HomeMy WebLinkAboutcc min 1988/08/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, August 16, 1988 Council Chamber
7:00 p.m. Public Services Building
~OLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers Nader, Moore,
McCandliss, Malcolm
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, Deputy City Manager
Morris, Assistant City Manager Asmus,
Assistant City Attorney Rudolf
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
The Pledge of Allegiance to the Flag was led by Mayor Cox followed
by a moment of silent prayer.
1. APPROVAL OF MINUTES for the regular meeting of August 2, the
joint Council/Charter Review Committee meeting of August 8 and
the regular meeting of August 9, 1988.
Councilman Malcolm stated that he would abstain on the approval of
the minutes of August 9 since he was not present at that meeting;
Mayor Cox noted that the joint Council/Charter Review Committee
minutes of August 8 were not in the packet and would be considered
for approval next week.
MSUC (McCandliss/Moore) to approve the minutes for the regular
meetings of August 2 and 9, 1988. Councilman Malcolm abstained
on August 9 minutes.
2. SPECIAL ORDERS OF THE DAY
a. RESOLUTION 13735 COMMENDING BILL DOTSON, CALTRANS DISTRICT
DIRECTOR, UPON THE OCCASION OF HIS
RETIREMENT
RESOLUTION 13736 COMMENDING DR. LEWIS BEALL ON HIS
RETIREMENT FROM THE CHULA VISTA CITY
SCHOOL DISTRICT
RESOLUTIONS OFFERED BY MAYOR COX, the reading of texts was waived
by unanimous consent, passed and approved unanimously.
b. The City Clerk administered the Oath of Office to John Allen,
Art Renteria (Human Relations Commission), James W. Waller
(Resource Conservation Commission)', and Robert S. Thomas
{Safety Commission)
~inutes 2 August 16, 1988
CONSENT CALENDAR (Items 3a 19)
Items pulled: 3c, 3d, 5, 12, 13, 16, 17, 19
MSUC (Moore/Nader) to approve the balance of the Consent Calendar.
3. WRITTEN COMMUNICATIONS
a. REQUEST TO AMEND ORIGINAL AGREEMENT WITH CITY FOR REQUIRED
PUBLIC IMPROVEMENTS South Bay Pioneers, 270 "C" Street,
Chula Vista 92010
Council directed that the request be referred to staff for more
complete analysis and, if the proposal appears acceptable, to
prepare an amended agreement for Council's consideration and
approval.
b. REQUEST FOR WAIVER OF FEES Bonita Valley Lions Club, P.O.
Box 972, Chula Vista 92012
Council directed that the Bonita Valley Lions Club's request for a
waiver of the $100 fee for use of a shelter at Rohr Park be
approved, but that the refundable $1OO Cleaning Deposit be
required.
c. COMPLAINT REGARDING NOISE PROBLEMS AT SOUTHWESTERN COLLEGE -
Murat & Peggy Shekem, 1668 Yale Street, Chula Vista 92013
Pulled from Consent Calendar.
d. CONCERNS REGARDING ZONING REGULATIONS IN 700 BLOCK OF SECOND
AVENUE ~ Kenneth & Susie Huggins, 715 Second Avenue, Chula
Vista 92010; Grace Flanders, 720 Second Avenue, Chula Vista
92010
Pulled from Consent Calendar.
e. REQUEST FOR SUPPORT TO ENDORSE SAN DIEGO AS THE SITE OF NINTH
RECYCLING CONGRESS IN 1990 - Richard V. Anthony, CRRA San
Diego Regional Chapter, 13223 Black Mountain Road, Box 1-300,
San Diego, CA 92129
Council directed the Mayor to send a letter lending Chula Vista's
support to San Diego as a site for the Ninth Annual Recycling
Congress scheduled for fall, 1990.
4. RESOLUTION 13737 SETTING FORTH A COUNCIL POLICY ON BOARDS,
COMMISSIONS, COMMITTEES (B/C/C) ABSENCES
(City Clerk}
At the meeting of July 19, 1988 Council directed the City Clerk to
bring back a policy incorporating the concurrence of a majority of
the B/C/Cs as to the percentage of absences which shall be
permitted before the seat is declared vacant.
~ninutes - 3 - August 16, 1988
The new Policy will now require attendance at 75% of the meetings
and this will apply to special meetings and workshops as well.
The only added requirement as directed by the Council was that any
~ember who is nearing the percentage of missin9 25% of the
meetings be first given written notification so that s/he can
appeal to the B/C/C for reinstatement.
5. RESOLUTION APPROVING THE MTDB RIGHT OF WAY
BEAUTIFICATION PROJECT (Director of
Planning)
Pulled from Consent Calendar.
6. RESOLUTION 13738 RE-AWARDING LANDSCAPE MAINTENANCE CONTRACT
IN OPEN SPACE DISTRICT #7 IDirector of
Parks & Recreation)
On June 21, 1988, Council accepted and awarded landscape
maintenance contracts for Open Space District No. 1, 4, 5, 7, and
g. The contractor for Open Space District No. 7, Krueger
Landscaping, has requested to be relieved from contract.
Council rescinded the award to Krueger Landscape Company and
awarded the contract to Uribe Landscape.
7. RESOLUTION 13739 AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SYMPHONY CONCERT, A FIREWORKS
DISPLAY, AND TO ENTER INTO AN
INDEMNIFICATION AGREEMENT (Director of
Parks & Recreation)
The City, in conjunction with the San Diego Unified Port District,
is planning to host the San Die9o Symphony Pops Orchestra for a
concert at Marina View Park on Sunday, August 28, 1988. The
amount of $10,000 has been allocated in the City's
non-departmental budget to offset the costs of supplies, services,
and the fireworks finale.
CoUncil authorized the Mayor to execute the contract and enter
into an indemnification agreement with Rohr Industries for the use
of their parking facilities.
8. RESOLUTION 13740 DECLARING REAL PROPERTY SURPLUS AND
AUTHORIZING SALE OF PROPERTY (Director of
Finance)
A realignment of the Walnut Drive roadway at Spruce Road in the
Woodlawn Park area was completed prior to the Mont9omery
annexation. It resulted in a small parcel of right of way that
was owned by the Montgomery Sanitation District becoming surplus
~inutes 4 August 16, 1988
so the needs of the street. The City became a successor owner of
shis property following the Montgomery annexation. Chula Vista
~unicipal Code Section 2.56.230 requires Council to declare real
~roperty surplus before sale of such property. The estimated
~alue of the property is $5,000 which will be revenue to the
~eneral Fund.
3. RESOLUTION 13741 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND ENGINEERING-SCIENCE, INC.
FOR THE PREPARATION OF THE PUBLIC WORKS
FACILITY PLAN-PHASE II FOR THE CITY OF
CHULA VISTA AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (Director of Public
Works)
an November 18, 1986, Council entered into an agreement with
Engineering Science, Inc. for Public Facilities Studies in
Sonjunction with the General Plan Amendment. Phase I of the
program has been completed. To proceed with the development of
the Growth Management Plan, it is now necessary to enter into an
agreement with Engineering Science to complete Phase II of the
Public Facilities Plan. Funds for the project were appropriated
through CIP FY 88-89 budget, Account No. 600-6008-0P108.
Additional funds are available in Account No. 621-6210-0P105.
10. RESOLUTION 13742 AUTHORIZING THE RANCHO DEL REY PARTNERSHIP
TO CONSTRUCT A PORTION OF EAST "H" STREET
FROM APPROXIMATELY 100 FEET EAST OF KERNEL
PLACE TO APPROXIMATELY 500 FEET WEST OF
BUENA VISTA WAY AND RECEIVE A CASH OR
CREDIT REIMBURSEMENT AGAINST DEVELOPMENT
IMPACT FEES (Director of Public Works)
The Rancho Del Rey Partnership has requested authorization to
construct a portion of East "H" Street and receive a cash or
credit reimbursement against Development Impact Fees pursuant to
Ordinance No. 2251 adopted January 12, 1988.
Rancho Del Rey Partnership will advance all necessary funds to
construct the project and will receive a credit or cash
reimbursement. The construction cost estimate for East "H" Street
contained in the Development Impact Fee Report (December 1987) is
$5,141,000. The Rancho Del Rey cost estimate is $5,772,019. The
actual amount of credit or cash reimbursement will be determined
by the Director of Public Works and be based on actual final
costs. The Development Impact Fee Report will be modified to
reflect the actual cost when the improvements have been completed.
11. RESOLUTION 13743 APPROVING APPLICATION TO THE CALIFORNIA
ENERGY COMMISSION FOR ENERGY AND TECHNICAL
ASSISTANCE PROGRAMS FOR LOCAL GOVERNMENTS
THROUGH THE ENERGY PARTNERSHIP PROGRAM
(Director of Public Works)
Minutes 5 August 16, 1988
In September 1986 the legislature passed and the Governor signed
into law SB 880 authored by Senator Leroy Greene. SB 880 provided
funds to the Energy Commission to carry out a variety of energy
assistance programs for local governments. Some of these funds
were assigned for energy support to local governments through the
CEC's Energy Partnership Program. Through this program, rising
energy costs can be reduced and funding for energy specialists can
be provided to local governments.
Council approved the application to the California Energy
Commission and authorized the Building Maintenance Superintendent
to file the application with the California Energy Commission.
12. RESOLUTION APPROVING ARGUMENTS OF THE CITY
PROPOSITIONS TO BE PLACED ON THE NOVEMBER
8, 1988 BALLOT (Assistant City Attorney)
Pulled from Consent Calendar.
13. RESOLUTION RATIFYING AN AMENDMENT TO THE CONTRACT
WITH JHK & ASSOCIATES FOR THE DEVELOPMENT
OF THE CIRCULATION ELEMENT FOR THE GENERAL
PLAN AND APPROPRIATING FUNDS THEREFOR
(Director of Public Works)
Pulled from Consent Calendar.
14. ORDINANCE 2279 ADDING CHAPTER 8.18 TO TITLE 8 OF THE
CHULA VISTA MUNICIPAL CODE RELATING TO THE
REGULATION OF FOOD CATERERS AND CATERING
EQUIPMENT RENTALS SECOND READING AND
ADOPTION (City Attorney)
The ordinance, which would require catering businesses to comply
with the City's food handling regulation, was placed on first
reading at the meeting of August 9, 1988.
15. ORDINANCE 2280 AMENDING ZONING MAP OR MAPS ESTABLISHED BY
SECTION 19.18.010 OF THE CHULA VISTA
MUNICIPAL CODE REZONING 11.4 ACRES FROM
R-1-H TO R-1-H-P - SECOND READING AND
ADOPTION (Director of Planning)
The ordinance, which is a rezonin9, was placed on first reading at
the meeting of August 9, 1988.
16. REPORT REMOVAL OF CORAL TREES IN CIVIC CENTER
PLAZA AREA IContinued from meeting of
August 9, 1988) (Director of Parks &
Recreation)
~inutes 6 August 16, 1988
RESOLUTION APPROPRIATING FUNDS FROM THE
UNAPPROPRIATED GENERAL FUND RESERVES FOR
REMOVAL OF CORAL TREES IN THE CIVIC CENTER
PLAZA AREA AND APPROVING A PLAN FOR TREE
REPLACEMENTS
Pulled from Consent Calendar.
17. REPORT FOUR-WAY STOP OR TRAFFIC SIGNAL AT THE
INTERSECTION OF EAST "H" STREET AND
RIDGEBACK ROAD (Continued from meeting of
August 9, 1988) (Director of Public Works)
Pulled from Consent Calendar.
18. REPORT REGARDING THE IMPACT OF AN ALL-WAY STOP ON
REDUCING THE SPEED OF TRAFFIC ON RUTGERS
AVENUE (Director of Public Works)
At the January 12, 1988, City Council meeting, the Council
directed staff to evaluate the need for an all-way stop at Rutgers
Avenue and Gotham Street and study the need to reduce the speed
limit from 30 mph to 25 mph on Rutgers Street. At its April 12,
1988 meeting, the City Council approved the installation of an
all-way stop at Gotham Street and Rutgers Avenue, but delayed
action on the request to reduce the posted speed limit from 30 mph
to 25 mph until an evaluation of the impact of the installation of
the four-way stop sign could be completed.
It was recommended that Council not reduce the speed limit on
Rutgers Avenue from 30 mph to 25 mpl~T'.
Councilman Malcolm questioned whether the homeowners were notified
of the Council taking consideration this evening. Director of
Public Works Lippitt stated that they were not notified.
MSUC (Cox/Nader) to continue item 18 to the meeting of August 23,
Comments by Councilman Malcolm:
Councilman Malcolm noted that a special meeting that was called
two weeks ago and the notice was sent to a home address where he
lived 3-1/2 years ago. He expressed his concern about this and
asked that the City Clerk make sure his current address is given
to the departments sending out these notices so that the written
notification will come to him at his current address.
19a. REPORT REGARDING DEL MAR/C STREET NEIGHBORHOOD
TRAFFIC STUDY (Director of Public Works)
Pulled from Consent Calendar.
I~inutes 7 August 16, 1988
b. REPORT PCZ-88-L: ZONING STUDY AND EVALUATING FOR
APPROXIMATELY 14 ACRES LOCATED AT NW
CORNER OF C AND DEL MAR (Director of
Planning)
Pulled from Consent Calendar.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
20. PUBLIC HEARING VARIANCE ZAV-88-19: REQUEST TO RETAIN
EXISTING LOT COVERAGE OF 46.2% AT 165
MURRAY STREET J. ANTHONY RASO (Continued
from meeting of August 9, 1988) (Director
of Planning)
RESOLUTION DENYING A VARIANCE ZAV-88-19 FOR EXCESS
LOT COVERAGE AT 165 MURRAY STREET UPON
CONDITIONS
RESOLUTION 13144 GRANTING A VARIANCE ZAV-88-19 FOR EXCESS
LOT COVERAGE AT 165 MURRAY STREET UPON
CONDITIONS
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Councilman Malcolm stated he reviewed the video tape of the last
meeting and is prepared to participate in the discussion and
action.
Director of Planning Krempl explained that this item involves a
request to retain the existing lot coverage at 46.2% for the
single-family dwelling at 165 Murray Street in the R-1 zone rather
than reducing the lot coverage to 40% as called for by the
Municipal Code. It was recommended that Council concur with the
Planning Commission recommendation and deny the variance.
Assistant City Attorney Rudolf listed the changes as noted in the
resolution as directed by the City Council at a previous meeting.
Council discussion followed regarding the Code provisions for
garage conversions; whether or not the applicant could be required
to legally put in a garage; the configuration of the home and
whether a garage could be constructed at this time; the effect
that this applicant's construction has on the neighbors.
Mayor Cox noted that he has received over 40 requests to speak in
support of Mr. Raso's request for a variance. However, the public
hearing was continued from the last meeting to hear new evidence
only; he would not recognize the 40 requests to speak but will
call upon Mr. Raso and his Attorney, limiting both sides to 15
minutes.
l,~inutes 8 August 16, 1988
~erald Dawson, Attorney for J. Anthony Raso, stated that he wished
only to respond to any comments by the opposition. The conditions
imposed upon Mr. Raso to bring his home into compliance will not
~ake any difference to the neighborhood and asked that Council
grant the variance.
Joseph Raso, the applicant, 165 Murray Street, showed slides of a
few homes that were constructed near his home one of which is the
Greg Rogers home renovated to four stories and others in close
proximity to his home built to three and four stories high. Mr.
Raso showed another slide of how his house was "toned-down" inside
and outside according to the directions of the City Council,
adding that he cannot build a garage onto his home because of the
way his home is now constructed.
~r. Dawson stated that the height of the house was legal at the
time Mr. Raso built it. The dimensions as presented on the plans
are correct; had Mr. Raso been fairly advised by City staff at the
very beginning when he presented his plans, none of this would
have happened.
Council discussion followed with the Attorney and staff regarding
the lowering of the roof which would make the third story a
one-half story and not feasible for living quarters; the cost of
opening up the area over the swimming pool estimated at $10,000 to
$30,000; cost of cutting the roof line down, estimated at $15,000
to ~20,000.
Speaking against granting a variance were Helen Wadsworth, 175
Murray Street, Harold & Marilyn Truesdale, 158 Murray, Lois Myers,
162 Halsey, Mary Bouvier, 154 Murray and Bud Pocklington, 656
Glover Place. Their comments: on August 10 a petition was
submitted signed by over 30 residents in the area asking Council
not to grant the variance; the residents want a denial of the
variance as Mr. Raso has not lived up to Council's direction;
questioned what the residents are still doing here coming to the
Council meetings for2-1/2 years on this issue; a compromise with
Mr. Raso should be out of the question; the neighbors are the real
victims; the properties of the neighbors have been damaged
economically; what will prevent Mr. Raso from putting in a
skylight on his third floor; the City must take some blame in
this, someone had to know this house was not being built
correctly; the neighbors want the roof lowered so as to reduce the
bulk of th house; some of the neighbors cannot move away from the
area because they cannot afford to do so; they have lost their
privacy; the Planning Commission voted four times to deny this
variance; this issue has been before Council eight times so far
because of the compromises the Council is trying to work out.
There being no further testimony either for or against, the public
hearing was closed.
';~inutes 9 AugList 16, 1988
Councilwoman McCandliss noted other homes that were constructed
illegally in Chula Vista for which the Council made no
compromise. She added that, as a minimum, Mr. Raso's roof needs
to come down. If he does not meet the conditions of the variance
or the Code, then Council should deny the variance and let the
court decide the outcome.
Director of Planning Krempl stated that if Mr. Raso does not bring
down his roof, then he would have to bring the house to within 40%
lot coverage. The least costly thing for Mr. Raso to do would be
do open up the area over the pool, instead of removing 6 feet off
the rear of his home.
Councilman Malcolm declared that Council has gone over these
options many times and feels the City ought to pay for its mistake
in this cutting off the roof or opening up the sun roof over the
pool will not do it. The roof is the problem. He added that
Council should get rid of the inspections that were noted at the
last meeting. The best solution to the whole problem would be for
Mr. Raso to lower the roof and have the City pay a portion of it,
say 55,000 to $10,000.
Councilman Moore asked whether the neighbors would accept lowering
the roof rather than having Mr. Raso adhere to the 40% lot
coverage.
MSUC (Moore/McCandliss) to reopen the public hearing to question
the owner and his neighbors to see if the Council is on the right
track.
Mayor Cox declared the public hearing reopened.
Mr. Raso stated he is confused: he met with staff in January and
staff told him what alterations he should make to his home in
order to comply. He has done all that and now is confused that
there are other conditions.
Councilman Malcolm asked if that would he be willing to move the
glazing and lower the roof.
Mr. Raso answered that he has absolutely no more funds but would
go to the bank to see if he could get more money to do what the
Council directs.
Mr. Pocklington declared Council is falling into the same trap,
they should deny the variance and let Mr. Raso tell them what he
will do to comply. Lois Myers added that the same scenario is
staring over again Mr. Truesdale stated that the lot coverage is
not the issue, it is the bulk of the house. Helen Wadsworth
agreed stating that if Mr. Raso was required to lower his roof to
28 feet, it would solve the problem.
'~inutes - lO August 16, 1988
There being no further testimony either for or against, the
re-opened public hearing was closed.
RESOLUTION (20b Granting the variance) OFFERED BY COUNCILMAN
~IOORE, the reading of the text was waived by unanimous consent.
Council discussion followed regarding the nine conditions imposed
for approval. Director Krempl stated all of the conditions would
still apply except for number 5.
MSC (Moore/Malcolm) to add a condition #1 that the applicant is
required to lower the roof to 23 feet and to renumber conditions
1, 2, 3 and 4 to 2, 3, 4, and 5 and omit condition #5.
The motion carried with Councilman Nader voting no.
Council then discussed with Director of Building & Housing Larsen,
the time element involved regardin9 compliance with the conditions.
MSUC (Malcolm/Moore) to amend condition #9 to state that within 30
days, plans are to be submitted to the Landscape Architect and the
Building & Housing Director to comply with all the previous
conditions listed, and within 15 daysof the approval of said
plans, construction is to start and be completed no later than 180
days from the initiation of the construction. If within 30 days
the applicant does not submit plans, the City Attorney is
instructed to take immediate legal action directed in any event
to commence enforcement action.
Attorney Rudolf noted that the same would apply if any of the
conditions were not met.
Councilman Nader indicated that he would like to see incorporated
in condition #9 a condition whereby the applicant would waive any
cause of action against the City,
Attorney Rudolf declared that it would be an unconscionable
extract which may be a good basis for the lawsuit itself if that
condition were imposed.
Councilwoman McCandliss questioned what kind of design review
would be made on the house without having to go to that Committee
itself.
Councilman Malcolm stated that the applicant's intention is not to
have a flat roof but to have a pitched roof.
MSUC (McCandliss/Moore) to amend the resolution to include a
condition #10 to require a design review and to specify a pitched
roof. (This is to be given to the contract architect for
approval.)
~inutes - ll August 16, 1988
The resolution, as amended, carried unanimously.
A recess was called at 8:50 and the Council reconvened at 9:00 p.m.
21. PUBLIC HEARING CONCERNING PROPOSED AMENDMENTS TO CITY
MUNICIPAL CODE SECTION 9.50 MOBILEHOIIE
PARK SPACE RENT MEDIATION (Director of
Community Development}
ORDINANCE AMENDING CHAPTER 9.50 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO MOBILEHOME PARK
SPACE RENT MEDIATION AND DECLARING THE
URGENCY THEREOF (Director of Community
Development)
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Director of Community Development Desrochers explained that the
City Council had before them two ordinances: Exhibits "A"and
"B". The difference between the two ordinances is that Exhibit
"A" has administrative changes only and keeps the negotiations
non-binding both the staff and Mobilehome Issues Committee are
recommending approval of this ordinance. Exhibit "B" would
eliminate the mediation process by a 3-member volunteer board and
would add binding arbitration by one professional arbitrator or
arbitration organization.
In answer to Council's question, Director Desrochers stated that
the Council or the Councilmembers themselves can be the
arbitrators; however, the staff has never pressed this because it
is time consuming and because of Council's workload.
Further Council discussion followed regarding the urgency
ordinance, the findings which must be made for an urgency
ordinance; noting that one ordinance is mediation and negotiation
whereby the other one is mediation and binding arbitration; since
there is a "cap" the park owners would prefer to go into binding
arbitration rather than sit down and negotiate with the tenants;
noted the Lancaster ordinance which was given to Council under
item #25b and should be considered also at this time; disturbed
with the way staff is defining arbitration; the difficulty staff
had with coming up with the exact formula; the expense of hiring a
professional arbitrator.
Councilman Moore noted that the five members on the Issues
Committee and the five who are parkowners have all agreed to go
the way of binding arbitration. All this time, Council thought
these people wanted mediation/negotiations so they would not have
to go to rent control.
~inutes 12 - August 16, 1988
]ouncilman Nader questioned why the fifth member would be chosen
~y the Mobilehome Issues Committee instead of the Council. Sheila
Shanahan, Communit Development Specialist, stated that this is
3nly done during the mediation process; otherwise the procedure
was not been changed it remains the same.
layor Cox suggested that the Council study the Lancaster ordinance
and also refer it to the Mobilehome Issues Committee for comment
~nd continue this public hearing for two to three weeks.
~ary Francis Click, llO0 Industrial Avenue, Chula Vista, stated
she does not want to see any further delay in this process and
will call a special meeting of the Committee to consider this
Lancaster ordinance.
Souncilman Malcolm noted that he will not be present at the next
meeting.
MSUC (Cox/McCandliss) to continue this public hearing to the next
meeting, August 23.
22. ORAL COMMUNICATIONS
a. Patricia Kelley, 1425 Second Avenue, Space 342, stated that
the Mobilehome Issues Committee had a recent meeting in one of
the member's home and the public was not invited. She asked
that Council not allow this and wants all MIC meetings to be
open.
Attorney Rudolf stated that the MIC is not an official body of
the City and notices of meetings in public facilities would
not be available.
b. James Lovett, 100 Woodlawn Avenue, #75, a resident of Bayscene
Mobilehome Park, told the Council about the number of rent
increases the tenants have received during the past year.
c. R.C. Flaugher, llO0 Industrial Blvd., Space I-lO, stated he
sent a letter to Council in January of 1988 regarding the gas
lines in his mobilehome park. He has not received an answer
to his letter yet and questioned when this will be done. Mr.
Flaugher also commented on the nimber of parks (90%) running
40% to 100% of the CPI.
d. Scott Frazier explained his attempts in getting the Montgomery
area annexed to the City and stated he favors binding
arbitration, asking that Council approve this.
e. Mr. Ray Foster, President of H.O.S.T.A.G.E., requested ten
minutes to make a presentation to Council on the mobilehome
issue.
Attorney Rudolf stated that if Council allows this gentleman
to speak, they must reopen the public hearing,
!inutes ~ 13 - August 16, 1988
~SC (Nader/Malcolm) to reopen the public hearing. Councilman
~oore voted no.
~r. Ray Foster, President of H,O.S.T.A.G.E., gave the Council the
statistics on the makeup of mobilehome park residents, noting that
the U.S. Government ruled in March of 1988, rent control was not
illegal; there are over 1 million people living in mobilehome
parks, 80,000 in San Diego County; Western Mobilehome Park Owners
contributed $178,000 to defeat the rent control measure in Chula
Vista; and he submitted an ordinance from the City of San Luis
Obisbo.
MSUC (Cox/McCandliss) to refer this ordinance to staff and to the
Mobilehome Issues Committee to look at it, along with the
ordinance from Lancaster.
MSUC (Nader/Malcolm) to continue the public hearing to the next
meeting, August 23.
PULLED ITEMS
c. COrIPLAINT REGARDING NOISE PROBLEMS AT SOUTHWESTERN COLLEGE -
Murat & Pe9gY Shekem, 1668 Yale Street, Chula Vista 92013
This complaint regarding the noise level around Southwestern
College during recent concerts is being discussed with college
officials in order to encourage them to require groups using the
facilities to comply with the City's noise level regulations. It
was recommended that staff continue to work with college officials
and that a subsequent report be provided to Council.
Councilman Nader stated that at a recent meeting he suggested that
activity such as these cultural events be held at the Bayfront.
He suggested that a letter be written to the people who complained
about the noise, noting what staff has done and what the plans are
for holding them at the Bayfront at an outdoor amphitheater.
MSUC {Nader/Malcolm) to indicate the action staff has taken so far
and the City Attorney's opinion and that the City is looking at
the possibility of these events toward finding an appropriate
facility in a non-residential area.
d. CONCERNS REGARDING ZONING REGULATIONS IN 700 BLOCK OF SECOND
AVENUE Kenneth & Susie Huggins, 715 Second Avenue, Chula
Vista 92010; Grace Flanders, 720 Second Avenue, Chula Vista
92010
It was recommended that the letters regarding the landscape
business located in an R-1 neighborhood be acknowledged, and that
staff continue to monitor the activities occurring at this
location.
'Hnutes 14 August 16, 1988
Councilman Moore stated he stopped by at this gentlemen's house
(Mr. Rodri9uez) and talked to him about this six months ago. Mr.
Rodriguez has several trucks parked, not only in front of his
house, but also across the street in front of his neighbor's homes
as well. He runs a successful business and therefore, has a lot
of vehicles; however, there is a violation of the law because it
is a residential neighborhood. If there isn't an ordinance on the
books that states this then staff should review the ordinance and
come up with proposed changes.
MSUC (Moore/Malcolm) for staff to review that particular ordinance
that would cover this particular item to see if it should be
modified to enforce businesses out of residences that have a great
number of vehicles.
5. RESOLUTION APPROVING THE MTDB RIGHT OF WAY
BEAUTIFICATION PROJECT (Director of
Planning)
In January 1987, the City Council authorized the hiring of ONA
Landscape Architects Inc. to prepare a plan to beautify the
four-mile trolley right-of- way as it passes through Chula Vista.
The plan is now being presented for Council consideration. Phase
#1 costs for development would be $359,000. Currently, as a
carryover in the Capital Improvement Program, there is
approximately $125,000. This is a combination of revenue sharing
and redevelopment bond funds. This leaves a shortfall of $234,000
plus the estimated $14,900 cost for annual maintenance.
It was recommended that Council approve the completed master plan
for landscaping only including the phasing program, and refer to
finance plan for this project not later than
staff to develop a
for the 1989-90 CIP.
Councilwoman McCandliss stated that she has been working on this
for some time. Since she is the Council's representative to the
MTDB, she was concerned that staff did not contact her at all
about this. If they had, she may possibly have gotten more money
allocated for the landscaping. In the future, she would appeciate
working closer with the staff on these issues.
Councilman Moore indicated that the phasing plan was correct but
he questioned why benches would be installed on the off-ramps when
all the people have to do is get off the trolley and go into the
station area which has a number of benches.
MSUC (Malcolm/Moore) to continue this item to a Council Conference.
12. RESOLUTION APPROVING ARGUMENTS OF THE CITY
PROPOSITIONS TO BE PLACED ON THE NOVEMBER
8, 1988 BALLOT (Assistant City Attorney)
~inutes - 15 August 16, 1988
~t the meeting of August 9, 1988, the City Council took action to
~mend the ballot propositions previously approved by deleting the
3roposition relating to potential compensation for Planning
Sommission members and revising the methodology by which the
~ayor's salary, and in turn, Councilmembers salaries, would be
determined. The report forwards the City Attorney's Impartial
~nalysis of each of the proposed measures for review and presents
a resolution which, if adopted, will approve the language for the
ballot arguments in favor of the City propositions.
The Council discussed the arguments in favor of the proposition
for the Mayor and the Council's salary and indicated the need to
change some of the language concerning tying in the salary to the
Judges' increase and the open-ended lack of control which was a
point that Council wished to avoid.
MSUC (Moore/Nader) to work with staff and to continue this item to
the meeting on Thursday, August 18, following the Redevelopment
Agency meeting.
13. RESOLUTION 13545 RATIFYING AN AMENDMENT TO THE CONTRACT
WITH JHK & ASSOCIATES FOR THE DEVELOPMENT
OF THE CIRCULATION ELEMENT FOR THE GENERAL
PLAN AND APPROPRIATING FUNDS THEREFOR
{Director of Public Works)
In November 1986, Council awarded a contract to the firm of JHK &
Associates to update the circulation element of the General Plan.
The original contract did not include special work tasks to
calibrate existing network and validate land use assumptions for
Scenario 4. The estimated cost to complete this additional work
including contingencies and staff time is $42,?50. The source of
funds is the unappropriated balance of the Oevelopment Impact Fund.
It was recommended that Council authorize the Mayor to execute the
agreement and appropriate the funds to perform traffic forcasting
service.
Councilwoman McCandliss questioned what impact this would have on
the circulation element of the General Plan since staff has now
discovered discrepancies in various traffic generations. Mr. Hal
Rosenberg, Traffic Engineer referred to staff's report, noting the
data from SANDAG, which computer forcasts were still valid. All
staff wants to do at this point is to get more credibility to the
forecasts they are doing and in addition, to look at all land uses
to have a more accurate representation of what exists in the
field.
Director of Public Works Lippitt stated that all of the
circulation of the streets in the City will be looked at. There
will be some changes made but he doubts there will be major
changes.
~inutes 16 - August 16, 1988
~ouncilwoman McCandliss noted that staff will be informing Council
during the General Plan process of any changes that are going to
3e made in the circulation element.
19a. REPORT REGARDING DEL MAR/C STREET NEIGHBORHOOD
TRAFFIC STUDY (Director of Public Works)
~t the 6/14/88 Council meeting, staff was directed to prepare an
in-depth traffic analysis in response to the Planning Department
report regarding a rezoning of property on Del Mar Street north of
"C" Street. It was recommended that Council accept staff's report.
b. REPORT PCZ-88-L: ZONING STUDY AND EVALUATING FOR
APPROXIMATELY 14 ACRES LOCATED AT NW
CORNER OF C AND DEL MAR (Director of
Planning)
At the City Council meeting of June 14, 1988, a zoning study and
evaluation was presented for Council consideration. After
comments from various property owners in the area, the City
Council continued the matter until an in-depth traffic report
could be prepared for the entire area. The report addresses the
traffic issues; therefore, the zoning study has been resubmitted
for Council consideration.
It was recommended that Council accept the report and request the
Planning Commission to set a public hearing to consider rezoning
the area as outlined in the report.
Councilman Moore stated he had no problems with 19a but pulled
19b. He discussed the three scenarios as presented by staff,
stating that he would like to see the public improvements put in
before any development takes place.
Traffic Engineer Rosenberg said he discussed this issue with Mr.
Acton and that Mr. Acton has agreed with the staff's
recommendations.
~SUC (Cox/Malcolm) to approve the staff report for 19a.
"- James Acton, 265 Nixon Place, Chula Vista asked Council not do
~ything else on the rezoning until staff recommendations are
nplemented, particularly for the widening of "C" Street. His
~mments do not imply that he endorses any of the rezoning
rojects.
r. John Nieber, 176 North Del Mar, stated that the Council had
told this community when they were annexed that the area would
remain R-l; he is opposed to any zone changes other than R-l; the
staff report does not address the problem of off-street parking;
where are the children going to school, the Principal of Rosebank
stated there is no room for them there so they may have to be
bussed to other schools and public housing brings on undesirables
such as teenage activities, drugs and so forth.
'tinutes - 17 August 16, 1988
Souncil discussion followed regarding the County Housing Authority
and the recommendations of that staff. Principal Planner Lee
noted that the County is looking toward filing for a rezonin9 for
that property for low cost housing.
Councilman Moore commented that the Manager must live on the
premises which will help control the situation. Further Council
discussion centered on the improvements in the area and the
schedule for the CIP for 1989-90.
Principal Planner Lee noted that a public hearing will be before
the Planning Commission next Wednesday requesting the subdivision
for the property along with a rezoning to R-2 for a portion of
that property.
In answer to Councilman Moore, Mr. Rosenberg stated that no
details on the design have been worked out; therefore, no effort
at this time has been made to include sidewalks for that area.
Councilman Malcolm commented that he has problems with scenarios
1, 2 and 3. He is not in favor of R-3; he is not convinced R-3 is
the best and most desirable zoning for this particular property;
he would like to send this back to staff to get more information.
MSUC (Cox/McCandliss) to file this report and encourage staff to
move forward with those public improvements the City can put in at
this point to proceed in an expeditious manner.
16. REPORT REMOVAL OF CORAL TREES IN CIVIC CENTER
PLAZA AREA (Continued from meeting of
August 9, 1988) (Director of Parks &
Recreation)
RESOLUTION 13746 APPROPRIATING FUNDS FROM THE
UNAPPROPRIATED GENERAL FUND RESERVES FOR
REMOVAL OF CORAL TREES IN THE CIVIC CENTER
PLAZA AREA AND APPROVING A PLAN FOR TREE
REPLACEMENTS
The Coral trees in the Civic Center area were recently pruned as
the result of a large branch breaking adjacent to the breezeway
outside the Parks & Recreation office. These Coral trees have
exposed roots that create problems for city maintenance staff and
equipment and are a potential hazard to anyone walking on turf
areas near the trees. It was recommended that Council authorize
removal of the nine Coral trees and approve the plan for tree
replacements.
!inutes 18 August 16, 1988
Souncilman Malcolm commented that he agrees that some of the Coral
:rees should be removed especially those that are uprooting the
~idewalks; however, he felt there should be a phasing out of the
:rees rather than have them all removed at one time. Staff should
iust remove those that are uprooting sidewalks and phase out the
>thers.
]ouncilman Nader questioned whether staff considered drought
^esistant trees. Councilman Malcolm declared that since the grass
~as to be watered the trees will be watered and there is no need
to require drought-resistant trees.
lirector of Parks & Recreation Mollinedo said he investigated this
3articular concept and only trees that can survive irrigation are
the ones which must be put into the Civic Center Plaza.
~ESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, as amended, to
state that the trees will be phased out in the complex, the
reading of the text was waived by unanimous consent, passed and
3proved unanimously.
17. REPORT FOUR-WAY STOP OR TRAFFIC SIGNAL AT THE
INTERSECTION OF EAST "H" STREET AND
RIDGEBACK ROAD (Continued from meeting of
August 9, 1988) (Director of Public Works)
~t the meeting of June 7, 1988 Council directed staff to review a
request for the installation of a four-way stop or traffic signal
at East "H"/Ridgeback Road and return with a report. If an
all-way stop were to be installed, the estimated cost is $250. A
traffic signal installation would cost $90,000 and approximately
54,500 per year in energy costs. The recommendation was that
Souncil not approve installation of an all-way stop or traffic
signal light at East "H"/Ridgeback Road.
~SUC (Nader/Cox) to accept the staff recommendation and a letter
from the City Manager to be written to the person who requested
the traffic stop informing her of the signalization plan for the
intersections nearby the subject one here that are being planned
in the near future and of the anticipated favorable effects this
will have on the problem whe is bringing to Council's attention.
23. REPORT OF THE CITY MANAGER
a. City Manager Goss noted the Council will now be having an
adjourned meeting following the Redevelopment Agency meeting
on August 18 at 4 p.m.
~. The City Manager noted the Second Harbor Entrance item on the
Redevelopmerit Agency's meeting on August 18, which may be
continued.
c. City Manager Goss announced that there will be a POPS Concert
at the Marina on August 28 beginning at 7 p.m.
Minutes 19 - August 16, 1988
d. The City Manager asked that the Closed Session item,
"Instructions to Negotiators" be continued to the meeting of
Thursday following the Redevelopment Agency.
There was some confusion as to whether the item was properly
noticed on the agenda since it was on the line-item agenda but
did not appear on the public agenda; therefore, Mayor Cox
announced it would be docketed for the meeting of August 23.
24. MAYOR'S REPORT
a. Ratification of appointments to Boards and Commissions:
1. Resource Conservation Commission, James C. Stevens
2. Design Review Committee, Jose Alberdi and Adrienne
Landers,
3. Charter Review Committee, John Dorso
MSUC (McCandliss/Moore) to ratify the appointments.
b. Mayor Cox announced that at the meeting of August 8, Council
appointed the following persons to the Boards and
Commissions:
1. Carmen Fernandez, Russ Hall - Parks & Recreation Commission
2. Robert Romero Library Board of Trustees
c. Mayor Cox noted that there is a lot of activfty now going on
in the Otay Valley area. San Diego City has allocated ~50,000
to hire a consultant to work that area between 1-805 and I-5.
Mayor Cox indicated the City should look at sharing the funds
along with the County of San Diego in order to look at
developing the parkland area.
MSUC (Cox/McCandliss) to refer this to staff to come back with a
report in 3 weeks.
d. Cancelling meeting of October 18 due to the League of
California Conference in San Diego
MSUC {McCandliss/Moore) to cancel the meeting of October 18, due
to the League of California Cities Conference in San Diego.
e. Mayor Cox noted that at one time the Council had a member of
the Chamber of Commerce sit with the Council, at which time
the member would make some opening comments and then be
allowed to comment on the different issues coming before
Council that evening. He asked that consideration be given to
starting this procedure again.
Councilman Malcolm questioned why just the Chamber and not the
Board of Realtors and other organizations in the City, noting
that everyone has a chance to speak under Oral Communications.
MS (Cox/Moore) to docket this item for consideration next week.
~inutes - 20 - August 16, 1988
The motion failed by the following vote:
AYES: Cox, Moore
NOES: McCandliss, Malcolm, Nader
ABSENT: None
25. COUNCIL COMMENTS
COUNCILWOMAN McCANDLISS:
a. Councilwoman McCandliss REMARKED that in sending out public
hearing notices, she would like the City Clerk to note on the
notice that information on the item is available not only at
the City Clerk's office, but also at the Public Library. She
added that many times over a weekend when the City Clerk's
office is closed, the public can go to the Library for this
information.
b. Current status of South Bay Golf Club lease
Councilwoman McCandliss thanked the Assistant City Manager for
the status report on this particular golf club lease.
c. American Golf's discontinuance of full course dinners
Councilwoman McCandliss said she cannot understand why the
restaurant cannot make a profit by offering full-course
dinners; why they have never been successful. She would like
to see Council discuss this with the operators to see what can
be done and if there is any interest in making this a
successful venture.
~SUC {McCandliss/Moore) to set this for a Council Conference and
invite American Golf to speak to the Council on their reasoning
and why they feel it is not successful.
COUNCILMAN MALCOLM:
d. SB 768 {Lockyer) State Board of Equalization Administrative
Fees {Support)
Councilman Malcolm noted this has been supported and is given
to Council for information only.
e. City of Lancaster Ordinance
Councilman Malcolm noted that this has been referred to the
Mobilehome Issues Committee.
Minutes 21 August 16, 1988
f. Councilman Malcolm discussed the recent proposal by SDG&E to
merge with the City of Tuscon, Arizona. He reported that the
City of San Diego is having many discussions on it because
they are a Charter City. Chula Vista, also being a Charter
City would have to vote on it or they can kill the whole
deal. He suggested that perhaps there should be a meeting
with the San Diego City Council and that the item be docketed
to receive a report back from the City Attorney.
Assistant City Attorney Rudolf stated that the transfer of
any franchisee by this City cannot be done without legal
authorization by the City Council.
MSUC (Cox/Moore) to refer this item to staff.
COUNCILMAN NADER:
g. Councilman Nader asked that an emergency item be brought up
since it just came to his attention and was not able to be
posted within the 72 hour time limit.
MSUC {Nader/Malcolm) to discuss at this time SDG&E burning oil
instead of gas.
Councilman Nader explained that the California Edison Company
is planning to reduce its gas sales to SDG&E, so they will be
increasing to buring of oil at the plant here in Chula Vista.
Given the history of complains that Chula Vista has received
by the residents of that area regarding the pollution, he felt
the Council should take some action on this.
MS (Nader/Malcolm) to refer this to staff, the question of the
possibility that SDG&E may be planning to increase burning oil v.
gas with a direction to seek regular monitoring of emissions and
take any measures necessary to protect the air quality downwind of
the plant.
Councilman Malcolm noted that there is already a computer readout
at the plant which monitors air quality. Council should tell
SDG&E they want them to burn natural gas v. oil and for them to
live up to their agreement even though Council cannot force them
to do so.
Councilman Nader asked that this be included in his motion.
SUBSTITUTE MOTION
MSUC (Cox/Malcolm) to refer this item to staff for a report on
what monitoring is going on now and what SDG&E's intentions are
regarding oil v. gas at the South Bay plan plus potential and
anticipated impacts and the City's responses to them.
linutes 22 - August 16, 1988
\ 1SUC (Cox/McCandliss) for an ordinance to be brought back at the
=irst meeting in September for amortization of the billboards
~long freeway corridors.
\DJOURNMENT AT ll:25p.m. to the of meeting scheduled for Thursday,
~ugust 18, following the Redevelopment Agency meeting which begins
p.m. and to the regular meeting of August 23, 1988 at 7 p.m..
Sity 2le~k u asz, ~
1306C