HomeMy WebLinkAboutcc min 1988/07/26 The Redevelopment Agency met at 6:30 p.m. and adjourned to a time
following the Regular City Council Meeting of this date.
MINUTES OF A REGULAR CITY COUNCIL MEETING
OF THE CITY OF CHULA VISTA
Tuesday, July 26, 1988 Council Chamber
7:20 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox, Councilmembers Nader, Malcolm,
Moore and McCandliss
MEMBERS ABSENT: None
STAFF PRESENT: Acting City Manager Asmus, Assistant City
Attorney Rudolf, Deputy City Manager Morris
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES
MOTION
MSUC (Cox/Malcolm) to approve the Minutes of the Regular Meeting
of July 12, the Adjourned Meeting and Joint Council/Board of
Ethics Meeting on July 14 and the Regular Meeting of July 19,
1988. (Mayor Cox abstained for the Minutes of July 19 because of
his absence from the meeting; Councilman Malcolm abstained for
the Minutes of the Adjourned Meeting of July 14 because of his
absence from the meeting.)
2. SPECIAL ORDERS OF THE DAY
a. PROCLAIMING THE WEEK OF JULY 31-AUGUST 6, 1988 AS "HOUSEHOLD
HAZARDOUS WASTE COLLECTION WEEK" IN THE CITY OF CHULA VXSTA
Gary Stephany of the Environmental Services Commission for San
Diego County accepted the proclamation for the County Health
Department.
CONSENT CALENDAR (Items 3a - 23)
Pulled items: 4, 6, 7, 15, 16, 17, 18,19, 20, 21, and 22.
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMAN NADER, the
reading of the texts waived by unanimous consent, passed and
approved unanimously.
3. WRITTEN COMMUNICATIONS None.
MINUTES 2 July 26, 1988
4a. REPORT VERIFICATION OF VALID SIGNATURES ON
CONTROLLED GROWTH MANAGEMENT INITIATIVE
(City Clerk)
4b. ORDINANCE ESTABLISHING A CONTROLLED GROWTH ORDINANCE
IN THE CITY OF CHULA VISTA TO ENSURE THE
CITY'S FUTURE QUALITY OF LIFE (Director of
Planning)
RESOLUTION TO ADD A BALLOT MEASURE ON THE CONTROLLED
GROWTH ORDINANCE TO THE PROPOSED CHARTER
AMENDMENTS
Pulled from the Consent Agenda.
5a. RESOLUTION 13692 CALLING AND GIVING NOTICE OF THE HOLDING
OF AN ELECTION TO BE HELD IN SAID CITY ON
TUESDAY, NOVEMBER 8, 1988, FOR THE PURPOSE
OF SUBMITTING TO THE QUALIFIED ELECTORS OF
CHULA VISTA, A VOTE ON EIGHT PROPOSITIONS
AMENDING THE CHARTER OF THE CITY OF CHULA
VISTA, AND CONSOLIDATING SAID ELECTION
WITH THE GENERAL ELECTIONS TO BE HELD ON
THE SAME DATE (City Attorney)
b. RESOLUTION 13693 REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF SAN DIEGO TO CONSOLIDATE A
MUNICIPAL ELECTION, AUTHORIZE SAID BOARD
TO CANVASS THE RETURNS, AND TO PERMIT THE
REGISTRAR OF VOTERS TO RENDER CERTAIN
SPECIFIED SERVICES TO THE CITY OF CHULA
VISTA IN CONNECTION WITH THE CONDUCT OF
THE CONSOLIDATED MUNICIPAL ELECTION ON
NOVEMBER 8, 1988 TO BE HELD IN THE CITY OF
CHULA VISTA
Council approved the recommendation of the Charter Review
Committee for amendments to the Charter, four of which are
clarification of existing provisions in Municipal Code Sections
307, 311, and 312. Other amendments are Regulations of Campaign
Contributions, Mayor's Compensation, City Council Compensation,
Planning Commissioner Compensation, and Eligibility of Youth
Commissioner/Residency.
6. RESOLUTION APPROVING A POLICY ON MINUTES FOR CLOSED
SESSIONS (City Attorney) (Continued from
meeting of July 19, 1988)
Pulled from the Consent Agenda.
7. RESOLUTION APPROPRIATING $50,000 FROM THE
UNAPPROPRIATED BALANCE OF THE GENERAL FUND
FOR THE DEFENSE OF SKOREPA V. CHULA VISTA
(City Attorney)
Pulled from the Consent Agenda.
MINUTES 3 July 26, 1988
8. RESOLUTION 13694 AUTHORIZING PURCHASE OF COMBINATION PUMPER
FIRE TRUCK (Director of Finance)
The Cit of Los Angeles on Bid No. E2-101 requested bids on eight
1,500 G~M the City of Chula
triple combination fire trucks; Vista
was listed on the bid for one unit. The bid was awarded on
Contract No. 59694 to Seagrave Fire Apparatus, Inc., Clintonville,
Wisconsin in the amount of $163,930.92. The truck being replaced
will be sold at auction. Sufficient funds are provided for in the
Equipment Replacement Fund for 1988-89.
9. RESOLUTION 13695 RATIFYING THE THIRD AMENDMENT TO AGREEMENT
WITH SOUTH BAY COMMUNITY SERVICES TO
PROVIDE YOUTH COUNSELING SERVICES, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT (Director of Public Safety)
During the past three years the City contracted with South Bay
Community Services (SBCS) to provide the city's counseling
services. In fiscal year 1988-89, South Be~ Community Services
29
has agreed to provide these services for ,425 (budgeted in
Account 1050-5201); a second juvenile counselor is placed in the
Police Department and that position is funded by a State grant
with no direct cost to the City.
lOa. RESOLUTION 13696 APPROVING AMENDMENT TO AGREEMENT WITH
NATIONAL CITY FOR FIRE DISPATCHING
SERVICES AND AUTHORIZING MAYOR TO EXECUTE
SAID AGREEMENT (Director of Public Safety)
b. RESOLUTION 13697 APPROVING AMENDMENT TO AGREEMENT WITH
IMPERIAL BEACH FOR FIRE DISPATCHING
SERVICES AND AUTHORIZING MAYOR TO EXECUTE
SAID AGREEMENT (Director of Public Safety)
During this fiscal year, the annual cost to operate the fire
dispatch portion of our Communications Center is $151,602. The
actual cost for each agency is based on the percentage of total
calls that are dispatched for that agency applied to the annual
cost.
lla. RESOLUTION 13698 APPROVING FIRST AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND THE
CITY OF NATIONAL CITY PROVIDING FOR THE
USE OF CHULA VISTA'S POUND FACILITIES AND
SERVICES, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AMENDMENT (Director of Public
Safety)
b. RESOLUTION 13699 APPROVING FIRST AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND THE
CITY OF IMPERIAL BEACH PROVIDING FOR THE
USE OF CHULA VISTA'S POUND FACILITIES AND
SERVICES, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AMENDMENT
MINUTES 4 July 26, 1988
In developing the service fees for National City and Imperial
Beach, the formula is based on the number of animals each
jurisdiction brings into the shelter, and this number is applied
as a percentage against the cost to operate the shelter for Fiscal
Year 1988-89.
12. RESOLUTION 13700 ACCEPTING BIDS & AWARDING CONTRACT FOR
TRAFFIC SIGNAL INSTALLATION AT PALOMAR
STREET AND SECOND AVENUE IN THE CITY OF
CHULA VISTA (Director of Public Works)
Council accepted the bids and awarded the contract to low bidder,
MCR Electrical Contractors, Inc. in the amount of $67,b75 which
was below the engineer's estimate by 10.5 %.
13. RESOLUTION 13701 ACCEPTING DRAINAGE EASEMENTS ALONG THE
SOUTH SIDE OF CHULA VISTA jUNIOR HIGH
SCHOOL PROPERTY (Director of Public Works)
The Sweetwater Union High School District expects during the next
couple of years to be constructing a storm drain system in "G"
Street from Fifth Avenue to near their southerly property line and
then extending easterly along their southerly property line tying
into the existing storm drain system at Scripps Memorial
Hospital. Council approved the resolution and directed the City
Clerk to have the drainage easement recorded at the County
Recorder's office.
14. RESOLUTION 13702 ACCEPTING PUBLIC IMPROVEMENTS FOR THE
INSTALLATION OF GUARDRAIL ALONG THE WEST
SIDE OF BAY BOULEVARD NORTH AND SOUTH OF
"L" STREET IN THE CITY OF CHULA VISTA
(Director of Public Works)
Atlas Fence Co. completed the installation of the guard rail along
the west side of Bay Boulevard (north and south of "L" Street) on
June 22, 1988. A final inspection was made on July 15, 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.
15. RESOLUTION ORDERING THE SUMMARY VACATION OF A PORTION
OF FRESNO STREET AND ALLEYS IN ANNETA
SUBDIVISION (THUNDERBIRD MOBILE LODGES)
(Director of Public Works)
Pulled from the Consent Agenda.
16. RESOLUTION APPROVING INSTALLATION OF ALL-WAY STOP AT
HILLTOP DRIVE AND PEPPERTREE ROAD/"G"
STREET INTERSECTION (Director of Public
Works)
Pulled from the Consent Agenda.
MINUTES 5 July 26, 1988
17. ORDINANCE 2275 AMENDING CHAPTER 5.46 OF THE CHULA VISTA
MUNICIPAL CODE BY ADDING THERETO A NEW
SECTION 5.46.020 RELATING TO DISCLOSURE OF
MELLO-ROOS DISTRICT, ASSESSMENT DISTRICTS
AND OPEN SPACE DISTRICTS - SECOND READING
& ADOPTION (City Attorney)
Pulled from the Consent Agenda.
18. ORDINANCE 2276 AMENDING SECTIONS 17.24.050j AND 19.68.030
TABLE III OF THE CHULA VISTA MUNICIPAL
CODE REGARDING NOISE LIMITATIONS SECOND
READING & ADOPTION (City Attorney)
Pulled from the Consent Agenda.
19. ORDINANCE AMENDING SECTION 1.08.010 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO USE OF
THE CITY SEAL - FIRST READING (Assistant
City Attorney}
Pulled from the Consent Agenda.
20. REPORT ON GENERAL PLAN UPDATE (Continued from
meeting of June 21, 1988) (Director of
Planning)
Pulled from the Consent Agenda.
21. REPORT CONCERNING CHANGES TO MUNICIPAL CODE
SECTION 9.50, MOBILEHOME PARK SPACE-RENT
MEDIATION (Continued from meeting of June
21, 1988) (Community Development Director)
Pulled from the Consent Agenda.
22. REPORT REGARDING THE WOODLAWN CHURCH COMPLAINT OF
A NUISANCE (City Attorney)
Pulled from the Consent Agenda.
23. REPORT ON PROPOSED DOMESTIC RODENT PROGRAM
(Director of Building & Housing)
The County of San Diego Department of Environmental Health, Vector
Control Division, completed an authorized domestic rat survey
within the City of Chula Vista and submitted an analysis of
identified areas within the community of known roof rat
infestations, suspected rat harborages, available food sources and
proposed cost estimates for County Vector Control Services. As
proposed, such services would provide two full-time Vector Control
Technicians with related staffing (supervisory and clerical
support), equipment and supplies, plus miscellaneous overhead
costs at an annual cost of $121,391. An additional $24,000 for
acquisition of two vehicles for the Vector Control Technicians
would accelerate the first year costs to $145,391.
MINUTES - 6 - July 26, 1988
The City Manager recommended that several options, including San
Diego County's proposed program, be submitted for further study:
1. Provide a public information effort and private sector
rodent control services on an as needed basis.
2. Initiate a cross-training domestic rodent program for
existing City personnel.
3. To accept a portion of the County program which opts for
the services of one Vector Control Technician rather than
the proposed two.
Council accepted the report and directed staff to initiate a
program for cross-training City personnel in rodent control
measures,
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
24. PUBLIC MEETING ON PROPOSAL INCREASING THE SEWER SERVICE
CHARGE FOR ALL MONTGOMERY RESIDENTS
(Continued from meeting of duly 19, 1988)
(Director of Public Works)
REPORT CONCERNING INCREASING THE SEWER SERVICE
CHARGE FOR ALL MONTGOMERY RESIDENTS
RESOLUTION 13703 MODIFYING MASTER FEE SCHEDULE RELATIVE TO
INCREASING THE MONTGOMERY SEWER SERVICE
CHARGES
This being the time and place as advertised, the Public Meeting
was declared open.
Director of Public Works Lippitt reported that at a recent meeting
of the Montgomery Planning Committee, by a vote of 6 to l, it was
recommended that the rates be increased to $70 per year.
Discussion centered on the status of the reserves and how they
were reduced and the difference in results if the area had stayed
with the County.
Antonio Castro, 158 Zenith, Vice Chairman of the Montgomery
Planning Committee stated he was the one vote in opposition
because of unanswered questions relating to the increase in the
sewer fee. Use of the reserve fund showed it would have been
depleted and Mr. Castro requested more pre-annexation.
Director Lippitt presented a visual for Councilmembers which
explained a depletion of reserves if still handled by the County,
and what actually happened under the City; the main reason the
reserves are going down is that the San Diego costs (sewer
services) are rising rapidly.
There being no others to speak for or against this item, the
public meeting was closed.
MINUTES 7 - July 26, 1988
MOTION
MSUC (Cox/Moore} to accept the Report and requested staff to
provide the documentation to the Montgomery Committee Planning
Group.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
25. PUBLIC HEARING TO CONSIDER THE CONFIRMATION OF THE SPREAD
OF ASSESSMENTS, EASTLAKE MAINTENANCE
DISTRICT NO. 1 (Director of Public Works)
RESOLUTION 13704 LEVYING THE ASSESSMENTS FOR EASTLAKE
MAINTENANCE DISTRICT NO. l
This being the time and place as advertised, the Public Hearing
was declared open.
Director of Public Works Lippitt reported the proposed the
assessments will pay for the costs of water and general
maintenance of the landscaping in the median islands within East
"H" Street, the stub streets entering EastLake Hills and EastLake
Shores, Otay Lakes Road and EastLake Parkway.
Director Lippitt reported one telephone call was received from a
citizen in the area to answer a question and another telephor~e
call to clarify that the increase stated was for an entire year
which relieved concern. Two letters were received in opposition:
Robbin Herrin, 776-177 Eastshore Terrace, Chula Vista, 92013; and
Elaine Roccio, 13636 Freeport Road, San Diego, 92129.
There were no others to speak for or against this item and the
public nearing was closed.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
Councilmembers discussed the provisions of the Maintenance
District; the benefit for the homeowners and that annually the
residents of the district can report any changes to the provisions
at a meeting to which the residents will be invited.
26. PUBLIC HEARING PCZ-B8-O: CONSIDERATION TO PREZONE 1.11
ACRES ADJOINING THE EASTLAKE BUSINESS
CENTER TO P-C PLANNED COMMUNITY ZONE
EASTLAKE DEVELOPMENT COMPANY (Director of
Planning)
ORDINANCE 2277 PREZONING 1.11 ACRES TO P-C (EASTLAKE
BUSINESS CENTER DISTRICT BC-1)
This being the time and place as advertised, the Public Hearing
was declared open.
MINUTES 8 - July 26, 1988
Director of Planning Krempl reported the Environmental Review
Coordinator conducted an Initial Study, IS-88-66, of potential
impacts associated with the implementation of the project. The
Coordinator has concluded there would be no significant
environmental impacts, and recommends adoption of the Negative
Declaration. Director Krempl explained this a prezoning of land
in the unincorporated area of 1.11 acres and will be changed to a
Planned Community designated Business Center.
There were no others to speak for or against this item and the
public hearing was closed.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
27. ORAL COMMUNICATIONS
a. Paul L. Greene, St., 141 Lotus Drive, Woodlawn Park,
representing the Greene Family Homestead, reported that he has
attempted to dismiss a suit against a Councilman but was
advised the Councilman should appear in Court with Mr. Greene
on August 9, 1988 or to appeal within thirty days.
PULLED ITEMS
4a. REPORT VERIFICATION OF VALID SIGNATURES ON
CONTROLLED GROWTH MANAGEMENT INITIATIVE
(City Clerk)
On June 29, 1988, Dr. Joseph Cummings filed a petition regarding a
Growth Management Measure with the City Clerk and, in order to
qualify the Measure on the ballot, 5,468 signatures are needed.
The signatures have been checked by the Registrar of Voters and
have been found to be sufficient to qualify the Measure on the
November 8, 1988 General Election. Council has the option of (1)
either adopting the ordinance without alteration or (2) order the
Proposition to be placed on the November 8, 1988 ballot.
4b. ORDINANCE ESTABLISHING A CONTROLLED GROWTH ORDINANCE
IN THE CITY OF CHULA VISTA TO ENSURE THE
CITY'S FUTURE QUALITY OF LIFE (Director of
Planning)
RESOLUTION 13705 TO ADD A BALLOT MEASURE ON THE CONTROLLED
GROWTH ORDINANCE TO THE PROPOSED CHARTER
AMENDMENTS
The Director of Planning submitted a report declaring the
ordinance is not particularly deleterious nor is it viewed as
highly desirable or necessary by staff.
Joseph D. Cummings, 1848 Ithaca Street, 92013, proponent of the
Initiative, explained his reasons for the petition and the lack of
any opposition of people signing it. He requested that the
Ordinance be placed on its First Reading without alteration.
MINUTES 9 July 26, 1988
Peter Watry, 81 Second Avenmue, represented Crossroads and
referred to statements in the petition to overburdening of public
facilities and quality of life in Chula Vista, and of the
Thresholds and Growth Management efforts of the City to accomplish
this. In conclusion, Mr. Watry offered that if Council feels this
is a hindrance to good planning, this issue should be placed on
the ballot with a strong argument and let the people decide.
Councilman Malcolm questioned Dr. Cummings if he would consider an
amendment to the ordinance to allow changes that need to be made,
since the Initiative as stated would preclude this. When
questioned regarding the intent, Assistant City Attorney Rudolf
reported the ordinance itself has a section of purposes and intent
and a statement of voter intent as well as specific provisions
pertaining to zoning modification. After discussion, Dr. Cummings
stated it would be irresponsible for him to comment on proposed
amendments to the ordinance since he has no knowledge of the
projects given in the Councilman's example and questioned how the
Initiative can be amended without first being apaproved.
Councilwoman McCandliss stated her inclination is to put the
ordinance on first reading; it is not inconsistent with what the
City is now doing with the General Plan. Councilman Moore stated
his problem with the Initiative is that it ties the government's
hands and stated the example of Proposition 13. Councilman Nader
suggested that Council place an alternative issue on the ballot
addressing that less than 5 to 0 vote, as stated in the proposed
ordinance, would be adequate to make changes to the ordinance; and
the wording of the Statement of Voter Intent in the proposed
ordinance was also questioned.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent.
Mayor Cox addressed the issue stating Council, thus far, has acted
deliberately and slowly with the General Plan which has been time
consuming but has been encouraging to have the cooperation of all
the developers to produce the results over the last year and to
share them with cities around the state. Dr. Cummings has worked
hard to present this Initiative for the ballot and Mayor Cox
suggested Council do so.
VOTE ON THE RESOLUTION
Resolution passed. Councilmembers Malcolm and McCandliss voted no.
Councilman Nader questioned the time frame for measures on the
ballot and City Clerk Fulasz reported that everything must be
finalized and to the Board of Supervisors by August 12. She
clarified that when she certifies the results to Council, one of
two things must result either Council must place the ordinance
on its first reading or place it on the ballot; no continuance is
allowed.
MINUTES lO July 26, 1988
MOTION
MS (Nader/Malcolm) to direct the City Attorney to bring back for
consideration at the next meeting a measure to be placed on the
ballot which, if adopted, would have the effect of amending the
Initiative to clarify that in any situation in which a density
transfer or clustering provides the opportunity for conservation
of open space, the Council by a three vote majority can accomplish
that result.
Councilman Malcolm stated his request to have any other amendments
or recommendations set on the Agenda so that Council could take
appropriate action at the next meeting. Assistant City Attorney
Rudolf suggested, to satisfy the requirements of the Brown Act,
staff will have a resolution ready to place on the ballot to add
another section, which could go on the ballot simultaneously, to
be apoproved or disapproved as a separate ballot measure; and when
the resolution is before Council it can be amended.
RESTATED MOTION
MSUC (Nader/Malcolm) to direct the City Attorney to come back next
week with a draft of a measure to be placed on the ballot by
Council which would have the effect, if passed and if the
Initiative Council just placed is also passed, of clarifying that
Council, by a three vote majority may approve a plan for density
transfer or clustering in return for preservation of additional
open space.
MOTION
MSUC 1McCandliss/Malcolm) that staff provide an analysis of the
zoning issue as it relates to the section under "Purposes and
Intent" and certain findings that would have to De made to allow
Council to take action in the event it passes.
6. RESOLUTION 13706 APPROVING A POLICY ON MINUTES FOR CLOSED
SESSIONS (City Attorney) (Continued from
meeting of July 19, 1988)
The City Attorney's report discusses a proposal to keep minutes of
closed sessions and recommends that the City expand its current
record keeping procedures to include attendance records. A
proposed policy was submitted if Council wished to require minutes
of specifications and votes. It was recommended Council approve
an attendance provision to the City's current record keeping
practices but not keep specific minutes of action and votes.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent.
Councilman Malcolm restated his belief that tape recordings should
be kept and later revealed to the public if requested and no
longer of a confidential nature. Assistant City Attorney Rudolf
clarified that records are not maintained presently but the law
does require a memorandum from the City Attorney advising the
Council of litigation matters and that is maintained.
MINUTES - ll July 26, 1988
AMENDMENT TO THE RESOLUTION
MS (Nader/McCandliss) to amend the motion to incluOe a quarterly
requirement that the City Attorney review the records of Council's
Closed Sessions and make a recommendation to be brought before the
Council of those which legally should be and can be disclosed to
the public because of the passage of events the Oisclosure can no
longer involve any prejudice to the public interest.
Assistant City Attorney Rudolf stated the memoranda as prepared
states that sometime after the litigation, the above becomes a
matter of public record anyway. Property acquisitions,
negotiations to instructors for labor negotiations and "other"
items are generally the kind that ought not be revealed because,
in the long term, it would damage the City's posture.
SUBSTITUTE AMENDMENT TO THE RESOLUTION
MS (Nader/McCandliss) to refer to the information pertaining to
the action taken and the actual vote on the actions.
Councilmembers and the Assistant City Attorney oiscussed the
closed session actions, the positive duty on the part of the City
Attorney, the fact that anyone who is interested, by operation of
law, can now come and see some of the records under Government
Code 62.54 within a stated time after the subject is settled, what
is now in place for compliance, the fact that the items could
somehow end up in an opponent's hands during a litigation and how
an "astute counsel" could search through the records and figure
out how the City handles this kind of litigation. If closed
session records are kept separately, the records will become
public by' operation of law; the minutes of closed session will
become public by operation of the Council policy.
SUBSTITUTE MOTION
(Cox/Nader) to refer Councilman Nader's amendment to the City
Attorney to come back in thirty days with an analysis of the
amendment and what is the current operation of law is.
(Councilmembers Malcolm and Nader voted no.)
VOTE ON THE RESOLUTION AS OFFERED
Motion passed unanimously.
Councilwoman McCandliss reported the County also tapes their
meetings and, when some of the tape recordings were recently
subpoenaed, the County ended up losing in court because of
language and intent that was taken from the tape.
MOTION
MS {McCandliss/Malcolm) to refer to staff for evaluation other
technical things and how the minute book is available, to whom,
and under what circumstances.
ADDITION IN THE MOTION
M (Malcolm/McCandliss) to include every state agency, Public
Utilities Commission, and the Coastal Commission, which never in
history that is known, have those tapes been used against them.
MINUTES 12 July 26, 1988
VOTE ON THE MOTION AND ADDITION TO THE MOTION
Motion passed unanimously.
At 9:35 p.m., Council recessed and reconvened at 9:40 p.m.
7. RESOLUTION 13707 APPROPRIATING $50,000 FROM THE
UNAPPROPRIATED BALANCE OF THE GENERAL FUND
FOR THE DEFENSE OF SKOREPA V. CHULA VISTA
(City Attorney)
The City has retained the firm of McDermott, Will & Emery for
defense in Skorepa v. City of Chula Vista, a case which challenges
the City's election system. By adoption of this resolution, the
Council would appropriate $50,000 for defense of this lawsuit.
Plaintiffs have filed voting rights actions against the City of
Chula Vista along with San Diego and National City alleging that
the current election system discriminates against hispanics.
These lawsuits would seek to impose district elections on all
three cities.
Councilman Nader expressed his concerns with the money involved.
Councilman Malcolm questioned whether ity of Chula Vista could
enter into an agreement with the plaintiffs to put things on hold
and bring the issue to the voters. Assistant City Attorney
reported that the proposal was not made to the City of Chula Vista
to his knowledge; the work has already been done and this is an
appropriation for services already rendered.
Mary Frances C3ick, llO0 Industrial Boulevard, reported that the
Charter Review Board found there are no lines which could be ~rawn
to segregate only hispanic districts and the Board recommended
against districts at this time.
Paul L. Greene, Sr., 141 Lotus Drive, requested Council give
consideration to home rule; and that silent consent will no longer
be given for litigation in Closed Sessions.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved. {Councilman
Nader voted no.)
15. RESOLUTION 13708 ORDERING THE SUMMARY VACATION OF A PORTION
OF FRESNO STREET AND ALLEYS IN ANNETA
SUBDIVISION (THUNDERBIRD MOBILE LODGES)
(Director of Public Works)
The owners of the Thunderbird Mobile Lodge recently discovered
that the alleys within the property were not vacated after they
consolidated the lots formed by the Anneta Subdivision map. It
was recommended Council adopt the resolution and direct the City
Clerk to forward the resolution to the County Recorder.
MINUTES 13 July 26, 1988
Councilman Malcolm referred to City policy when vacations are
requested, the property owners were paid a fair market value for
the property. Director of Public Works Lippitt referred to this
as a summary vacation which has never been used by the City and
not considered to be subject to the policy.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
16. RESOLUTION 13709 APPROVING INSTALLATION OF ALL-WAY STOP AT
HILLTOP DRIVE AND PEPPERTREE ROAD/"G"
STREET INTERSECTION (Director of Public
Works)
Deputy Director of Public Works Swanson reported an All-Way Stop
Control study was done by staff in which this intersection
received 30 points out of a possible 50, satisfying the criteria
for installation. Staff recommended Council adopt the resolution
and that the shrubbery which reduces the sight distance be removed
or trimmed by the residents at 398 & 404 Hilltop Drive and 7
Cresta Way.
Larry Colman, 368 Hilltop Drive, 92010, noted this issue started
with the signatures of 33 residents in the vicinity, and
reiterated the many accidents occurring at the intersection, at
which the dangerous hill condition can be confirmed by the traffic
incidents.
Additionally, the roadway has a gravel condition which adds to the
problem.
Mrs. James Cappas, 404 Hilltop Drive, 92010, commented on the many
accidents and near misses in the area when cars run the stop
sign. When crossing Hilltop, motorists stop after the stop sign
in order to see the traffic. Stop signs have been attempted
previously and did not work and suggested a blinking stop ahead
sign on Peppertree to safely warn the drivers.
Mr. James Cappas, 404 Hilltop Drive, 92010, remarked that
Peppertree Road is undeveloped and not wide enough. The stop
signs there now are adequate, but the widening of the road would
help along with the suggested blinking light. Additionally, the
large dip in the road should be repaired for safe driving.
Councilman Moore discussed his opposition to stop signs.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the
text was waived by unanimous consent.
AMENDMENT TO THE RESOLUTION
MSUC {Cox/McCandliss} to request a six month evaluation to come
back to Council and an evaluation of the flashing light on
Peppertree and whether a "stop ahead" sign would be appropriate.
VOTE ON THE RESOLUTION AND AMENDMENT
Motion passed. (Councilman Moore voted no.)
MINUTES - 14 July 26, 1988
Mr. Cappas requested Council follow up on the situation and have
the telephone company move the telephone boxes which are situated
at the intersection and cause visibility problems.
FOLLOW UP MOTION
MSUC (Cox/McCandliss) to direct staff to evaluate the cross gutter
on Vista Way and whether there is a need for road repairs on
Peppertree east of "G" Street, and to contact the Pacific
Telephone to request that the telephone boxes be removed from the
intersections.
17. ORDINANCE 2275 AMENDING CHAPTER 5.46 OF THE CHULA VISTA
MUNICIPAL CODE BY ADDING THERETO A NEW
SECTION 5.46.020 RELATING TO DISCLOSURE OF
MELLO-ROOS DISTRICT, ASSESSMENT DISTRICTS
AND OPEN SPACE DISTRICTS SECOND READING
& ADOPTION (City Attorney)
The ordinance, placed on First Reading at the Meeting of July 19,
requires increased disclosure of Mello-Roos districts, assessment
districts and open space districts upon the sale of a new home,
and also provides buyers with notice of an opportunity to pay off
costs associated with these districts at the time of purchase of
the property.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent.
AMENDMENT TO THE ORDINANCE
MSUC (Nader/Moore) to require larger, tripled in size, lettering
on the heading and that it be in the color red.
VOTE ON THE ORDINANCE AS AMENDED
Motion passed unanimously.
18. ORDINANCE 2276 AMENDING SECTIONS 17.24.050J AND 19.68.030
TABLE III OF THE CHULA VISTA MUNICIPAL
CODE REGARDING NOISE LIMITATIONS SECOND
READING & ADOPTION (City Attorney)
The ordinance, placed on First Reading at the Meeting of July 19,
expands the prohibition against construction noises in residential
zones from 7:00 a.m. to 8:00 a.m. on weekends.
ORDINANCE OFFERED BY MAYOR COX, the reading of the text was waived
by unanimous consent, passed and approved unanimously.
MOTION
M"S'O'C'[Malcolm/Cox) that a referral be made to staff to investigate
the question of allowing contruction to lO:O0 p.m.
19. ORDINANCE 2278 AMENDING SECTION 1.OB.010 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO USE OF
THE CITY SEAL - FIRST READING (Assistant
City Attorney)
MINUTES - 15 July 26, 1988
The ordinance accurately describes the new (1985) official seal,
codifies the official City logo; and makes illegal any malicious
misuse of either the official seal or the official logo.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved unaimously.
20. REPORT ON GENERAL PLAN UPDATE (Continued from
meeting of June 21, 1988) (Director of
Planning)
Councilman Malcolm left the meeting at this time (10:35 p.m.)
Director of Planning Krempl summarized the report for Council who
had received an in-depth copy including the recommendation by the
Staff and the Planning Commission.
1. General Plan Policies on Open Space and Density Credit
for Public Facilities - the Planning Commission (a) recommends
approval of a policy for no development in the open space areas,
allows a density transfer credit of 1 dwelling unit per lO acres
from Open Space lands to other residential development areas; (b)
approves the "Hillside Design and Development Guidelines" for
inclusion in the General Plan; and (c) does not approve a change
to the General Plan map for a portion {26 acres) of Donira Meadows
from Open Space to Residential-Low (0-3 dwelling units per acre).
Staff does not concur with the recommendation in (c).
2. United Enterprises Letter a draft reply is in process
and should be completed shortly.
3. Fiscal Impact Report - The policy and proposals will
require additional time to prepare.
4. Salt Creek Ranch Transition area Staff recommends
approval of Residential-Low Medium (3 to 6 dwelling units per
acre) with a policy in the text specifying an entitlement to the
maximum density of 6 dwelling units per acre due to the unique
residential-industrial land use transition characteristic of this
area.
5. UNOCAL Land Use Staff recommends considering this after
Council has inspected the property.
6. Evaluation of County Growth Measures Impact on Bonita
Meadows - This report will be forthcoming as soon as the County
Board of Supervisors decides on their growth control measures.
Currently, the Board has scheduled August 3 to make their decision
on placing a growth control measure on the November 8 ballot.
MINUTES 16 - July 26, 1988
7. 70/30 Clustering Policy - Staff concurs with the Planning
Commission recommendation that the 70/30 Clustering Policy be
retained to ensure that new development is predominantly
consistent with the applicable General Plan density. However, the
Commission further recommends that the language of the policy be
clarified and that implementation procedures be prepared to assist
in a consistent interpretation of the policy with respect to
future development projects.
Director Krempl requested direction to proceed with General Plan
text as outlined in Items l, 4, and 7 and to defer Items 2, 3, 5
and 6 to sometime in the month of August.
Director Krempl and P&D Technologies Inc. Consultant Gary Wood
addressed Council's questions concerning the draft Hillside Design
and Development Guidelines sections: 2.1.4 down-slope lot use of
front yard garages as well as reduced setbacks and 2.2.2, which
will not compromise traffic safety or emergency vehicle access,
but deserves more study to accomplish standards; the Hillside
Overlay Zone which defines deep slope areas which could possibly
be developed and those over 25% which are also designed for open
space.
Peter Watry, 81 Second Avenue, representing CROSSROADS, stated
concurrence of no development of open spaces on slopes over 25%,
that development of hillsides would be most expensive for the City
to maintain, and that no exception should be given to Bonita
Meadows nor Unocal in their developments. Mayor Cox suggested
that Bonita Meadows' development is not similar in that they have
an approved tentative map by San Diego County.
Greg Smith, 11975 E1 Camino Real, representing the Baldwin
Company, noted his presence in the event of questions by Council.
Charles Gill, 600 "B" Street, Attorney representing the Buie
Corporation. remarked on Mr. Watry's statements that, from the
conception of the Buie Corporation project this has been
site-specific and an in-depth analysis has involved many changes
which is comfortable to both the Corporation and to staff for a
unique development.
Douglas E. Buie, 16935 West Bernardo Drive, 92127, representing
the Buie Corporation, stated his feeling of pride with the project
and assured Council of an excellent job stating members of his
team are present for answers to questions.
Tony Lettieri, 533 "F" Street, #209, San Diego 92101, Planner
representing the Buie Corporation and who is working with staff on
the concept plan stated support of staff's recommendation and
presented the Estrada exhibits to show the 25% sloped area
designated as open space and explained the reasons. Instead of
the originally planned development of 48 acres of the 25% sloped
area, this now shows approximately 18 acres. Staff asked for a
site specific basis for development and the Buie Corporation
preserved five major ridges, preserved the natural creek
natural drainage features as well as the transition area between
MINUTES - 17 - July 26, 1988
the developed areas and the the open space designation, and
additionally, proposed a high quality development. Mr. Lettieri
asked for Council support to proceed by October of this year to
meet an established deadline.
Bob Rubalcaba, 16935 West Bernardo Drive (~104), 92128,
representing Coast Savings, reported that Coast Savings is the
current owner of the project which was acquired through the
Federal Savings and Loan Insurance Corporation (FSLIC). The
agreement states that all current property rights of the Bonita
Meadows property must be preserved as a mobilehome subdivision
through San Diego County with the final map recorded by the end of
1988. The Buie Corporation presently holds an option on the
property which expires in October 1988. Unless this evening's
action is positive for the Buie Corporation, Coast Savings will
not extend the option and will complete the recordation of a
mobilehome location on the Bonita Meadows property.
MOTION
MSC FCox/Moore} to continue items 2, 3, 5 and 6 to a regular
meeting on August 23 or sooner. (Councilman Malcolm out)
MOTION
)[Sl~'('Cox/Moore) to accept the staff recommendation which is
consistent with the Planning Commission recommendation on items
la, lb, and 4. (Councilman Malcolm out)
MOTION
MSC (Cox/McCandliss) to accept the staff recommendation to
authorize the property of the Buie Corporation to move forward for
consideration. (Councilman Malcolm out)
Mr. Rubalcaba reported they have an obligation to preserve the
rights associated with the project unless they can find an
alternative that will yield more dollars to Coast Savings and to
FSLIC. If the Buie option is not granted, Coast Savings will
complete the process for the mobilehome location final map; there
is no choice.
In answer to Mayor Cox, Director Krempl reported, although a
detailed analysis has not been completed and has not been
presented to the Planning Commission, it would be staff's
expectation no development would be approved that is not
consistent with the guidelines. Mayor Cox agreed that Coast
Savings has a fiduciary obligation to move forward and obtain the
highest dollar return, referred to concerns as expressed by Mr.
Watry, but agrees with staff's recommendation to approve the
change to the General Plan in regard to the hillside development
proposal.
VOTE ON THE MOTION
Motion approved. (Councilman Nader voted no; Councilman Malcolm
out)
MINUTES 18 - July 26, 1988
Councilman Nader reported on item 7 - the 70/30% Clustering
Policy, in the interest of affordable housing and open space
preservation; the General Plan should reflect the maximum possible
flexibility for this area and stated it might be appropriate to
postpose this item.
MOTION
MS T~'~der/McCandliss) to bring back a policy that would allow, at
Council's discretion, a total transfer of density for open space
provided that, on a case by case basis, the Council can see a
benefit to that to justify the transfer.
Councilwoman McCandliss questioned the implementation and whether
this would allow some projects that are dramatically different to
meet the standards. Each Councilmember gave input and concurred
that the motion should be restated.
MOTION RESTATED
MSC (Nader/McCandliss) to direct staff to draft language and bring
back a policy to set the 70/30 ratio but when an exceptional
public benefit is provided, Council could allow a higher ratio.
(Councilman Malcolm out.
21. REPORT CONCERNING CHANGES TO MUNICIPAL CODE
SECTION 9.50, MOBILEHOME PARK SPACE-RENT
MEDIATION (Continued from meeting of June
21, 1988) (Community Development Director)
Staff recommended Council review the proposed changes to Municipal
Code Chapter 9.50 and (1) direct staff to return with a public
hearing and first reading of an ordinance of all administrative
changes discussed in this report, and (2) wait to take any action
concerning the proposed binding arbitration section until the
Bayscene Mobilehome Park mediation is completed and the Mobilehome
Issues Committee has fully reviewed the proposed language.
Assistant Director of Community Development Gustarson reported, at
a meeting of the Mobilehome Issues Committee this date', action was
taken to recommend a substantial change that has impacts
throughout the ordinance. The Committee would like the
opportunity to review the specific language, as well as observe
the outcome of the Bayscene mediation before submitting a specific
referral.
Mary Frances Click, llO0 Industrial 8oulevard, reported the
success of the meeting at which the members recommended every
reference in the ordinance to "mediation" be removed or replaced
with the word "negotiation". Additionally, it was reported that
the negotiation relating to Bayscene is progressing but there has
been no preparation for paying the mediators.
MS (McCandliss/Nader) that the item be continued for two weeks and
set for a Public Hearing.
I4INUTES - 19 - July 26, 1988
James Lovett, 100 Woodla~al, Bayscene Park, reported that while the
mediation process is in process, allother rent increase ~as
received and stated his concurrence that this should go directly
into binding arbitration.
Acting City Hanager Asmus requested that the item be continued for
three weeks to allow time to accomplish necessary staff reports.
i. IOTION
MSC (McCandliss/llader) that tile item be continued for three ~ee~s
and set for a Public l{earing (August 16, 1988) . (Councilman
Malcolm out )
22. REPORT REGAKDING THE WOODLAWN CItURCtI CO~iIPLAi~I' OF
A NUISAi~CE (City Attorney)
The Woodlawn Church has complained about a nuisance caused Dy its
neighbor who allows his horses to trespass on church property.
Staff is currently prosecuting this neighbor and will ve adding
further charges if this nuisance is not abated. There may be a
need to bring a civil action to abate tile nuisance.
Council%~oman McCandliss questioned why immediate abatement call not
be accomplished at this poi,lt. Acting City Manager Asmus reported
his office has been involved in this issue, the Director of
Building and Housing has sent a letter to advise of the new
violations and until the person is permitted due process staff
must wait the allotted time.
MOT I ON
HSC ~ox/Hoore) to accept tile staff report and give direction to
move for~ard with deliberate speed. (Councilman Malcolm out)
Paul L. Greene, Sr., 141 Lotus Drive, questioned ~hether l.ir. tlolt,
tile owner of the property, might be of t~e opinion the City may be
required to help in the cost by a grandfa~hered clause. lilt.
Greene also questioned if Council requires recovery of all
expenses incurred to quiet tile disturances between the residents
and the foreign corporations in Woodland Park, if tile three
churches in Woodland Park are required to obtain and rene~
non-conforming building permits, and how much set back footage
from a real or assumed property line can be ellforced on the
placing of adjacent fence posts by temporarily peace-disturbing
citizens.
Hayor Cox requested sta£f to submit his questions to the City
Clerk who will forward to staff and request that they get back to
14r. Greene ~lith tile answers.
28. REPORT OF THE CITY I4A~IAGER - None
MINUTES 20 - July 26, 1988
29. MAYOR'S REPORT -
a. Congratulations were offered Councilwoman McCandliss on her
election by the Mayor's City Selection Committee to be the
Alternate Member to the Local Agency Formation Committee
(LAFCO) for a term to expire on May l, 1989.
b. MOTION
MSC T~ox/Moore) to direct staff to report back to Council on a
letter to staff received from Robert Scott, President of
Mascot Realty, requesting his 18 acre property adjacent to
that of the City's 14 acres on the Sweetwater River Valley be
considered for a zone and General Plan amendment in the
Planning process. (Councilman Malcolm out.)
c. Report of action taken at the Coastal Conservancy Meeting in
Santa Cruz on Friday, September 22, to approve the $50,000
Planning Grant (on a 4 to 1 vote) for the enhancement plan for
the property westward of Interstate 5 in the Otay River
Valley. It was agreed to also study a possible relocation of
the South Bay bike route.
d. At the Bay Conservancy Trust meeting a report from Mark
Weitzel, Refuge Manager of the Tijuana Estuary Sanctuary, was
presented concerning their proposals. It was suggested that
sometime in the future Mr. Weitzel be invited to a Joint
Workshop Session to introduce his proposals and brief the
Council and the Redevelopmerit Agency on the efforts of the U.
S. Fish and Wildlife Service.
e. On July 19th, the Port District approved a permit for the
public berthing pier and bids will be coming back for
construction in the latter part of September 1988.
30. COUNCIL COMMENTS
COUNCILMAN NADER: (who presented Councilman Malcolm's item)
a. AB 3341 (Floyd) The bill mandates that all cities use
binding arbitration in negotiations with safety officers in
the event of an impasse. Councilman Nader offered that this
is properly a matter for collective bargaining between each
City and its employees.
MOTION
M'~'C'{'McCandliss/Nader) to direct the Legislative Committee to
prepare a letter for the Mayor's signature strongly opposing AB
3341. (Councilman Malcolm out)
MINUTES - 21 - July 26, 1988
COUNCILMAN MOORE:
b. Reported there are a number of commission and committee
applicants to be interviewed. Mayor Cox announced he will
direct the Council Secretary to contact Councilmembers to set
the dates.
COUNCILWOMAN McCANDLISS:
c. Request was made that in the future efforts be made to bring
the fireworks on a Fourth of July closer to the Marina in
Chula Vista in order to enjoy the full impact.
d. Trash is accumulating over weekends at the Marina and is not
being properly policed by the San Diego Port District who will
be contacted.
e. The write up on the South Bay Extravaganza 2000 at the Marina
reported rapid growth in the area by "marketing" people who
are not representative of the efforts of City staff and
Council.
ADJOURNMENT AT 11:45 p.m. to the Regular Meeting of August 2, 1988
at 4:00 p.m.
Jennie M. Fulasz, CMC
~ -- CITY CLERK
Jean Fortune, CMC
DEPUTY CITY CLERK
1287C