HomeMy WebLinkAboutcc min 1988/03/22 MINUTES OF A REGULAR COUNCIL MEETING
OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
At 6:30 p.m., City Council met-,to discuss Sierra Club v. Coastal
Commission, Sierra Club v. Marsh, U.S. Fish and Wildlife Service
v. Chula Vista, Unserved Voting Rights Act Case, Instructions to
Negotiators Pursuant to Government Code Sec. 54947.6, and
Potential Litigation.
Tuesday, March 22, 1988 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PPESENT: Councilmembers Nader, Malcolm, Moore and
McCandliss
MEMBERS ABSENT: Mayor Cox
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, City Attorney Harron
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES
MOTI{IN
MSUC IMcCandliss/Moore) to approve the Minutes for the Regular
Meeting of March 15 and the Adjourned Meeting of March 17, 1988
2. SPECIAL ORDERS OF THE DAY
RESOLUTION COMMENDING PHIL CREASER FOR HIS SERVICES
TO THE CITY OF CHULA VISTA ON THE SAN
DIEGO PORT COMMISSION
The presentation of this Resolution will be continued until after
the retirement of Commissioner Creaser in April 1988.
CONSENT CALENDAR (Items 3a - 12)
Pulled items: 5, 6, 8, 9, lO and 11.
BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR PRO TEMPORE
MALCOLM, the reading of the texts was waived by unanimous consent,
passed and approved unanimously.
3. WRITTEN COMMUNICATIONS
a. REQUEST THAT NOISE ORDINANCE BE EXTENDED TO INCLUDE SATURDAY
AND SUNDAY MORNINGS AND EVENINGS - J. H. Strasser, 584 Rivera
Street, Chula Vista
Council directed stat~f to bring back a modification to the nois'e
ordinance changing the Sunday starting hour from 7:00 a.m. to 8:00
a.m.
MINUTES -2- March 22, 1988
b. REQUEST TO ENFORCE ADEQUATE NOTICE TO TENANTS PRIOR TO OWNER
SELLING MOBILEHOME PARK Donald Dulko, 4 Broadway, S-7, Chula
Vista, CA 92010
Council directed the Community Development Director to respond to
the new issues raised in this letter.
c. COMPLAINT REGARDING LOW QUALITY OF LIVING CONDITIONS AT THE
SOUTH BAY DETENTION FACILITY - Mark Henry, Module 4-A Cell #5,
87-152369. 500 Third Avenue, Chula Vista 92010
Council directed that Mr. Henry's letter be acknowledged to advise
that a copy of his letter has been transmitted to Sheriff Duffy
asking him to look into the conditions alleged to exist at this
facility.
4. RESOLUTION 13489 APPROPRIATING $2,000 TO SUPPORT THE STATE
AND LOCAL LEGAL CENTER (Continued from
meeting of March 8, 1988) (City Attorney)
The Center is funded through a trust endowment from cities,
counties and State organizations and uses the interest from that
trust fund to support its activities. Arguments raised by the
Legal Center are frequently cited by the U.S. Supreme Court in
support of its decisions in favor of cities and other governmental
entities. When a city loses a case before the Supreme Court, it
can have severe economic consequences on all cities throughout the
country. The Center arrived at the amount of the requested
donation by using a sliding scale based upon population. Given
the success of the Legal Center, Council approved support as a
cost effective proposal.
5. RESOLUTION AMENDING CONTRACT TO COMPENSATE
SHORN/KAMINSKI ARCHITECTS FOR EXTRA
SERVICES IN THE DEVELOPMENT OF PLANS TO
REMODEL POLICE BUILDING (Director of
Public Safety)
Pulled from the Consent Agenda.
6. RESOLUTION APPROVING AGREEMENT FOR CONSULTANT
SERVICES GROWTH MANAGEMENT PROGRAM
(Director of Planning)
Pulled from Consent Agenda.
7. ORDINANCE 2258 REZONING THE PROPERTY AT 587 MOSS STREET
FROM RU29 RESIDENTIAL TO S-86 PARKING WITH
THE "D" DESIGN REVIEW DESIGNATION SECOND
READING & ADOPTION (Director of Planning)
The Ordinance changes the zone currently in effect at 587 Moss
Street from RU-29, residential to S-86 parking, adding the Design
Review special area regulation designator regulating parking,
landscaping, vehicular circulation, fencing, and street
improvements.
MINUTES -3- March 22, 1988
8. ORDINANCE AMEIJDING SECTIONS 19.24.020 AND 19.24.040
OF THE CHULA VISTA MUNICIPAL CODE DEALIHG
WITH LARGE FAMILY DAY CARE HOMES FIRST
READING (City Attorney)
Pulled from the Consent Agenda.
9. ORDINANCE RENUMBERING SECTION 10.52.450 TO SECTION
10.52.450 ANd ADDING 10.52.540 AND
10.52.460 TO THE CHULA VISTA MUNICIPAL
CODE RELATING TO PARKING PROHIBITION FOR
STREET SWEEPING FIRST READING (Director
of Public Works)
Pulled from the Consent Agenda.
10. REPORT REGARDING THE NEED FOR ADDITIONAL TRAFFIC
CONTROL DEVICES AT THE INTERSECTION OF "F"
STREET AND BROADWAY (Director of Public
Works)
Pulled from the Consent Agenda.
11. REPORT ADMINISTRATION OF TOW TRUCK POLICY
(Director of Public Safety)
Pulled from the Consent Agenda.
12. RESOLUTION 13490 EXTENDING CONTRACT FOR PLANNING SERVICES
OF MR. WILLIAM F. HEITER FOR THE
MONTGOMERY SPECIFIC PLAN AND APPROPRIATING
NECESSARY FUNDS THEREFOR (Director of
Planning)
Under the three-month extension of the subject contract Mr. Heiter
would work three days a week, and would receive 3/5th's of the
rate of compensation stipulated under the last extension of his
contract, dated December 15, 1987, plus a 5% cost of living
adjustment. His total compensation for the three months of
service would be $5,788.25, which amount would need to be funded
from the General Fund.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
13. PUBLIC HEARING ON PROPOSED REDUCED RATE SEWER SERVICE
CHARGE FOR LOW INCOME HOUSEHOLDS
(Continued from meeting of March 3, 1988)
(Director of Public Works/Director of
Finance)
ORDINAHCE 2259 ADDIHG SECTION 3.20.022 TO CHAPTER 3.20
SEWER REVENUE FUND TO PERMIT THE REDUCED
SEWER SERVICE CHARGE - FIRS? READING
MINUTES -4- March 22, 1988
RESOLUTION 13491 MODIFYING THE MASTER FEE SCHEDULE RELATIVE
TO THE REDUCED SEWER SERVICE CHARGE FOR
LOW INCOME HOUSEHOLDS
This being the time and place as advertised, Mayor pro tempore
Malcolm declared the public hearing open.
Director of Public Works Lippitt reported staff's view that the
reduced rate sewer service charge for low-income households and a
variable rate sewer service to encourage water conservation as
somewhat separate issues.
Director Lippitt recommended that Council adopt the fixed rate for
single family homes since staff was notified by the City of San
Diego that sewer treatment costs will increase, which fact makes
it apparent there will be an increase in rates next year - at
which time the variable rate can be considered. It was suggested
that Council could lower the rate to $6.10, and in order to give
the customers notice that the deadline be changed to July 30.
Bud Pocklington, 656 Glover Place, recommended that the City
pursue a variable rate as a way of conservation of water as has
been done in the City of San Diego and Otay area, and the public's
need for information on how to conserve water as well as
incentives to cut down on consumption.
Mayor pro tempore Malcolm commended Mr. Pocklington as Board
Member of the Sweetwater Authority for consolidation of bills to
the public by the Authority which saves the City considerable
funds.
There being no others to speak for or against this item, the
public hearing was closed.
Councilmembers discussed the interpretation for "low income"
designation, questioned whether mobilehome park tenants can get a
break since they are under one meter and the need to define "low
income people" to adequately reach them in a equal way.
A)IENDMENT OF THE ORDINANCE
MSUC (Nader/~alcolm) to amend the Ordinance to also include
Mobilehome Parks. (Councilmembers discussed the intent of the
motion would be to have the City Attorney draft language to
include all types of housing.)
MOTION
MSC ~'~ader/Malcolm) that the ordinance, as amended, be placed on
First Reading, the reading of the text was waived by unanimous
consent, passed and approved. IMayor pro tempore Malcolm voted no)
RESOLUTION OFFERED BY COUNCILMAN NADER, the reading of the text
was waived by unanimous consent, passed and approved. (Mayor pro
tempore Malcolm voted no)
MINUTES -5- March 22, 1988
Director of Finance Lyman Christopher reported there would be
difficulties with a requirement for an audit and suggested that a
line be inserted on the application for the applicant to certify
that their net worth does not exceed a specified amount.
MOTION
MS malcolm/Moore) to add another line for the applicants to
certify that they do not have assets in excess of $50,000.
MOTION
MS ~ader/Malcolm) to add another line for the applicants to
certify that their assets, not including the value of their
residence, are not in in excess of $30,000.
After discussion by all Councilmembers, Councilman Nader withdrew
his motion in favor of the following.
MOTION
MSUC INader/Malcolm) to make referral to staff to come back with a
report on appropriate ways of screening out those with ample
assets from this program; and also direct staff to come back
before such time as another rate increase is contemplated and in
any event no later than this summer with an ordinance to implement
a fee system based on water usage.
14. PUBLIC HEARING CONSIDERATION OF AMENDMENT #5 TO THE
CERTIFIED CHULA VISTA LOCAL COASTAL
PROGRAM (Community Development Director)
This being the time and place as advertised, Mayor pro tempore
Malcolm declared the public hearing open.
MOTION
MSUC (Malcolm/Nader) to continue this public hearing to the
regular Council Meeting of April 5, 1988.
15. ORAL CO~MUNICATIONS
Norman Ross, 2860 Sandover Court, Bonita, commented on assets of
$100,000 at 7% interest would produce an income of $7,000 per
year, and suggested staff take something like this and social
security income into consideration when considering criteria for
the reduced rate charge for sewer service.
PULLED ITEMS
5. RESOLUTION 13491 AMENDING CONTRACT TO COMPENSATE
SHORN/KAMINSKI ARCHITECTS FOR EXTRA
SERVICES IN THE DEVELOPMENT OF PLANS TO
REMODEL POLICE BUILDING (Director of
Public Safety)
MINUTES -6- March 22, 1988
As the project has progressed, staff has identified several
factors which require a change in the original scope which require
the expenditure of additional funds for architectural and
engineering services (movement of computer and celated equipment
to the basement; provision of an uninterruptible power system for
the City's main frame computer; additional engineering services
for UPS study and revision of console RFP specifications;
additions to the design area of the remodeling project). Funds
are available in the Public Safety Communications Center Project
PS-102.
Councilman Moore requested a report to come from the City Manager
relative to increased costs.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
MOTION
MSUC (Moore/McCandliss) to direct the City Manager to update
Council as to costs of the modifications to the Police Department
Building.
6. RESOLUTION 13492 APPROVING AGREEMENT FOR CONSULTANT
SERVICES GROWTH MANAGEMENT PROGRAM
(Director of Planning)
An interview panel consisting of seven staff representatives from
the City of Chula Vista, City of San Diego, County of San Diego
and SANDAG evaluated the candidates' experience, capacity and
qualifications to undertake the project and determined that
WILLDAN and Associates and Infrastructure Planning and Finance
possessed the best qualifications to carry out the project. The
Growth Management Program will bring together a number of key
components to properly manage the City's growth and development.
Funds have been budgeted in the FY 87-88 Capital Improvement
Budget for this project.
In answer to Councilman Moore's questions, Bud Gray, Planning
Department Consultant, reported that the open space and scenic
highways are more appropriately addressed in the General Plan and
that the main intent of Growth Management Program is to look at
the overall public services aspect of growth to make certain that
land development is properly served.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
In answer to Councilwoman McCandliss' question, Director of
Planning Krempl described the criteria for selection to be the
written material submitted, the work program and the oral
interview.
8. ORDINANCE 2260 AMENDING SECTIONS 19.24.020 AND 19.24.040
OF THE CHULA VISTA MUNICIPAL CODE DEALING
WITH LARGE FAMILY DAY CARE HOMES - FIRST
READING (City Attorney)
MINUTES -7- March 22, 1988
The ordinance amends the Municipal Code to state that large family
day care homes are a primary use in the R-1 zone subject to stated
regulations rather than a conditional use. Health and Safety Code
Section 1597.46 limits consideration to standards concerning
spacing and concentration, traffic control, parking, noise control
and regulations adopted by the Fire Marshal.
The City Attorney responded to Councilwoman McCandliss' question
explaining the State law allows a City to issue non-discretionary
permits based upon set standards, and the Municipal Code is being
amended to be brought up to date at this time.
ORDINANCE OFFERED BY MAYOR PRO TEMPORE MALCOLM, the reading of the
text was waived by unanimous consent, passed and approved
unanimously and placed on First Reading.
9. ORDINANCE 2261 RENUMBERING SECTION 10.52.450 TO SECTION
10.52.450 AND ADDING 10.52.540 AND
10.52.460 TO THE CHULA VISTA MUNICIPAL
CODE RELATING TO PARKING PROHIBITION FOR
STREET SWEEPING FIRST READING (Director
of Public Works)
The ordinance prohibits the parking of vehicles only during
certain hours of certain days for the purpose of street sweeping.
Director of Public Works Lippitt reported the amendment results
from a complaint by a resident which in the future will be
expanded. Mayor pro tempore Malcolm stressed the cost
effectiveness of street sweeping to protect the City's major
investment in the street system, as well as for the aesthetic
reason.
ORDINANCE OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously, and placed on First Reading.
lO. REPORT REGARDING THE NEED FOR ADDITIONAL TRAFFIC
CONTROL DEVICES AT THE INTERSECTION OF "F"
STREET AND BROADWAY (Director of Public
Works)
Deputy Director of Public Works Tom Garibay reported the results
of accident data at this intersection over the last 2 years as a
result of Council's request to review "F" Street and Broadway.
The intersection does not justify the need for left-turn phasing
to be installed at this time; however, the intersection will be
included in the priority list and studied every year.
~OTION
MSUC (McCandliss/Malcolm) to accept the staff recommendation and
have this intersection come back at Budget with the comparative
data for other intersections.
ll. REPORT ADMINISTRATION OF TOW TRUCK POLICY
(Director of Public Safety)
MINUTES -8- March 22, 3988
City Attorney Harron reported that, based on State authorization
to regulate towing businesses within the City, Council can control
the number of businesses with which to enter into contract.
Duane W. Pudgil, 278 San Miguel Drive, representing South Bay
Towing, referred to his request to put this on hold for ninety
days for study by staff to justify the addition of tow companies.
MOTION
MSUC {Malcolm/Moore) to reconsider Council's policy of May 1984,
to put a hold on any new approvals for the tow list, and to direct
staff to bring back a report, as soon as it can be prepared, with
the recommendations - pros and cons - to enact a different policy.
16. REPORT OF THE CITY MANAGER
a. Scheduling Council meetings General Plan Update is scheduled
for 7:00 p.m. on Thursday, March 24.
Recommend that a portion of the Closed Session for this
meeting be adjourned to Thursday for the purpose of meeting
Meet and Confer.
c. Extension of contract for the Planning Consultant will not
relieve the need for the Planning Assistant.
17. MAYOR'S REPORT Mayor pro tempore Malcolm reported under
Council Comments.
18. COUNCIL COMMENTS
COUNCILMAN MALCOLM
a.(For information only)
AB 3880 (Bradley} Abandoned Vehicles
AB 5421 (Hannigan) Transient Occupancy Tax {TOT)
S 2062 Gas Tax Regulations
b. Loan Payback options under community housing improvement
program (CHIP) The citizens of Chula Vista are able to
obtain money from the City by loan to build a home. The
problem was reported that when the person dies the heirs get
the home and the City has no return, and the present need for
modification of the program.
MOTION
MS ~lcolm/Moore) to direct staff to set a Council Conference
regarding the CHIP program sometime within the next six months.
Councilmembers agreed with the need for a staff report and
suggested a revision to the CHIP manual relative to repayment or
share in the profits on new construction, taking into
consideration that the heir is sometimes a low-income the wife
and/or child, and the fact that when the home sells the City is
not the recipient of the appreciation.
MINUTES -9- March 22, 1988
AMENDMENT TO THE MOTION
MSUC /Nader/Malcolm) to direct staff to report in writing first
and examine if the need exists for a Council Conference.
VOTE ON MOTION AND AMENDMENT TO MOTION
Motion as amended carried unanimously.
c. Increasing the number of units for senior housing in Chula
Vista - A need to solve this situation was stated as not being
included in the Mayor's "2000 Program"; new emphasis on a
previous referral to staff, which has not come back, for new
design criteria and required amenities for each unit; and the
need for rules and guidelines for the developers.
MOTION
MSUC (Malcolm/McCandliss) to direct staff to come back within the
next ninety days with a policy for Senior Housing and the
possibilities of addressing the concerns of our aging population.
Councilmembers discussed standards, parking and density
consideration.
d. Direction to staff to look at the "G" Street area be examined
for an oral report at the Capital Improvements Budget
Sessions.
MOTION
MSUC (Malcolm/McCandliss) to direct staff to review the "G" Street
Flooding Problem.
COUNCILMAN NADER:
a. Ratification of appointments to Youth Commission Pulled in
view of new applications received. The names of the
applicants will be submitted along with the ratification of
appointments at a future date.
ADJOURNMENT AT 8:13 p.m. to the Adjourned Closed Session to
discuss Meet and Confer immediately following the scheduled March
22 Redevelopmerit Agency Meeting, and to the General Plan Update
Adjourned Meeting at 7:00 p.m. on Thursday, March 24, and to the
Regular Meeting at 4:00 p.m. on Tuesday, April 5, 1988.
The Deputy City Clerk was excused and the City Attorney reported
the Closed Session ended at 9:00 p.m.
Jennie M. Fulasz, CMC
!~~ CITY CLERK
~e&n'Fortune, C~IC
DEPUTY CITY CLERK
1194C