and City Manager Goss explained the revitalization
program exists only in concept but is feasible.
MOTION
MS (Moore/Cox) to accept the staff recommendation.
AMENDMENT TO THE MOTION
MSUC (Moore/Cox) to accept the staff report and to modify No. 2 of
the recommendation to state "Evaluate the possibilities of funding
this project."
16. REPORT BOARD OF ETHICS VACANCY (City Attorney)
Staff recommends that Council fill the current vacancy on the
Board of Ethics from the remaining names on the list that was
prepared by Judge Gligorea, and that the Code be amended so that
future vacancies on the Board of Ethics, after the current list
has been exhausted, will be filled by a process where the Board Of
Ethics interviews applicants and selects candidates subject to
Council ratification.
Donald Swanson, Chairman of Board of Ethics, reported the Board's
recommendation that Council that the five remaining names on the
list selected by the Judge be placed in a container and the names
be drawn by the City Clerk and ranked with the first drawn being
offered the first vacancy. New applications should be submitted
to the presiding Judge of the San Diego County Municipal Court,
South Bay Judicial District for eligibility and screening.
Mayor Cox reminded that the vacancy has already been posted with a
deadline of February 15, which precludes any changes to the policy.
MOTION
MS (Malcolm/Nader) to continue with our process of opening the
vacancy and submitting the names to the Judge of the South Bay
Municipal Court to be interviewed and to recommend to the Board.
Councilman Nader suggested sending a cover letter recognizing it
is a cordial request and, alternatively, suggest that if the Judge
is so swamped with regular traditional duties, he might name
another appropriate person to perform that task.
RESTATED MOTION
MS (Malcolm/Nader) to direct the City Attorney to contact the
Judge of the South Bay Municipal Court to see if he willing to
interview and to recommend names to the Board of Ethics.
ADDITION TO THE MOTION
MS (Moore/Malcolm) that if no one submits an application, the
recommendation of the Board of Ethics will, then, be followed.
VOTE ON THE RESTATED MOTION AND ADDITION
MOTION CARRIED - All voting aye.
MINUTES -8 February 9, 1988
18. REPORT FLOODING AT 66 OXFORD STREET (Director of
Public Works/City Engineer)
Staff recommended that an ultimate drainage improvement project be
included as a Capital Improvement Program project in the FY 87-88
Five Year Plan, and that an interim project be considered for
immediate construction to avoid further flooding and erosion
problems.
Deputy Public Works Director of Operations Swanson reported the
accomplishments of staff on the interim project to allow the ketch
basin and drains to carry the flows, to divert the water from the
Mullis' home. Deputy Director Swanson stated the item would be
coming back at budget time when the Capital Improvement Project is
considered for the drainage needs of the City.
Councilman Moore suggested an investigation be made into the
ownerships of the neighboring lots in an attempt to point out
shared liability by others.
Sam Mullis, 66 Oxford Street, 92011, questioned the staff report
relative to the availability of funds, submitted a request to
review the historical data available to the City, and announced
his submission of an application to the Montgomery Planning
Group. Mayor Cox addressed Mr. Mullis' concerns assuring him that
public records and documents are available to any citizen. Mr.
Mullis was further assured that the City of Chula Vista did not
create the problem and before remedies are sought by the City,
procedures must be followed to assure there are not higher
priorities elsewhere.
Mayor Cox directed the City Clerk to notify Mr. Mullis when the
Capital Improvement Program consideration for the Montgomery
Community is scheduled to come before the Montgomery Planning
Group and when scheduled to come before City Council during the
next Budget Sessions.
MOTION
MSUC (Malcolm/Moore) to accept the staff report.
MOTION
MSUC (Cox/McCandliss) to direct the Risk Manager to look at this
particular area to see if there is a need for further protective
measures.
19. REPORT ARCHITECTURAL DESIGN AND CONSTRUCTION FOR
CITY PLAZA AT "F" STREET AND LANDIS AVENUE
(Director of Planning)
Director of Planning Krempl reported the history of events
relative to the subject project as well as measures to be taken to
prevent a recurrence of similar events.
MINUTES -9 - February 9, 1988
Director Krempl reported on three recent meetings with the
developer and the architect to look at the rendering, review what
was approved by Design Review Committee and the Agency, what was
submitted and permitted and, also, what was built in the field
based upon what was approved by the staff. No indication by the
architect was made that changes were made contrary to that which
was approved - but the plans were reviewed and approved by
staff. The building plans are in conformance with what was
constructed and the contractor is not in violation of the approved
building plans.
To prevent this circumstance from occurring in the future,
Director Krempl offered the following new department procedure.
One person would be designated to follow from inception through
completion through the initial preliminary work, the Design
Review process, review by the Agency and has major responsibility
along withe Plan Checker in looking at the plans once they are
submitted to the Building Department. Secondly, it is proposed to
add a stamp to the plans to verify the building plans are in
strict compliance with plans and conditions of the Design Review
Committee and the Agency. The Planning Director should have the
ability to authorize minor changes at staff level.
Addressing the project and changes made, Director Krempl
identified four which are significant and four minor adding that
staff is still generally pleased with the building. The Director
discussed with Councilmembers the lowering of the tower dome, the
window treatment being changed to shield light, the stucco
treatment on the front of the building, missing canopies on the
front of the building, and the addition of a fourth fireplace. It
was recommended to pursue those mentioned items, to add the
awnings, to address the minor items, and that Council authorize
full or partial occupancy permit and authorize 100% of residential
occupancy and 65% of commercial occupancy.
Nathan Adler, President of Adler Co., Inc., 4506 Bonita Road,
urged Council to authorize the occupancy permit as changes made
were an evolution of a series of Design Review Commission,
Redevelopment Agency, and Planning staff meetings.
Councilman Malcolm commented that mistakes were made on both sides
and suggested possible resubmission to the Design Review
Commission for input in an effort for mutual agreement recognizing
a time problem for the occupancy permit.
MOTION
MSUC (Cox/Malcolm) to accept staff's recommendation to grant
occupancy to all of the residential occupancy and to 65% of the
commercial occupancy, to accept staff's recommendations to
procedural changes as outlined, and to refer the question of the
window mullions/muntins to the Design Review Committee for
recommendations to be brought back to Council.
MINUTES -10 February 9, 1988
Mr. Hugh Christiansen, 376 Center Street, suggested staff
investigate the fence along the alleys (which appears to be put in
backwards), the 5' setback on the north side, and no setback in
the alley to enable cars making a turn in or out.
MOTION
(McCandliss/Moore) to refer Mr. Christiansen's comments to staff
for evaluation.
22. REPORT OF THE CITY MANAGER
a. Scheduling of Council meetings - In addition to Monday,
December 15th Community Forum at the Lauderbach Center, it is
proposed to consolidate the Redevelopment Agency Meeting with
that of Council on Tuesday, the 16th.
23. MAYOR'S REPORT
a. Ratification of appointment to Board of Appeals
MOTION
MSUC (Cox/McCandliss) to ratify the appointment of Louis LoCicero
the Board of Appeals.
24. COUNCIL COMMENTS
COUNCILMAN MALCOLM:
a. BREEZEWAY/WALKWAY OFF THIRD AVENUE (to parking lot at Landis)
Discussion centered on proposed stop sign on the pavement;
however, the danger in this area is that the building comes out to
the crosswalks and therefore, Councilman Malcolm suggested a speed
bump may be more advisable.
MSUC (Malcolm/Moore) to direct staff to install not just what is
legally allowable but the greatest amount of "speed bumps" in this
area.
City Manager Goss considered rows of "dots/bots" the noise of
which will call attention to the dangerous area, and Councilman
Malcolm agreed that staff will understand the intent of the
motion.
b. DAY CARE SIGN AT 618 FOURTH AVENUE
MSUC (Malcolm/Cox) to direct staff to come back with a report of
the problem with the subject sign and to include what the
applicant needs to be done for compliance.
MINUTES -11 February 9, 1988
c. CABLE WIRING ON EAST "H" STREET FOR ULTRONICS
Martin Altbaum, 581 "C" Street, 92010, Ultronics Inc.,
reported events which have prohibited him from undergrounding on
East "H" Street. Mr. Altbaum stated the developer gave him one
day's notice versus the month's notice given to his competitor,
that the City Engineering staff has not assisted him in ironing
out the problem and complications arose further because the
present application form addresses only his competitor.
MOTION
MS (Malcolm/Nader) to direct staff to inform the builders that the
City only wants one trench open and that all undergrounding is
done at one time, that if necessary an emergency ordinance be
brought back next week stopping the undergrounding on "H" Street
until Ultronics is given a reasonable period of time to provide
the undergrounding materials so that they will be in "H" Street,
and that staff report back as an information item to Council.
Director of Public Works Lippitt reported that in the past the
developer contacted the utilities and gives permission to open the
trench since it is inside the subdivision. "H" Street is a
dedicated right of way and the City now has a situation where
there are two cable companies which needs to be addressed.
Mayor Cox directed Senior Management Assistant Woods to review
the issue of the present application form to accommodate more than
two cable companies. Further, the Mayor addressed that Ultronics
has a franchise requiring reasonable progress in providing service
to the City and Mr. Altbaum states access to the trench in which
he must lay the cable is not open to Ultronics.
Calvin Oliver, 7777 Alvarado Road, La Mesa and Engineer for
Ultronics, addressed Councilwoman McCandliss' comment on the
possibility of delivery of cable to be within less than five
working days. Mr. Oliver also addressed the State's conduit
requirements for the different utilities within, stating it is his
opinion, based on years of engineering experience with the
Telephone Company, not to have more than one cable line in one
conduit because of possible maintenance or damaged problems.
VOTE ON THE MOTION
MOTION CARRIED. (Councilman Moore voted no.)
d. LARGE DAY CARE CENTER ON ARIZONA STREET
Director Krempl reported that subject day care centers are
allowed by the County under Administrative permit, and under City
zoning by Conditional Use Permit, that the subject has gone
through Staff and the Montgomery Planning Commission, both of
which opposed. as well as the City Planning Commission, which gave
approval. The reason for approval was that traffic is not listed
as a criteria for denial.
Councilman Malcolm expressed his concern with allowance of
this use on a cul-de-sac and suggested appeal by Council. The
Councilman stated his ageement with the Montgomery Planning
Committee's decision.
MINUTES -12 - February 9, 1988
Councilman Nader requested staff to bring back on the next
agenda consideration of an amendment to the ordinance which would
include traffic as a criteria on which to deny such a permit.
Councilwoman McCandliss confirmed with the City Manager that
issues are normally distributed in the Friday packet for
information and that any individual Member of Council can appeal
the decision.
Councilman Malcolm referred to the denial of a Church within
an R-1 zone and requested this be brought back to Council.
COUNCILWOMAN MCCANDLISS
e. Girls and Boys Club Van Agreement Request to be scheduled
for the February 16th Agenda.
f. Letter of information be directed to the Board of Appeals'
member who questioned the SDG&E gas line.
COUNCILMAN MOORE
g. Air Space American Show scheduled for May 13 to 22, 1988
Docket for the February 16th Agenda to consider support by and for
the City of Chula Vista to advertise both the Nature Interpretive
Center and the Visitors Center and requested that staff bring back
a recommendation.
City Manager Goss reported his meetings to date relative to
the traffic generated by this event on Otay Valley Road.
COUNCILMAN NADER
h. In review of the various Commissions as they relate to the
attendance policy, one Commission made a serious error on
Council's suggestion that "members attend three-quarters of the
time unless he/she provides an excused absence". This statement
was misconstrued to state that "with or without an exuse the
member should attend three-quarters of the time or be kicked
off." The Councilman suggested Commission Chairmen be advised of
the proper wording and further suggested reimplementation of a
Boards and Commissions Secretary to more uniformly communicate.
ADJOURNMENT AT 9:30 p.m. to the Community Forum meeting on
February 15 at 7 p.m. and to the regular meeting of February 16,
1988.
Jennie M. Fulasz, CMC
CITY CLERK
Deputy City Clerk
1159C