HomeMy WebLinkAboutcc min 1988/04/05 MINUTES OF A COUNCIL MEETING
OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
Tuesday, April 5, 1988 Council Chamber
4:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Councilmembers Nader (who arrived at 4:40
p.m.), Malcolm, Moore, McCandliss and
Mayor Cox
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, Deputy City Manager Morris,
Assistant City Attorney Rudolph
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES
MOTION
MSC (McCandliss/Moore) to approve the minutes for the regular
meeting of March 22, the Council Conference on March 24 and the
Special meeting of March 29, 1988. (Councilman Nader out;
Councilman Malcolm abstained on the minutes for March 24 and 29
because of absence; Mayor Cox abstained on the minutes of March 22
because of absence.)
2. SPECIAL ORDERS OF THE DAY
a. PRESENTATION OF 25-YEAR PIN TO JOYCE JANTZ - Mayor Cox
Councilman Malcolm presented the 25 year Pin to Joyce Jantz, while
Mayor Cox read a biographical background which outlined her
accomplishments while on Library staff during t~e 25 years. In
response, Joyce Jantz quoted George Bernard Shaw to express her
feelings and appreciation.
b. RESOLUTION 13493 COMMENDING PHIL CREASER FOR HIS SERVICES
TO THE CITY OF CHULA VISTA ON THE SAN
DIEGO PORT COMMISSION (Mayor Cox)
Mayor Cox read the Resolution which will be presented to Mr.
Creaser at the upcoming City Beautification Awards banquet.
RESOLUTION OFFERED BY MAYOR COX, passed and approved. (Councilman
Nader out)
CONSENT CALENDAR (Items 3a 28)
MINUTES 2 April 5, 1988
3. WRITTEN COMMUNICATIONS
Pulled Items: 3c, 3i, 6, 8, 10, 13, 23, 24. Mayor Cox announced
that items 5, 16, and 18a require a 4/5 vote because they are
appropriation items.
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILWOMAN
McCANDLISS, the reading of the texts waived by unanimous consent,
passed and approved. (Councilman Nader out)
a. REQUEST FOR HELP TO DEFRAY COST OF POLICE SECURITY AT CINCO DE
MAYO CELEBRATION - Myrna Aguilar, Stevan Vela, M.E.C.H.A.,
Chula Vista High School, 820 Fourth Avenue, Chula Vista 92011
Council denied the request.
b. REQUEST FOR INCREASE IN CONTRIBUTION FROM $15,000 TO $30,000
FOR SECOND HARBOR ENTRANCE PROJECT Larry I. Peeples,
Executive Director, SHEP, 5394 Linda Vista Road, Ste. A, San
Diego 92110
Council referred the request to staff for consideration during the
1988-89 Budget Process.
c. REQUEST TO CLOSE TWO BLOCK SECTION OF THIRD AVENUE (E TO F) ON
JULY 17 FOR FREE CONCERT - James D. Fergus, Chairman, 233
Fourth Avenue, Chula Vista 92010
Pulled from the Consent Agenda.
d. REQUEST FOR SUPPORT OF SB 2722 - Senator William Craven, 38th
District, 2121 Palomar Airport Road, Ste. lO0, Carlsbad, CA
92009
Council approved and authorized staff to prepare the appropriate
letters for the Mayor's signature.
e. REQUEST TO SCHEDULE DATE FOR PRESENTATION OF "PROGRESS '88" -
Stephen Coury, Facilitator, Progress '88 Speakers' Bureau,
6336 Greenwich Drive, Ste. A, San Diego 92122
Council referred the request to staff to schedule a presentation
at a regular Council Meeting during the month of April or early
May.
f. REQUEST FOR WAIVER OF FEES Park Hill Methodist Church,
Pastor Charles Dobbs, 545 E. Naples Street, Chula Vista 92011
Council approved the request of the Church for a waiver of all
fees involved in an application for a Conditional Use Permit and
deposit.
g. REQUEST FOR CONSIDERATION OF PROPOSAL FOR CITY TO LEASE
BUILDING AT 311 "F" STREET FOR HISTORICAL MUSEUM -
Christensen, Scott-Blair Properties, 376 Center Street, ~350,
Chula Vista 92010
MINUTES 3 - April 5, 1988
Council referred this suggestion to staff for further
investigation and a report back to Council at an early date.
h. CONCERNS REGARDING GROWTH CONTROL ORDINANCE AND SPENDING OF
TAXPAYERS' MONIES Mr. & Mrs. McCauley, 950 Melrose Avenue,
Chula Vista 92011
Council directed the McCauleys' letter be acknowledged referencing
the City's comprehensive efforts to manage growth by working both
with Crossroads and the Development Industry, culminating in the
adoption by Council of the threshold controls; and to advise the
McCauleys of the long history and rationale for the decision
regarding the traffic light on Melrose.
i. REQUEST FOR COST WAIVER Bob Green, Assistant Director of
Operations, Air Space America, 6110 Friars Road, Ste. 204 San
Diego 92108-1004
Pulled from the Consent Agenda.
j. CLAIMS AGAINST THE CITY - Council denied the following four
claims.
Claimant No. l: ALLEGING CITY RESPONSIBILITY IN A SINGLE
VEHICLE ACCIDENT INVOLVING A MOPED NEAR COMMUNITY HOSPITAL
Ms. Judith Ippolito, C/o George John Ronis, Esq, 942 Third
Avenue, Ste. 201, Chula Vista 92010.
Claimant No. 2: ALLEGING CITY RESPONSIBILITY FOR AN INJURY
SUSTAINED WHILE WALKING ON THIRD AVENUE - Ms. Joanne C.
Papadakis, 75 Third Avenue, ~29, Chula Vista 92010
Claimant No. 3: ALLEGING CITY RESPONSIBILITY FOR ACCIDENT
INVOLVING A MOTORCYCLE AT INTERSECTION OF ORANGE AVENUE AND
ALBANY AVENUE Mr. Robert Robles, Jr., c/o John Loughman,
Esq. 678 Third Avenue, Ste. 206 Chula Vista.
Claimant No. 4: ALLEGING FALSE ARREST, ASSAULT AND BATTERY BY
MEMBERS OF CHULA VISTA POLICE DEPARTMENT - Mr. Michael B.
Wiley, 5025 Amnest Street, San Diego 92117.
4. RESOLUTION 13494 RATIFYING A AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE COUNTY OF SAN DIEGO TO
PROVIDE LIBRARY SERVICES IN THE
MONTGOMERY/OTAY AREA FOR FY 1987-88 AND
FY 1988-89 AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (Library Director)
The proposed contract for 24 months specified required levels of
service inventory and staffing in the expectation to open the new
facility no later than the beginning of FY 1989-90. In the event
the City is able to open the facility sooner, this contract
provides an "escape clause" upon seven months notification.
MINUTES 4 - April 5, 1988
5. RESOLUTION 13495 ACCEPTING FEDERAL GOVERNMENT SERVICES AND
CONSTRUCTION ACT GRANT FUNDS FOR THE
PURCHASE OF OLDER ADULTS MATERIALS,
APPROPRIATING FUNDS AND AMENDING THE FY
1987-88 BUDGET (Library Director)
State Librarian Gary Strong has recognized, with the growing
population of adults over 60 years of age, public library
resources are inadequate to meet both current and future needs of
this population. Some of the $5,000 grant money will be used for
the purchase of books in large print format and audio visual
formats.
6. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND DANIELSON DESIGN GROUP FOR CONSULTANT
SERVICES - CIVIC CENTER MASTER PLAN STUDY,
APPROPRIATING FUNDS THEREFOR, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT (Director
of Planning)
Pulled from the Consent Agenda.
7. RESOLUTION 13496 ACCEPTING BIDS AND AWARDING CONTRACT FOR
CHIP SPREADER (Director of Finance)
Council awarded the contract to Nixon-Egli Equipment Company,
Santa Fe Springs. The low bidder, Pacific Equipment Co., did not
meet specifications on one of the major components of the unit.
8. RESOLUTION APPROVING DONATION OF A VAN TO THE GIRLS
AND BOYS CLUB OF CHULA VISTA AND
AUTHORIZING THE PURCHASING AGENT TO
TRANSFER TITLE (Director of Parks &
Recreation)
Pulled from the Consent Agenda.
9. RESOLUTION 13497 ACCEPTING BIDS & AWARDING CONTRACT FOR
UNIFORM RENTAL AND CLEANING SERVICE
(Director of Finance)
The Council-approved CVEA Memorandum of Understanding provides
uniforms to be furnished and maintained by the City for certain
classifications. There are approximately one hundred permanent
employees covered by the MOU that will be furnished uniforms.
10. RESOLUTION APPROVING AN AGREEMENT WITH SAN DIEGO
TRUST AND SAVINGS BANK FOR THE
INSTALLATION AND MAINTENANCE OF TRAFFIC
CONTROL FACILITIES (Community Development
Director)
Pulled from the Consent Agenda.
MINUTES 5 April 5, 1988
ll. RESOLUTION 13498 AUTHORIZING THE REDEVELOPMENT AGENCY TO
PURCHASE 281-287 LANDIS AVENUE USING TAX
INCREMENT FUNDS FOR THE PURPOSE OF
DEVELOPING OFF-STREET PUBLIC PARKING
FACILITIES (Community Development Director)
Council approved using tax increment funds and determined that the
purchase and construction will be of benefit to the redevelopment
project area, and that no other reasonable means of financing is
available to the community.
12 RESOLUTION 13499 ACCEPTING PUBLIC IMPROVEMENTS, TRAFFIC
SIGNAL INSTALLATIONS AT HILLTOP
DRIVE/QUINTARD STREET AND ORANGE
AVENUE/SECOND AVENUE IN THE CITY OF CHULA
VISTA (Director of Public Works)
A final inspection was made on March ll, 1988, and all work was
found to be completed in accordance with the contract plans and
specifications and to the satisfaction of the City Engineer.
13. RESOLUTION ESTABLISHING DATES FOR PROPERTY OWNERS TO
BE READY TO RECEIVE UNDERGROUND SERVICE
AND REMOVAL OF POLES AND OVERHEAD
FACILITIES WITHIN UNDERGROUND UTILITY
DISTRICT NO. ll8 ALONG HERMOSA AVENUE FROM
ORANGE AVENUE TO MAIN STREET {Director of
Public Works)
Pulled from the Consent Agenda.
14. RESOLUTION 13500 AUTHORIZING THE EASTLAKE OEVELOPMENT,
COMPANY TO CONSTRUCT A PORTION OF OTAY
LAKES ROAD FROM RUTGERS AVENUE TO THE
EASTERN BOUNDARY OF THE EASTLAKE BUSINESS
CENTER AND RECEIVE A CASH OR CREDIT
REIMBURSEMENT AS DETERMINED BY THE CITY
AGAINST DEVELOPMENT IMPACT FEES REQUIRED
BY ORDINANCE NO 2251 AT THE TIME BUILDING
PERMITS ARE ISSUED FOR THE DEVELOPER'S
PROJECT (Director of Public Works)
The Environmental Review Coordinator concluded that there would be
no significant environmental impact and recommended that the City
Council adopt a Negative Declaration for the project based on the
Initial Study and comments on the Initial Study and Negative
Declaration.
MINUTES 6 April 5, 1988
Councilman Malcolm commented on the improvement on the portion of
Otay Lakes Road between Telegraph Canyon Road and the traffic
problem between Rutgers and the Navy housing project. Since
EastLake wants this completed, it is suggested to give them the
credit but require them to continue down the road to that
intersection and finish it off. Deputy Director of Public Works
Garibay explained this will be finished all the way between the
Navy property and Rutgers once the Navy is in. Environmental
studies have been submitted to CALTRANS within last several weeks,
and construction is scheduled for September or October unless
CALTRANS causes a delay.
15. RESOLUTION 13501 ACCEPTING EASEMENT FROM HENRY AND SOPHIE
BOOKSPAN FOR CONSTRUCTION OF CENTRAL
DRAINAGE CHANNEL EAST AND WEST OF FIFTH
AVENUE BETWEEN "F" STREET AND "G" STREET
(Director of Public Works)
In order to construct the drainage facilities east and west of
Fifth Avenue between "F" Street and "G" Street, it was necessary
to obtain ll drainage easements from various property owners. Ten
drainage easements were accepted by the City Council at their
meeting on December 8, 1987; Council accepted this remaining
easement with the expectation to advertise for construction of
this project within the next three weeks.
16. RESOLUTION 13502 ACCEPTING BIDS AND AWARDING CONTRACT FOR
WILLIAM AVENUE IMPROVEMENTS BETWEEN
PALOMAR STREET AND ORANGE AVENUE IN THE
CITY OF CHULA VISTA AND APPROPRIATING
FUNDS THEREFOR (Director of Public Works)
The project involves removal and disposal of existing
improvements, excavation and grading, asphalt concrete paving,
adjustment of manhole, cross gutter, protection and restoration of
existing improvements, traffic control, construction surveying and
other miscellaneous work shown on the plans. The funds for this
project were budgeted in the 1986-87 Capital Improvement Program.
Council directed staff to appropriate $24,512.82 from the
unappropriated reserves of Gas Tax funds to William Avenue-Street
Improvement account and awarded the contract to low bidder,
Carolyn E. Scheidel-Contractor, La Mesa, in the amount of
$71,339.00.
17. RESOLUTION 13503 APPROVING THE FY 1988-89 CLAIMS FROM THE
FY 1988-89 2% NON-MOTORIZED TRANSPORTATION
DEVELOPMENT ACT FUND (Director of Public
Works)
Agencies in the San Diego region have the opportunity to apply for
2% non-motorized Transportation Development Act (TDA) funds each
year and this year an additional $1 million will be available from
revenue from the recent 1/2~ sales tax increase. The decision
making bodies are the City Council/Board of Supervisors and the
SANOAG Board of Directors and all claim submittals must be
authorized by the originating agency through adoption of a
resolution.
MINUTES - 7 - April 5, 1988
18a. RESOLUTION 13504 APPROVING CHANGE ORDERS NO. 1 AND 2 FOR
THE TRAFFIC SIGNAL MODIFICATION OF BONITA
ROAD AT 1-805 SOUTHBOUND RAMP, ISLAND
RECONSTRUCTION AND RESTRIPING OF TRAFFIC
LANES CONTRACT; AUTHORIZING THE DIRECTOR
OF PUBLIC WORKS TO EXECUTE THE CHANGE
ORDERS ON BEHALF OF THE CITY; AND
APPROPRIATING FUNDS (Director of Public
Works)
b. RESOLUTION 13505 ACCEPTING PUBLIC IMPROVEMENTS TRAFFIC
SIGNAL MODIFICATION OF BONITA ROAD AT
1-805 SOUTHBOUND RAMP, ISLAND
RECONSTRUCTION, AND RESTRIPING OF TRAFFIC
LANES IN THE CITY OF CHULA VISTA,
CALIFORNIA (Director of Public Works)
Steiny & Company, Inc. completed the signal modification, island
reconstruction and restriping of traffic lanes on 8onita Road on
December 8, 1987. Also completed was work needed to construct a
right turn lane from Bonita Road eastbound onto the 1-805
southbound on-ramp, added by the City after the award of the
project which required the negotiation of two contract change
orders. A final inspection of the project was made by both
CalTrans staff and City staff on March 21, 1988. All work was
found to be to the satisfaction of both CalTrans and the City
Engineer.
19. RESOLUTION 13506 APPROVING THE REFUND OF BICYCLE FACILITY
(TRANSPORTATION DEVELOPMENT ACT) FUND
BALANCES (Director of Public Works)
In the past years, the City has requested and obtained
Transportation Development Act (TDA) funds from SANDAG to build
bicycle and pedestrian facilities in the City. Recent completion
of three projects has been accomplished by the City at a cost
savings and the need exists to refund fund balances to SANDAG so
that the monies can be allocated to other projects in the Region.
20. RESOLUTION 13507 APPROVING SUBMISSION OF FY 1988-89
TRANSPORTATION DEVELOPMENT ACT (TDA)
ARTICLE 4.5. CLAIM HANDYTRANS (Director of
Public Works)
The claim amount is based upon an allocation formula of Article
4.5 and Proposition A funds adopted by the SANDAG Board in
February 1985 and March 1988 respectively. Due to the allocation
of Proposition A funds, the City of Chula Vista's total
apportionment of funds available for HandYtrans operation
increased from $204,470 in FY 1987-88 to $216,966 in FY 1988-89,
or 6.1%.
21. RESOLUTION 13508 AUTHORIZING SUBMISSION BY SCOOT OF THE
FY 1988-89 TRANSPORTATION DEVELOPMENT ACT
(TDA) ARTICLE 4.0 CLAIM (Director of
Public Works)
MINUTES - 8 - April 5, 1988
The total SCOOT claim is $1,165,500, consisting of $1,119,500
claimed against the City of Chula Vista's apportionment of
$2,180,402, and $46,000 claimed against the County of San Diego's
apportionment.
22. RESOLUTION 13509 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND SCOOT FOR TRANSIT SERVICE
DURING FY 1988-89 (Director of Public
Works)
Total passengers estimated for next fiscal year are 898,000, a
1.1% increase over this year's estimate of 888,500 passengers
transported within the City of Chula Vista. Except for updated
costs and operating statistics projected for FY 1988-89, all other
major provisions of the FY 1988-89 agreement are the same as the
FY 1987-88 agreement. SCOOT must submit a copy of this agreement
to SANDAG by July l, 1988, in order to release Chula Vista TDA
funds for SCOOT operations in FY 1988-89.
23. RESOLUTION APPROVING CHANGE ORDER ~4 FOR THE
CONSTRUCTION OF EARTHWORK AND GRADING,
STREET, DRAINAGE, AND UTILITY IMPROVEMENTS
FOR THE EXTENSION OF LAS FLORES DRIVE
NORTH OF "D" STREET CONTRACT AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS
TO EXECUTE THE CHANGE ORDER ON BEHALF OF
THE CITY (Director of Public Works)
Pulled from the Consent Agenda.
24. ORDINANCE 2259 ADDING SECTION 3.20.022 TO THE CHULA VISTA
MUNICIPAL CODE ESTABLISHING A REDUCED RATE
SEWER SERVICE CHARGE FOR LOW INCOME
HOUSEHOLDS - SECOND READING & ADOPTION
(Director of Public Works)
Pulled from the Consent Agenda.
25. ORDINANCE 2260 AMENDING SECTIONS 19.24.020 AND 19.24.040
OF THE CHULA VISTA MUNICIPAL CODE DEALING
WITH LARGE FAMILY DAY CARE HOMES SECOND
READING & ADOPTION (City Attorney)
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 Ordinance was
placed on First Reading at the meeting of March 22.
26. ORDINANCE 2261 RENUMBERING SECTION 10.52.450 AND ADDING
SECTIONS 10.54.450 AND 10.54.460 TO THE
CHULA VISTA MUNICIPAL CODE RELATING TO
PARKING PROHIBITION FOR STREET SWEEPING
SECOND READING & ADOPTION {Director of
Public Works)
MINUTES 9 - April 5, 1988
The ordinance prohibits the parking of vehicles only during
certain hours of certain days for the purpose of street sweeping.
and was placed on First Reading at the meeting of March 22.
27. REPORT SCRIPPS MEMORIAL HOSPITAL REQUEST TO
CONDUCT A lOK RACE AND 2-MILE FUN RUN
(Director of Parks & Recreation)
Scripps Memorial Hospital in Chula Vista is requesting permission
to conduct their Eighth Annual Health Beat lOK and 2-Mile Fun Run
on Saturday, May 14, 1988, to benefit the hospital's Health
Information Center. The Police Department, Traffic Engineering,
and the Transit Division have expressed no objections to the
event, Rohr Industries has been notified of the event as well,
and they do not anticipate any problems as a result of the event.
Approval should be subject to the following staff conditions:
l. Provision of evidence of general liability insurance in
the amount of $1 million, in the form of a Certificate of
Insurance and Policy Endorsement, which names the City of
Chula Vista as additional insured;
2. Execution of a Hold Harmless Agreement;
3. Provision of Evidence of Approval for the event from the
San Diego Unified Port District {sponsor's responsibility);
4. Provision of adequate traffic control along the entire
race course, as determined by the Police Department to include
appropriate law enforcement personnel, as well as barricades,
no parking signs, traffic cones, flares, and other necessary
equipment (The race sponsor will be responsible for all costs
of traffic control); and
5. Provision of adequate trash receptacles, portable
toilets, and clean up of any litter created by the event,
(sponsor's expense).
28. REPORT REQUEST FOR $500 FOR THE CALIFORNIA
RESOURCE AND RECOVERY ASSOCIATION'S 12TH
ANNUAL CONFERENCE (Principal
Administrative Assistant)
The theme of the conference will be "Mandatory Recycling - Wave of
the Future." The SANDAG Regional Recycling Advisory Committee
asks that all members of SANDAG help co-sponsor this conference
and requests a $500 contribution from the City of Chula Vista as a
member organization.
END OF CONSENT CALENDAR
MINUTES - lO April 5, 1988
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
Councilman Malcolm stated he would abstained from item 29 which
involves a Club in which he is a member; and from item 30 which
involves property that he used to own.
29. PUBLIC HEARING REQUEST FOR DEFERRAL OF REQUIREMENT TO
UNDERGROUND SERVICE TO SAN DIEGO COUNTRY
CLUB'S TEMPORARY FACILITIES AT 75 NAPLES
STREET (Director of Public Works)
RESOLUTION 13510 APPROVING DEFERRAL OF THE REQUIREMENT TO
UNDERGROUND SERVICES TO SAN DIEGO COUNTRY
CLUB'S TEMPORARY FACILITIES AT 75 NAPLES
STREET
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Deputy Director of Public Works/City Engineer Garibay reported
that the Board Directors of the San Diego Country Club submitted
plans to reconstruct their permanent clubhouse and associated
facilities proposing to use mobile buildings for approximately one
year while the new construction is taking place. The City Code
requires that all utility services to a development (including
temporary buildings) be placed underground. Staff recommends
approval of the deferral with the condition that the owners enter
into an agreement to include following stipulations.
1. That the overhead services be removed at such time as the
permanent facilities are completed and occupied or not
later than two years; and
2. That the owners shall not protest the formation of an
undergrounding district, should one occur during the life
of the deferral.
C. R. Campbell, 838 Coriander Court, representing the San Diego
Country Club, questioned the legality of stipulation #2. At the
request of the Mayor, the Assistant City Attorney responded that
the Council does have legal basis since the stipulation is
specifically required by the ordinance and, assuming it was not,
Council would still have the authority to require this under terms
of general contract law as a "knowing intelligent waiver by the
parties entering into an agreement".
There being no others to speak either for or against this issue,
the public hearing was closed.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved.
(Councilman Malcolm abstained because he is a member of the San
Diego Country Club; and Councilman Nader out.)
MINUTES ~ ll April 5, 1988
30. PUBLIC HEARING CONSIDERATION OF AMENDMENT #5 TO THE
CERTIFIED CHULA VISTA LOCAL COASTAL
PROGRAM {Continued from meeting of March
22, 1988) {Community Development Director)
RESOLUTION 13511 ADOPTING NEGATIVE DECLARATION IS-88-39,
XPPROVING AMENDMENT #5 TO THE CERTIFIED
CHULA VISTA LOCAL COASTAL PROGRAM AND
AUTHORIZING SUBMITTAL OF SAID AMENDMENT TO
THE CALIFORNIA COASTAL COMMISSION
ORDINANCE 2262 AMENDING SECTIONS 19.82.21 AND 19.84.13
AND APPENDIX A OF THE CHULA VISTA BAYFRONT
SPECIFIC PLAN FIRST READING
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Director of Community Development Desrochers reported the proposed
LCP Amendment would allow new automobile and boat sales and
accessory uses listed in the amendment by Conditional Use Permit
within the Coastal Zone. The properties east and west of the
Coastal Zone boundary are under the same ownerships.
Environmental review has been completed and Negative Declaration
IS-88-39 has been issued and if the proposed amendment is approved
by the City Council, it will be forwarded to the California
Coastal Commission for review and action.
{At 4:40 p.m., Councilman Nader took his seat on the dais.)
Jerald A. Alford, 2643 Fourth Avenue, 92103, representing National
Avenue Associates, requested Council support.
There being no others to speak either for or against this issue,
the public hearing was closed.
Councilmembers discussed whether this issue should be approved at
this time, the City's efforts to come up with a large parcel of
land earmarked for this use, and the fact this parcel is readily
obtainable and an appropriate use of the site.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved. {Councilman
Malcolm abstained because he was a former owner of the subject
property; Councilman Nader abstained because he missed a portion
of the public hearing.)
MOTION
MS"~F~oore/Cox} that the Ordinance be placed on First Reading, the
reading of the text was waived by unanimous consent, passed and
approved. (Councilman Malcolm abstained because he was a former
owner of the subject property; Councilman Nader abstained because
he missed a portion of the public hearing.)
MINUTES - 12 April 5, 1988
31. PUBLIC HEARING CONSIDERATION OF COASTAL DEVELOPMENT
PERMIT NO. 39 FOR ROHR INDUSTRIES
IDENTIFICATION SIGNS AT 630-660 BAY
BOULEVARD (Community Development Director)
RESOLUTION AUTHORIZING THE ISSUANCE OF COASTAL
DEVELOPMENT PERMIT NO. 39 FOR THE
INSTALLATION OF TWO (2) MONUMENT SIGNS AT
630-660 BAY BOULEVARD
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
The Director of Community Development Desrochers reported the
applicant proposes to install two (2) monument signs. The
Bayfront Sign Program allows one sign per industrial lot and a
maximum of 40 sq. ft. per sign to avoid the proliferation of signs
in industrialized areas of the Bayfront. After reviewing the
Marina Gateway site, it seems quite appropriate to interpret each
building site as individual lots which would be allotted one sign
each.
There being no one to speak either for or against this issue, the
public hearing was closed.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved. (Councilman
Malcolm out)
32. PUBLIC HEARING PCZ-88-I: CONSIDERATION TO REZONE 3.19
ACRES FROM R-3-G-D, C-T AND C~T-D TO C-T-P
AT THE SOUTHEAST CORNER OF BROADWAY AND
"K" STREET TRAVIS A. RENEAU (Director of
Planning)
ORDINANCE 2263 REZONING 3.19 ACRES FROM R-3-G-D, C-T AND
C-T-D TO C-T-P
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Director of Planning Krempl reported this request to rezone the
0.29 acre site represents a logical extension of the South Bay
Chevrolet facility consistent with the depth of the C-T zoning
directly to the north. The site is also well separated from
single family areas to the east by the existing plant nursery
which is zoned for multiple-family development. The property is
expected to be used to expand the adjoining employee parking area.
Paul Manganelli, 9903-B Business Park Avenue, 92131 representing
South Bay Chevrolet, requested support of the ordinance.
There being no others to speak either for or against this issue,
the public hearing was closed.
MINUTES 13 - April 5, 1988
MSUC (Moore/Cox) to place the Ordinance on First Reading, the
reading of the text was waived by unanimous consent, passed and
approved. (Councilman Malcolm out.)
33. ORAL COMMUNICATIONS
a. David Lee Jordan, 1550 Pt. Dume Court, 92011, presented
Council with copies of his letter dated February 26 addressed
to 112 government officials from the President on down to
local officials of Chula Vista. Mr. Jordan's letter
referenced the troubles in Nicaraugua, the flow of drugs and
illegal aliens across the border, and alleged poor
responsiveness of national and local officers in government.
Mayor Cox stated his intent to respond Mr. Jordan's letter in
reference to the City's primary focus of efforts to provide
services for the local residents.
b. Reverend R. C. Flaugher, llO0 Industrial Boulevard, 92011,
referenced delayed mediation of mobilehome issues, and
requested Council to request the Issues Committee to proceed
without delay. Secondly, Rev. Flaugher requested Council to
set a time frame on referrals to avoid unnecessary delays on
issues.
Mary Frances Click, llO0 Industrial Blvd., Chula Vista,
reported that the first mediation meeting for the Palms is
scheduled for Wednesday, April 13 at 6:30 p.m. in Conference
Rooms 2 and 3. The meeting delay was a result of not
receiving a list of mediators from Council, and the time taken
by the mobilehome park residents to choose their mediators.
MOTION
MSUC (Nader/Moore) to refer to staff with directions to report
back as to existing provisions in the ordinance concerning whose
responsibility it is to convene a mediation session, the time
frame within which the mediation must begin and be completed, the
provisions for rent assessments in the interim while mediation is
pending, with a report on compliance with existing provisions if
any in the ordinance, with what if any enforcement actions are
appropriate at this time, and with what if any amendments would be
appropriate in the ordinance to assure timely mediation in the
future.
The Assistant City Attorney Rudolph stated his understanding that
the request is for historical information and not an amendment to
the Code, and Councilman Nader clarified his intent was for
information to be brought back to council which could be on the
Agenda as an amendment to the Code.
MOTION
MSUC lCox/Moore) to ask staff to come back with a brief written
report on next week's Agenda indicating the current status of the
mediation processes.
MINUTES 14 - April 5, 1988
c. Harold Duncan, llO0 Industrial Boulevard, asked two
questions. (1) When is the Council going to take appropriate
action to construct a mobilehome park on the property next to
the KOA Campground in Chula Vista; and (2) the right of first
refusal issue which Mr. Duncan requested be placed on a
Council agenda.
Mayor Cox referenced the first question and reported Council's
firm direction to staff for a relocation of a mobilehome park and
staff's work on a master plan. Assistant Director of Community
Development reported recent discussions with the new owner of the
14 acres proposed for the location and his cooperation for funding
of traffic studies. Assistant Director Gustafson also reported
that, if a decision is not soon reached, staff will come back to
Council for authorization that the City fund the studies in order
to proceed; and also reported that the County of San Diego has
agreed to give the displaced residents of mobilehome parks
priority listing with public housing.
Referencing the second question, Assistant City Attorney Rudolph
explained that Council direction included referral to the
Mobilehome Issues Committee which item has appeared on two
previous meetings and also is listed for the meeting of April 14.
Councilman Malcolm requested that the ordinance be brought to
Council for adoption and, if any changes are necessary, to then
amend it.
Mary Frances Click reported the responsibility of the people
who live in a park, when they have an idea they would like to
buy that park, is to form a committee by 65% to 75% of the
residents, and which committee should be kept current in order
to be ready to move quickly with a "right to purchase" at a
price at or above that which has been offered to the owner.
Councilwoman McCandliss reported on a meeting attended by
herself and Councilman Malcolm with mobilehome residents who
will be needing to relocate and the lack of knowledge by these
residents on how to proceed in an organized way. Councilman
Malcolm stressed the need to move quickly as Council has
previously directed the City Attorney.
e. June H. Brines, 385 Palomar Drive, 92011, Member of the
International Friendship Committee, advised Council of the
plight of Guadelupe Gonzalez of Irapuato, Mexico - Sister City
of Chula Vista. Mr. Gonzalez was involved in an accident in
Del Mar and now is in Scripps Hospital. Ms. Brines requested
permission to use some of the Committee's budget money to
donate to the fund to aid Mr. Gonzalez with health bills and
his return to his home in Irapuato,
MINUTES - 15 April 5, 1988
MOTION
MSUC (McCandliss/Nader) to refer this item to staff.
Councilman Nader stated his intent to vote for this motion if the
City Manager will work with Mrs. Brines, Chairman Viesca and other
members of the Commission on how to accomplish this transfer of
funds. The Councilman then congratulated the Members of the
Commission for bringing this to Council's attention, and suggested
that those who may be interested in helping donate money, contact
the International Friendship Commission, 276 Fourth Avenue, Chula
Vista, 92010.
Councilman Malcolm, notwithstanding the fact that he intends to
vote affirmatively, suggested that in the future there be a more
frugal and expeditious way of handling, and suggested that the
Commission bring a recommendation to Council at budget time.
VOTE ON THE MOTION
Motion carried unanimously.
Mayor Cox requested staff to respond, also, to Mrs. Brines
question relative to a left turn signal at Fourth Avenue and "F"
Street.
PULLED ITEMS
3c. REQUEST TO CLOSE TWO BLOCK SECTION OF THIRD AVENUE (E TO F) ON
JULY 17 FOR FREE CONCERT James D. Fergus, Chairman, 233
Fourth Avenue, Chula Vista 92010
Staff recommended continuance to the meeting of April 19 for a
full report and recommendation to be made by the Parks and
Recreation Director.
Councilwoman McCandliss listed the possible problems that would be
present with this subject concert. Director of Parks and
Recreation Mollinedo confirmed that Department Heads will De
giving input on all of the points made by the Councilwoman and
recommendations will be contained in the report.
MOTION
~Cox/McCandliss) to approve the staff recommendation.
3i. REQUEST FOR COST WAIVER Bob Green, Assistant Director of
Operations, Air Space America, 6110 Friars Road, Ste. 204 San
Diego 92108-1004
Staff recommended that the request be referred to staff for
further clarification as to the costs that may be associated with
the event.
MINUTES 16 - April 5, 1988
MOTION
MS more/Malcolm) that the City provide traffic control on the
Chula Vista portion of the Otay Valley Road with a percent of
third lanes to allow the business people to proceed to and from
the businesses and to provide the traffic control on the two
Saturdays and two Sundays within May 13 to May 22 and to waive
only these fees.
City Manager Goss reported on a recent meeting with the Police
Department and Aerospace America which now requests the road
remain as it for the purpose of the event. Aerospace people,
however, are looking for assistance with traffic control and would
like the City to absorb the overtime for the police officers.
Councilman Moore suggested the motion remain as it is in case it
is needed.
VOTE ON THE MOTION
Motion carried. (Councilman Nader voted no.)
6. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND DANIELSON DESIGN GROUP FOR CONSULTANT
SERVICES - CIVIC CENTER MASTER PLAN STUDY,
APPROPRIATING FUNDS THEREFOR, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT (Director
of Planning)
Representatives from Engineering, Finance, Management Services and
Planning Departments evaluated the six firms' experience, and it
was determined that Danielson Design Group possessed the best
qualifications to carry out the project. The proposed Civic
Center Master Plan and related work is expected to require nine
months for completion and presentation. Director of Planning
Krempl reported the Danielson Design Group has been involved in
similar Civic Center projects in the cities of Oceanside,
Bellflower, San Juan Capistrano and Laguna Beach, as well as
public facility planning for other cities.
Because this is an appropriation item, the Mayor announced that a
4/5 vote is necessary for approval.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
Councilman Malcolm reminded staff that, before a study is done on
this building, the Consultants should meet with the City Council
for input on the parameters by which they should design.
8. RESOLUTION APPROVING DONATION OF A VAN TO THE GIRLS
AND BOYS CLUB OF CHULA VISTA AND
AUTHORIZING THE PURCHASING AGENT TO
TRANSFER TITLE (Director of Parks &
Recreation)
MINUTES 17 April 5, 1988
The Club provided staff with clarification and explanation of
their "tentative" pickup schedule. Staff recommends that the Club
experience a "testing period" before being able to realistically
establish a firm schedule.
Councilwoman McCandliss recalled her stated intent was to
establish transportation to the girls and Boys Club as an option
or alternative for those children who are being approached to join
a "gang." The schedule as presented addresses this goal for
elementary school children but does not address the older child.
More sites in the western area were requested by the Councilwoman
to be available to children at the 7th or 8th grade level and
older.
MOTION
MSUC (McCandliss/Nader) to accept the schedule contingent on the
arrangement or designation of the site at the Junior Hi9h School
and another location that might be acceptable to the Director of
Parks and Recreation to pick up the teenage group in cooperation
with the Club.
AMENDMENT TO THE MOTION
(Nader/McCandliss) to evaluation additional in the immediate area
and then call for a review in six months to see how many children
are successfully being picked up.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
lO. RESOLUTION APPROVING AN AGREEMENT WITH SAN DIEGO
TRUST AND SAVINGS BANK FOR THE
INSTALLATION AND MAINTENANCE OF TRAFFIC
CONTROL FACILITIES (Community Development
Director)
The agreement specifies that the street barricade will remain in
its current location and the bank will maintain driveway access to
Fig Avenue both north and south of the barricade. Additional
mitigation measures are incorporated into the proposed agreement.
Pat Rosenbaum, 530 Broadway, San Diego 92101, attorney for San
Diego Trust and Savings Bank, expressed the bank's concerns on the
proposal. The additional mitigation factors were proposed by the
bank to the communiity and the main concern is the location of the
barrier, and in trying to accommodate an earlier proposal there
might be an impact to the bank relative to inverse condemnation.
MINUTES 18 - April 5, 1988
Gary Bryant, 444 "H" Street, 92010, requested Council's approval
of the staff recommendation and the agreement. The Bank's feels
the agreement offers a good solution and meets the City's original
intent and also commented on a survey taken by the Bank which
resulted in 57% of the customers used the south driveway.
John K. Relph, 583 Fig Avenue, 92010, representing the residents
on Fig, Guava and Shasta Street, reported on their last meeting
and advised that all residents had not been notified. Community
Development Specialist LoBue reported that all subcommittee
members had been notified, a procedure followed for past meetings
to disseminate notice to residents.
MOTION
M~F"('C'6x/McCandliss) that this item is docketed for consideration
at the meeting of April 19th at 7:00 p.m. and that appropriate
notices be sent to those people who have expressed a desire to be
notified either through the petitions or by an established list of
the residents on the adjoining streets.
Councilman Malcolm suggested a way out of the problem for all by
giving the residents and the Bank what they want and also be a
boon for Homart business-wise, by requesting Homart to allow a way
through the walls to the parking lot. If Homart refuses this
access the City the Councilman suggests the City refuse to allow
their incessant delays in contracts or to just declare eminent
domain.
ADDITION TO THE MOTION
MS {Nader/Cox) that staff would explore between now and the 19th
for a driveway on the west side of the bank, the feasibility of it
and a report on what needs to be done.
MOTION RESTATED
MSUC (Cox/McCandliss) to direct staff to schedule one more meeting
with the residents of the area to explore in further detail the
access into the existing shopping center, or any other
alternative, and to docket this for consideration at the meeting
of April 26th at 7:00 p.m.; and that appropriate notices be sent
to those people who have expressed a desire to be notified either
through the petitions or by an established list of the residents
on the adjoining streets.
NSUC (McC/Moore) to direct staff to have updated traffic counts
prepared before the date of the meeting.
Mayor Cox informed Mr. Relph that he, as well as a representative
of the Bank, is free to contact every member of the Council to
inform of the specifics of this item.
MINUTES 19 - April 5, 1988
13. RESOLUTION 13515 ESTABLISHING DATES FOR PROPERTY OWNERS TO
BE READY TO RECEIVE UNDERGROUND SERVICE
AND REMOVAL OF POLES AND OVERHEAD
FACILITIES WITHIN UNDERGROUND UTILITY
DISTRICT NO. 118 ALONG HERMOSA AVENUE FROM
ORANGE AVENUE TO NAIN STREET (Director of
Public Works)
Staff recommended that Council set October 1988 as the date
property owners shall be ready to receive underground service, and
January 13, 1989 as the date poles, overhead wires and associated
structures shall be removed. In answer to Mayor Cox' question,
Director of Public Works Lippitt assured Council that proper
notices will be sent to all cable companies before the opening
date of October 18, 1988.
23. RESOLUTION 13516 APPROVING CHANGE ORDER #4 FOR THE
CONSTRUCTION OF EARTHWORK AND GRADING,
STREET, DRAINAGE, AND UTILITY IMPROVEMENTS
FOR THE EXTENSION OF LAS FLORES DRIVE
NORTH OF "D" STREET CONTRACT AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS
TO EXECUTE THE CHANGE ORDER ON BEHALF OF
THE CITY (Director of Public Works)
Proposed Change Order No. 4 is for the inclusion of sewer and
water laterals to properties owned by Mr. Roy Shepard and Mascot
Realty, Inc. This change order will increase the contract amount
$17,271.50 to a revised amount of $1,180,538.50. In answer to
Mayor Cox' question, Director of Public Works Lippitt assured
Council that proper notices will be sent to all cable companies
before the opening date.
24. ORDINANCE 2259 ADDING SECTION 3.20.022 TO THE CHULA VISTA
MUNICIPAL CODE ESTABLISHING A REDUCED RATE
SEWER SERVICE CHARGE FOR LOW INCOME
HOUSEHOLDS SECOND READING & ADOPTION
(Director of Public Works)
The Ordinance was placed on First Reading at the meeting of March
22 and was amended to include all types of housing.
Reverend R. C. Flaugher, llO0 Industrial Boulevard, addressed the
meter service charge imposed by San Diego Gas & Electric on all
bills which he alleges is now unfairly passed on to each
individual mobilehome owner by the park owner and the apprehension
that this method could be followed with the sewer service charge.
MINUTES - 20 April 5, 1988
Mary Frances Click, llO0 Industrial Boulevard, reported on a
protest meeting against a San Diego Gas & Electric "solution" sent
to the Public Utilities Commission (PUC) that in place of $7.30
per space per month, all submetered operators, San Diego Gas &
Electric would remove $4.30 from that amount and pass the charge
to the individual bill. Mrs. Click reported that all "rate
watchers" around the State are still trying to correct this
practice.
Councilman Malcolm suggested to Reverend Flaugher that if he is
aware of anything going on contrary with the City's ordinance,
that he get in touch with the City Attorney's office to ascertain
if any follow up is appropriate.
ORDINANCE OFFERED BY COUNCILMAN NADER, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
MOTION
MSUC iMcCandliss/Moore) to refer the question of the sub-billing
of a $4.80 meter reading charge to staff, and to direct contact
with San Diego Gas & Electric to review the situation and if
necessary to contact the Board of Equalization, and to review the
City's ordinance as it applies to any utilities and, if legal, to
bring back to Council what can be done to make the practice not
legal.
Clifford Roland, llO0 Industrial Boulevard, reported on a public
hearing he attended and learned that the Public Utilities
Commission imposed the $4.80 service charge rather than the San
Diego Gas & Electric Company, the charge is rationalized by the
Weights & Measures Department and that park owners are caught in
the middle.
34. REPORT OF THE CITY MANAGER
a. Attention was directed to graphs on the wall of the Chamber
depicting traffic signal projects within the City and at what
stage each project exists design, bid, construction or
close-out.
35.MAYOR'S REPORT
a. There are two vacancies on the Montgomery Planning Group, and
the three applicants are being scheduled for interviews.
b. MOTION
M"S'O'C~"~Moore/McCandliss) to ratify the appointment of William
G. Koester to Safety Commission.
MINUTES - 21 April 5, 1988
c. MOTION
MSUC {Cox/Nader) to ratify the appointments of Carlos Batara,
Bob Campbell and Jack Blakely to the Charter Review Committee
d. The latest issue of San Diego Magazine features a story and a
cover on the South Bay and also depicts the quality housing in
Chula Vista.
e. Comments on the April 5th Court Appearance In course of
discussion it was evident that Chula Vista Investment Company
as owner has the ability to transfer mitigation credits not
being used in Chula Vista, and a proposed contract exists to
transfer lO acres to Signal Landmark destined for a hotel on
Crown Isle. Councilman Malcolm {also a Member of the Coastal
Commission) stated that any agreement or decision for the
transfer of mitigation credits and where used must first be
approved by the California Coastal Commission.
36. COUNCIL COMMENTS
COUNCILMAN )IADER:
a. Commented on the article in the newspaper by the Chula Vista
Investment Company, an out of town partnership and a private
developer, and the Councilman stated that deceptive statements
were presented to the citizenry.
COUNCILMAN MALCOLM:
b. Access by Cable Companies to all Trenches in City of Chula
Vista A memorandum written by a utility company consultant
to a Chula Vista developer referring to a conversation with
the consultant and the Assistant City Attorney on the subject,
was read by the Councilman to clarify any misconceptions.
Assistant City Attorney Rudolph agreed with the memorandum
except for the conclusion which did not quote his statement
that the matter was referred by Council to the City's
Utilities Committee to work out the problem of equal access to
the trench because the City's main interest was in preventing
the City streets from being dug up repeatedly so that everyone
could exercise their franchise at different and possibly
inconvenient times to the City; and that if this issue was not
resolved at that Committee level, it will come back to Council.
c. Clarification was given by City Clerk Fulasz referencing a
memorandum relative to campaign money being transferred to any
charitable organization upon termination of the Committee; or
if the Committee is not terminated, the money can be
transferred to be used for any political, legislative or
governmental matters {defined as a broad statement).
d. SB 2740 (Kopp) Redevelopment Tax Increment Financing
MINUTES 22 - April 5, 1988
COUNCILMAN MOORE:
e. A request was made that the Chula Vista Quarterly Bulletin be
used as information to the public concentrating on the City's
policy, staff and developer's actions on managed growth; and
to inform the public of dates and places of upcoming meetings
on this subject.
f. Trivia - Chula Vista is the 2nd largest City, population wise,
of the 18 cities within San Diego County; the 23rd largest of
the 448 cities within the State and, according to the 1986
census, Chula Vista is the 141st largest City in the nation.
COUNCILWOMAN McCANDLISS:
g. RETC Funding Formula the new funding distribution formula
has been restored at this point.
h. Mello-Roos Tax - Staff was requested to prepare a packet of
information such as was presented to Council for distribution
at the meeting on April 6 with the residents of EastLake.
i. FY 1988/89 Budget Two items were suggested for the budget
"wish list".
MOTION
MSUC (McCandliss/Nader) to evaluate and bring back funding
alternatives on the creation of a second Crime Suppression Team
for Council review at budget time.
MOTION
~lMcCandliss/Moore) to evaluate and bring back a funding
alternatives on "mobilehome park ombudsman" or community
consultant, designed as a part time position or worked in
conjunction with other agencies.
Councilmembers discussed the provision of a mobilehome space
rather than a staff position, as well as the use of the Golden
State Mobilehome Owners League (GSMOL) knowledgeable
representatives who work in the region or district.
j. Girls and Boys Club Councilwoman McCandliss restated the
specific goal is to pick up children from the western side
which should be resolved very soon and, if the YMCA or some
other group can better provide this service, than staff should
pursue that option.
MINUTES - 23 April 5, 1988
MOTION
MSUC (Cox/McCandliss) to direct staff to come back with a report
on the status of the current negotiation with the School District
and to include other alternatives we should be simultaneously
pursuing in the event the Chula Vista High School campus is not a
suitable site to the School Board.
At 7:30 p.m., Mayor Cox announced that Council will adjourn to
meet in Closed Session to discuss Sierra Club v. Coastal
Commission, Sierra Club v. Marsh, Raso v. City of Chula Vista,
Skorepa v. City of Chula Vista, Baldwin v. City of Chula Vista,
Weisser v. City of Chula Vista, Potential Litigation.
The Deputy City Clerk was excused and the City Attorney reported
the session ended at 8:50 p.m.
ADJOURNMENT AT 8:50 p.m. to the regular meeting of April 12 at
7:00 p.m.
Jennie M. Fulasz, CMC
CITY CLERK
IDEPUTY CITY CLERK
1206C