HomeMy WebLinkAboutcc min 1988/09/06 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, September 6, 1988 Council Chamber
4:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers Nader {arrived
at 4:12 p.m.), Moore, McCandliss, Malcolm
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, City Attorney Harron, Deputy City
Manager Morris
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 adjourned regular meeting of
August 18, 1988 and the regular meeting of August 23, 1988.
MSUC {Moore/Cox) to approve the minutes. Councilman Malcolm
abstained due to his absence from both meetings.
2. SPECIAL ORDERS OF THE,DAY
a. PRESENTATION OF PROCLAMATION TO THE CHULA VISTA SENIOR OLYMPIC
TEAM - The proclamation was presented to the Chula Vista
Senior Olympic Team recognizing their efforts during the 1988
San Diego County Senior Olympics.
b. PRESENTATION OF BEST OF SHOW AWARD AND CERTIFICATE OF
APPRECIATION FOR INVOLVEMENT IN THE CHULA VISTA CHILDREN'S ART
EXHIBIT The Mayor presented the Best of Show award to Ted
Gocek for the water color painting of a boat scene and
recognized Mrs. Dency Souval with a Certificate of
Appreciation for her exceptional efforts as the Summer '88 Art
Instructor and as the person instrumental in organizing the
art display.
c. PRESENTATION OF POW/MIA FLAG TO MAYOR COX IN RECOGNITION OF
POW/MIA'AWARENESS MONTH - On behalf of the Veterans of Foreign
Wars {VFW Post #2111} in Chula Vista, Gary Overstreet, POW/MIA
Chairman presented a POW/MIA Flag to Mayor Cox in recognition
of POW/MIA Awareness Month for 1988.
~inutes - 2 - September 6, 1988
SONSENT CALENDAR (Items 3a 22) Items pulled: 15, 21.
Items #14 and 16: Councilwoman McCandliss questioned whether
there was a requirement in the agreement whereby the consultants
sould not solicit business from developers while under contract
~ith the City. Director of Planning Krempl stated that it is not
in the contract specifically; however, it can be put in. City
~ttorney Harron noted that the language is broad and would cover
~uch situations.
~SC IMcCandliss/Moore) that the contract be amended to
specifically spell out that they (consultants) are not to conduct
3ther business for competing or for developers' interest that may
~e in conflict during the term of the contract or solicit any
3usiness during the term of the contract (Councilman Nader
abstained).
Item 12: Mayor Cox questioned whether there was any discussion
going on regarding the realignment of Walnut Drive. Director of
~ublic Works Lippitt stated this is still being pursued; they are
trying to tie the two separate roads together (opposite Otay
Valley Road), He added that they need to work with the property
owners on either side of that road.
3d: Councilman Malcolm stated that the Legislative Committee will
make a recommendation if the Council does not take action on it.
He recommended that the request be received and filed. Mayor Cox
noted that the League of California Cities has taken a neutral
stance on this. They are supporting Proposition 100, opposing
Proposition 101, no position on Proposition 103 and opposing
Proposition 104. Councilman Nader indicated that it would be
better for the Council to take no action rather than no position
on it.
MSUC (Malcolm/Nader) that Council take no action on Proposition
103.
Councilman Malcolm stated that he will be abstaining on items 15,
21 and 23 due to the fact that he owns stock in the Great American
Company. Councilman Malcolm left the dias at this time.
Balance of Consent Calendar OFFERED BY COUNCILWOMAN MCCANDLISS,
passed by a vote of 4-0.
3. WRITTEN COMMUNICATIONS
a. REQUEST TO ADOPT REVISED LAWS REGARDING PRACTICE OF MASSAGE
PARLORS IN SAN DIEGO Ramona Moody, Director, Fifth Avenue
Health Center, 1322 5th Avenue, Suite 203, San Diego 92101
It was recommended that the letter requesting that holistic health
practitioners be exempt from normal regulation of massage parlors
be referred to staff for subsequent report back to the City
Council.
linutes 3 September 6, 1988
PETITION TO CUL-DE-SAC COUNTRY CLUB DRIVE AT INTERSECTION OF
FIRST AVENUE Irene Bushong, 856 Country Club Drive, Chula
Vista 92011
:t was recommended that the letter from the residents be referred
:o staff and the Safety Commission for continued study and
~ubsequent report back to the Council.
:. CONCERNS REGARDING OVER-IRRIGATING ON MEDIAN AT EAST "H"/BUENA
VISTA TO SOUTHWESTERN COLLEGE Greg Rowe, 1461 Summit Drive,
Chula Vista 92010
It was recommended that the letter from Mr. Rowe be acknowledged
~nd that he be advised that the City's Parks & Recreation
3epartment , as a result of his letter, is taking the necessary
steps to correct the problem referred to in this letter.
d. REQUEST FOR SUPPORT OF PROPOSITION 103 - Richard Matt, Voter
Revolt to Cut Insurance Rates, P.O. Box 2059, Santa Monica
90406
e. REQUEST FOR REDUCTION IN TRAFFIC IMPACT FEES PAID - Paul W.
Right, Vice President, Non-Hospital Operations, Vista Hill
Foundation, 3420 Camino del Rio North, San Diego 92108
It was recommended that the reduction of traffic impact fees paid
in connection with expansion of Vista Hill Hospital be referred to
staff for evaluation of the study that was completed by the
engineering firm of Linscott, Law & Greenspan.
f. CONCERNS REGARDING TRAFFIC SITUATION AND BUILDING VIOLATIONS -
Leon A. Gold, 1043 River Ash Drive, Chula Vista 92010
It was recommended that the request for 25 MPH signs on Blackwood
and River Ash Drive and East "J" Street be referred to staff and
the safety commission, that staff take immediate action to request
the developers of Mission View to direct their contractors to use
Telegraph Canyon Road to Paseo Ladera and that Mr. Gold be advised
that the City cannot enforce CC&R's unless the City is a party to
those regulations.
g. CLAIM AGAINST THE CITY - J. Anthony Raso, c/o Gerald Dawson,
7851 Mission Center Court, Suite 103, San Diego 92108
On November 30, 1987, Mr. Raso filed a claim against the City in
the amount of $410,000. On August 30, 1988, Mr. Raso filed an
amended and supplemental claim in the amount of $750,000 for
additional damages and allegedly caused by increased attorney's
fees, bad faith and emotional distress. The recommendation was to
deny the claim.
~inutes - 4 - September 6, 1988
%. RESOLUTION 13761 AUTHORIZING THE PURCHASE OF POLICE PATROL
VEHICLES (Director of Finance)
The FY 1988-89 Equipment Replacement Fund provides for the
3urchase of ten police patrol vehicles. The City is able to
>btain the vehicles via a cooperative purchasing agreement as
~uthorized by Council Resolution No. 6132.
The unit price per sedan is $12,126.47 including sales tax. The
total purchase price is $121,264.73. Funds are provided for in
~ccount No. 705-7050-5565. The vehicles being replaced will be
;old at auction.
5. RESOLUTION 13762 APPROVING A COOPERATION AGREEMENT WITH THE
COUNTY OF SAN DIEGO AND THE REDEVELOPMENT
AGENCY OF THE CITY CHULA VISTA REGARDING
SUPERIOR COURTS FINANCING AND THE SHARING
OF TAX INCREMENTS FOR THE TOWN CENTRE II
REDEVELOPMENT PROJECT AREA (Community
Development Director)
As a result of adoption of Amendments 1 and 2 to the Town Centre
II Redevelopment Plan, the Agency will collect tax increments from
the Chula Vita Shopping Center and approximately 50 acres of
additional developable acreage which have been included in the
Town Centre II Redevelopment Project Area. The County has agreed
to forego sharing in tax increments from the Project Area for 25
years, with a partial sharing thereafter, in return for a $1.3
million contribution by the Agency to be applied towards the
sonstruction of Superior Court facilities at the South Bay
Regional Center. In June 1987, the Agency approved a preliminary
agreement regarding the tax increment sharing. Based upon this
agreement, a formal agreement has been prepared and was approved
by the County Board of Supervisors on July 26, 1988. The Agency
adopted the agreement on September 1, 1988.
The Agency's $1.3 million payment to the County is included in the
1987 Series B Certificates of Participation of $6,600,000 issued
for the Superior Courts Project, refinancing of the Parking
Structure and construction of a Police Crime Lab. The $1.3
million Superior Courts portion of the certificates are to be paid
by the City and reimbursed by the Agency from tax increment
revenue generated in the Town Centre II Project. The 1987 Series
A Certificates financed the Agency's share of the Chula Vista
Shopping Center Redevelopmerit project.
6. RESOLUTION 13763 APPROVING AND ACCEPTING PUBLIC
IMPROVEMENTS IN THAT CERTAIN SUBDIVISION
KNOWN AND DESIGNATED AS EASTLAKE I, UNIT
14 (Director of Public Works)
EastLake I, Unit 14 is generally located to the north of Lakeshore
Drive and within the EastLake Planned Unit Development.
4inures 5 - September 6, 1988
:inal inspection of the public improvements which consist of
~ewer, drainage facilities and street improvements in this
subdivision was held on March 24, 1988, and a letter of
~eficiencies was prepared dated April 19, 1988. Another final
inspection was performed on August 18, 1988 and all work was found
to be completed in accordance with the approved plans and to the
satisfaction of the City Engineer.
The City will assume maintenance of the public improvements in
this subdivision which consists of sewer and drainage facilities
only.
7. RESOLUTION 13764 ACCEPTING PUBLIC IMPROVEMENTS FOR EASTLAKE
I, UNITS 4, 5, 15 AND 16 (Director of
Public Works)
EastLake I, Units 4, 5, 15 and 16 are generally located to the
north and west of Lakeshore Drive within the EastLake Planned Unit
Development.
Final inspection of the public improvements which consist of
street surface improvements, sewer and drainage facilities in
these subdivisions were held during the period of December 16,
1986 through March 16. 1988. A letter of deficiency was prepared
for Unit #5 in December 1986 and the remaining units in April
1988. Other final inspections were performed and on August 16,
1988, all work was found to be completed in accordance with the
approved plans and to the satisfaction of the City Engineer.
Tile City will assume maintenance of the public improvements in
these subdivisions which consists of street surface improvements,
sewer and drainage facilities.
8. RESOLUTION 13765 ARPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND BIGGS ENGINEERING
CORPORATION FOR PREPARATION OF AERIAL TOPO
MAPS AND SURVEYING SERVICES FOR WIDENING
MAIN STREET FROM INTERSTATE 5 TO
INDUSTRIAL BOULEVARD AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT (Director
of Public Works)
In March 1988, Council approved the list of local street and road
projects to be funded with Proposition A Transportation Sales Tax
revenue. Among the projects listed was a project to widen Main
Street from Industrial Boulevard to Interstate 5. This project
has been approved for design funding with Sales Tax revenue
through the Regional Transportation Improvement Program. Staff is
in the process of preparing construction plans for this project.
However, certain topographical and surveying information is
required which is not available through in-house resources.
tinutes - 6 - September 6, 1988
Staff recommended that the City enter into an agreement with Biggs
[ngineering Corporation to prepare aerial topo and record of
survey maps and to provide surveying services for the widening of
~lain Street from Interstate 5 to Industrial Boulevard.
The total contract cost will not exceed $10,300. Funds in the
~mount of $35,800 for design of this project have been
~ppropriated through the FY 1988-89 Regional Transportation
Improvement Program from Transportation Sales Tax revenue.
9. RESOLUTION 13766 APPROVING EXTENSION OF CONTRACT TIME FOR
THE "PAVING, SECURITY LIGHTING AND OTHER
MISCELLANEOUS IMPROVEMENTS AT REINSTRA
SPORTS COMPLEX AND LAUDERBACH COMMUNITY
CENTER" (Director of Public Works)
On June 7, 1988, the City Council by Resolution No. 13596 awarded
a contract in the amount of $123,469.80 to Odell Construction Co.,
Inc. for the paving, security lighting, and other miscellaneous
improvements at the Rienstra Sports Complex and the Lauderbach
Community Center. The contract was for a 45 working day period
and is to expire on September 14, 1988. Unfortunately, the
contractor was unable to obtain delivery of electrical materials
and has requested a contract time extensions to October 28, 1988.
10. RESOLUTION 13767 ACCEPTING QUITCLAIM DEED FOR OTAY LAKES
ROAD WIDENING RIGHT-OF-WAY ALONG WITH
EASEMENTS FOR ASSOCIATED DRAINAGE WORKS
AND CLEAR SPACE, APPROVING INDEMNITY
AGREEMENT AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (Director of Public
Works)
By adopting this resolution, Council will accept the right of way
necessary for the widening of Otay Lakes Road just east of Rutgers
Avenue. Easements for drainage purposes and clear space are also
included in this deed to provide for additional work associated
with the widening project. EastLake will indemnify and hold
harmless the City from any liability associated with the
acquisition of and construction within this right of way.
11. RESOLUTION 13768 ACCEPTING GRANT OF EASEMENT FROM ROBERT
WILLIAM JACKSON FOR STREET PURPOSES AT 612
ARIZONA STREET (Director of Public Works)
Mr. William Jackson, owner of the property at 612 Arizona Street,
recently applied for a building permit to redevelop the parcel. A
requirement imposed on the permit was for the owner to dedicate a
six-foot strip of land along the frontage to bring the street into
conformance with the City's industrial road standards.
The document granting the right-of-way has been properly executed
and accepted by Council.
Hnutes 7 September 6, 1988
2a. RESOLUTION 13769 ACCEPTING GRANT OF EASEMENT FOR STREET
PURPOSES FROM ARTURO LUCERO AND CESAR E.
GUTIERREZ ALONG WALNUT DRIVE IN WOODLAWN
PARK AND OFFICIALLY NAMING SAID STREET
WALNUT DRIVE (Director of Public Works)
b. RESOLUTION 13770 ACCEPTING GRANT OF EASEMENT FOR STREET
PURPOSES FROM ARTURO LUCERO AND CESAR E.
GUTIERREZ ALONG SPRUCE ROAD IN WOODLAWN
PARK AND OFFICIALLY NAMING SAID STREET
SPRUCE ROAD
c. RESOLUTION 13771 ACCEPTING GRANT OF EASEMENT FOR STREET
TREE PURPOSES ALONG THE NORTHWEST CORNER
OF WALNUT DRIVE AND SPRUCE ROAD IN
WOODLAWN PARK FROM ARTURO LUCERO AND CESAR
E. GUTIERREZ
)n November 24, 1986, the Public Works and Planning Departments
:onditionally approved Tentative Parcel Map 86-20. Said parcel
lap involves the division of one lot located at the northwest
:orner of Walnut Drive and Spruce Road into three parcels zoned
=or residential development.
;onditions placed upon the Tentative Parcel Map required the
>wners (Arturo Lucero and Cesar E. Gutierrez) to grant easements
:or street and tree purposes.
3. RESOLUTION 13772 APPROVING CHANGE ORDER NO. 1 FOR THE
CONSTRUCTION OF CENTRAL BASIN DRAINAGE
CHANNEL EAST AND WEST OF FIFTH AVENUE
BETWEEN F AND G STREETS IN THE CITY OF
CHULA VISTA AND AUTHORIZING THE DIRECTOR
OF PUBLIC WORKS TO EXECUTE SAID CHANGE
ORDER (Director of Public Works)
)n June 14, 1988 the City Council awarded a contract in the amount
>f $218,184.73 to Commercial Contractors, Inc. for the
:onstruction of an open reinforced concrete lined rectangular
:hannel east and west of Fifth Avenue between F and G Streets in
the City.
Subsequent to the award, the owners of two parcels whose property
the channel crosses have requested that the open channel be
:overed at their expense. A contract change order has been
legotiated with the contractor that will accomplish this work at
~n equitable cost. This change order will increase the contract
~mount by ~21 516.29. Funds to cover this amount have been
~eposited by the property owners requesting the change order as
follows: J. E. Whittingham - $10, 239.49; David B. Stanley -
~11,276.80. There is no additional cost to the City associated
~ith this change order.
linutes 8 September 6, 1988
4. RESOLUTION 13773 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND BUD GRAY, PLANNING
CONSULTANT, AND EASTLAKE DEVELOPMENT
COMPANY FOR PROFESSIONAL SERVICES FOR
EASTLAKE GREENS AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT (Director of
Planning)
'he agreement for professional planning consultant services with
tr. Bud Gray, Planning Consultant, and EastLake Development
]ompany is for an extension of the agreement for temporary
>rofessional planning assistance. This agreement was originally
lpproved September 2, 1986, and extended once to September 1,
1988. This extension is for an additional period of time
[March l, 1989) to allow for the completion of the evaluation and
>reparation of plans for the EastLake Greens project.
15. RESOLUTION APPROVING PROPOSAL FOR THE INCLUSION OF
THE WATSON-MCCOY, LTD. HOLDINGS LOCATED TO
THE EAST OF THE OTAY WATER DISTRICT AND
UNOCAL PROPERTIES, WITHIN THE BOUNDARIES
OF THE CHULA VISTA PLANNING AREA AND
GENERAL PLAN UPDATE (Director of Planning)
~ulled from Consent Calendar.
)6. RESOLUTION 13774 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND ANTHONY J. LETTIERI FOR
CONSULTANT SERVICES AS SENIOR PLANNER FOR
THE MONTGOMERY SPECIFIC PLAN
IMPLEMENTATION PROGRAM (Director of
Planning)
The FY 88-89 operational budget of the Planning Department
authorizes the employment of a contract senior planner to assist
~ith the Montgomery Specific Plan Implementation Program. The
Sity received four applications for the position and conducted
interviews with three of the applicants finally selecting Mr.
~ettieri. Mr. Lettieri is currently a principal in the firm of
Lettieri-McIntyre and Associates and has over 18 years of urban
and regional planning experience in both the public and private
sector.
The amount for this six-month contract is $18,300 and was approved
in the FY 88-89 operating budget.
17. ORDINANCE 2283 AN INTERIM ORDINANCE OF THE CITY OF CHULA
VISTA REGULATING THE PROCESSING OF LAND
USE PROPOSALS WHICH ARE INCONSISTENT WITH
THE MONTGOMERY SPECIFIC PLAN - FIRST
READING & ADOPTION (Director of Planning)
4inures - 9 - September 6, 1988
The City Council, meeting in regular session on April 26, 1988,
~nnsidered a proposed interim ordinance, which would require
~roponents of land uses which are inconsistent with the Montgomery
~pecific Plan to submit applications for the amendment of the
~pecific Plan in conjunction with their applications for the
~stablishment of the proposed uses.
The City Council members, during this consideration, discussed the
~quity of the proposed ordinance, and expressed concern over those
3rojects which have been substantially processed, or currently
~ithin the "pipeline." Council after the conclusion of its
sonsideration of the draft ordinance, referred it back to staff,
and requested that the ordinance be revised by the inclusion of
provisions which would protect the interests of proponents of
development projects which have been substantially processed by
the City.
The requested, revised ordinance was prepared by staff, and, on
May 3, 1988, was adopted by Council as Ordinance No. 2266,
entitled "An Interim Ordinance of the City of Chula Vista
Regulating the Processing of Land Use Proposals Which Are
Inconsistent with the Montgomery Specific Plan." Ordinance 2266
was effective for 90 days and has now expired.
Section II of Ordinance 2266 anticipated a one-year extension of
its provisions, provided this extension was adopted by Council
during the interim ordinance's initial 90-day tenure. The
Planning Department inadvertently failed to apply to Council for
the extension, and Ordinance 2266 lapsed on August 2, 1988. The
proposed ordinance is substantially similar to Ordinance No. 2266
and is effective for 90 days.
18. REPORT REGARDING WRITTEN COMMUNICATION COMPLAINT
PERTAINING TO NOISE AT LAUDERBACH
COMMUNITY CENTER ON WEEKENDS (Continued
from meeting of August 23, 1988) (Director
of Public Safety)
At its May 24, 1988 meeting, Council reviewed a written complaint
from residents of an apartment complex that is located directly
east of Lauderbach Community Center. The complaint was regarding
excess noise and other nuisance during weekend rental activities
at the Center.
Administrative paperwork processing time would be required to
implement changes. A potential for a reduction in rental revenues
also exists should groups be unwilling and/or unable to comply
0 allocated from
with new arrangements. Approximately ~15 would be
rental revenues to purchase decibel meters.
The staff report discusses the recommendations proposed for the
resolution of this problem and refers it to the Parks & Recreation
Commission for review.
inutes - lO September 6, 1988
9. REPORT CHILDREN'S ASTHMA LEAGUE OF GREATER SAN
DIEGO REQUEST TO CONDUCT A BIKE FOR BREATH
FUNDRAISER (Director of Parks & Recreation)
he Children's Asthma League has requested permission to conduct
heir annual Bike for Breath on Sunday, February 5, 1989, between
:00 a.m. to 5:00 p.m. The route will begin and end at Rohr
ark. The route will be marshaled by members of the South Bay and
onita Optimist Clubs.
pproval is made subject to the following conditions:
Sponsor to provide liability insurance in the amount of $5
million, with the City named as an additional insured.
!. Sponsor to execute a hold harmless agreement.
Participants to remain within designated bicycle lanes.
Police Department and Traffic Engineer concur in the
recommendation.
.. Sponsor to clean-up any trash generated by the event,
!0. REPORT REQUEST TO CONDUCT BONITAFEST (Director of
Parks & Recreation)
'he Bonita Business and Professional Association is sponsoring the
6th Annual Bonitafest on September 24, 1988, and is requesting
~ermission to conduct the event. The main activities will include
~ parade along Bonita Road and the operation of approximately 300
}ooths by profit-making and non-profit groups selling arts and
:rafts items and food/beverages.
'he parade is scheduled for 10:00 a.m. to 12:00 p.m., and will
~ecessitate the closure of Bonita Road from Central Avenue at the
~ast end to Willow Street on the west end. This closure would be
in effect from approximately 9:30 a.m. to 12:30 p.m.
~pproval is given subject to the following conditions:
i, Provision of evidence of insurance in the form of a
Certificate of Insurance and a policy endorsement in the
amount of $5 million naming the City as additional insured.
Insurance is required from both the Bonitafest sponsors and
the Pointe Resorts, Inc.
l, Execution of a Hold Harmless Agreement by the Bonitafest
sponsor and the Pointe Resorts, Inc.
3. Sponsor to rent and provide adequate traffic control devices,
no parking signs, as specified by the Police Department.
Sponsor to be responsible for pick-up and return of City-owned
tables and chairs. Sponsor accepts responsibility to pay for
damage incurred to City equipment.
5. Sponsor to make arrangements for police coverage at the event.
6. Sponsor to return City-owned lot property owned by the City
adjacent to the South Bay Golf Course to original condition
following the event.
linutes - ll September 6, 1988
~1. REPORT UPDATE ON GENERAL PLAN (Director of
Planning)
>ulled from Consent Calendar.
~2. REPORT ON CONSTRUCTION REQUIREMENTS FOR MR.
VACCARO AND MR. DREW AS THEY RELATE TO
STREET LIGHT REQUIREMENTS AND STREET LIGHT
INSTALLATION PRACTICES IN THE OLDER PARTS
OF THE CITY (Director of Public Works)
It the July 19, 1988 City Council meeting, the City Council
~eceived a written communication from Mr. Vaccaro requesting that
~e be relieved of a street light installation requirement which is
~ requirement associated with his building permit for 236 Alvarado
Street. Staff was directed to prepare a report on this matter and
lotify Mr. Vaccaro when this item will be heard by the City
Souncil. Coincident to this request, the manager's office
~eceived a similar request from Mr. Fred Drew for relief of a
street light installation associated with his building project at
1275 Banner Avenue.
Staff submitted a detailed report in which they concluded they are
in the process of preparing a revised street light practice policy
for the older areas of the City. It will be the intent of this
review to develop a policy more in keeping with the fairness and
equitability provisions of the ordinance for those stable
neighborhoods where adequate street lights on wood poles exist.
Since the construction projects at 236 Alvarado Street and at 1275
Banner Avenue are locations where existing wood pole lights exist,
and the scope of the construction project is considered minimal,
it was staff's recommendation to delete the ornamental street
light requirement in these two cases.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
23. PUBLIC HEARING TO FORM CHULA VISTA OPEN SPACE MAINTENANCE
DISTRICT NO. 18, RANCHO DEL SUR (Director
of Public Works/Director of Parks &
Recreation)
RESOLUTION 13775 ESTABLISHING OPEN SPACE MAINTENANCE
DISTRICT NO. 18 (RANCHO DEL SUR} AND
DIRECTING THE CITY CLERK TO HAVE SAID
RESOLUTION RECORDED
The developer of Rancho Del Sur Subdivision has petitioned the
City for the formation of an open space maintenance district in
accordance with the criteria contained in the Municipal Code.
~inutes - 12 - September 6, 1988
Staff's report concluded that all open space lots conform to the
sriteria contained in Section 17.08.020 of the Municipal Code.
'lone of the lots will be maintained by a homeowners' association.
Said lots will be granted to the City in conjunction with approval
3f Subdivision Maps for the project.
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
There being no comments either for or against, the public hearing
~as closed.
Souncilman Moore stated his concern regarding the lack of a brow
ditch, stating that a bank of that magnitude, which is not a
natural bank and with no brow ditch to slow up the runoff, will
have a normal erosion which will occur because of that.
Director of Public Works Lippitt stated that they had this
provision in for the last ten years and due to the problem of
maintaining brow ditches that requirement was deleted in the
grading ordinance; however, it is up to the Engineer's judgement.
In this case, one was not required in the grading plan.
Councilman Moore indicated his concern with this and asked staff
to take this into consideration.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved with Councilman
~alcolm abstaining.
24. PUBLIC HEARING PCC-88-23M: REQUEST TO EXPAND A
MINI-WAREHOUSE FACILITY LOCATED AT 340
NAPLES STREET, NAPLES STREET INVESTORS,
INC. (Director of Planning)
RESOLUTION 13776 APPROVING EXPANSION OF THE MINI-WAREHOUSE
FACILITY LOCATED AT 340 NAPLES STREET
The City Council, at their meeting of April 26, 1988, considered
an appeal of a denial of a major use permit to expand an existing
mini-warehouse at 340 Naples Street and was presented with revised
plans and elevations enhancing the architecture of the proposed
expansion. Council voted to continue the hearing on the appeal
until the Montgomery Planning Committee had reviewed the new
architectural design and had an opportunity to comment.
An Initial Study, IS-88-33M, of possible adverse environmental
impacts of the project was conducted by the Environmental Review
Coordinator on January 20, 1988. The Environmental Review
Coordinator concluded that there would be no significant
environmental effects and recommended that the Negative
Declaration be adopted.
~inutes 13 - September 6, 1988
:taff recommended approval based on their findings and subject to
he following conditions:
a. The proposed expansion including all signs shall be
submitted for review and approval by the Design Review
Committee.
b. The applicant shall provide two on-site fire hydrants,
the type and location subject to review and approval by
the City Fire Marshal. Details of existing fire
protection systems shall also be provided for review by
the Fire Marshal.
c. Any expansion or alteration to the proposed
mini-warehouse project which exceeds the height shown on
the approved site plan and exterior elevations shall be
subject to approval of a modification of the major use
permit.
d. Open storage of any materials or vehicles of any type is
expressly prohibited.
e. The applicant shall submit a landscape plan prepared by a
licensed landscape architect or licensed landscape
contractor in accordance with the City Landscape Manual
for review and approval by the City Landscape Architect.
Landscaping shall be installed in accordance with the
approved plan and maintained in good condition at all
times. Failure to maintain required landscaping in good
condition shall constitute grounds for revocation of the
major use permit.
'his being the time and place as advertised, Mayor Cox declared
the public hearing open.
}irector of Planning Krempl stated that this was before the
Souncil in April and the appeal was denied. The applicant has
done some extensive renovation; Council continued the item to the
'4ontgomery Planning Committee and now both the Montgomery Planning
Sommittee and the Planning Commission and staff are now in favor
>f the proposal based on the renovated site plan. One of the
~ignificant changes was going from a three story building to a
single-story building.
3on Lindberg, Attorney, 4201 Bonita Road, representing the
~pplicant noted the improvements the applicant has made on the
site reducing the three story building to the single story level
~nd the improvements to the landscaping.
There being no further testimony either for or against, the public
learing was closed.
tESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text
vas waived by unanimous consent, passed and approved unanimously.
?5. ORAL COMMUNICATIONS None.
~inutes - 14 September 6, 1988
PULLED ITEMS
15. RESOLUTION 13777 APPROVING PROPOSAL FOR THE INCLUSION OF
THE WATSON-MCCOY, LTD. HOLDINGS LOCATED TO
THE EAST OF THE OTAY WATER DISTRICT AND
UNOCAL PROPERTIES, WITHIN THE BOUNDARIES
OF THE CHULA VISTA PLANNING AREA AND
GENERAL PLAN UPDATE {Director of Planning)
At the Council workshop of December 17, 1987, representatives of
the Baldwin Company expressed interest in the eventual annexation
of their 1,200 acre parcel to the City of Chula Vista. Two
hundred forty {240) acres of Baldwin's holdings, situated
northwest of the upper Otay Reservoir and extending easterly from
the east edge of the Otay Water District property, are outside of
the City of Chula Vista's adopted Sphere of Influence and Planning
Area. At the same workshop, Baldwin representatives expressed
interest in the City of Chula Vista amending its Planning Area to
include all of Baldwin's holdings. The City Council was in
general agreement and directed staff to include the property
within the Chula Vista Planning Area and the General Plan Update.
On July 26, 1988, the Watson Land Company, owner of 160 acres,
situated contiguously to the north and east of Salt Creek Ranch's
most northeasterly portion, also expressed interest in the City of
Chula Vista's inclusion of their land in Chula Vista.
Council authorized the inclusion of the Watson McCoy Ltd. property
within the Chula Vista Planning Area and instructed P&D
Technologies to include the subject holdings within the General
Plan Update, and to assign to them suggested land use,
conservation, and public facilities designations and to carry out
environmental assessment.
Councilwoman McCandliss noted that the General Plan Update was for
up to the year 2005 and she is concerned that there is a
continuation of including other properties into the Plan and
questioned how this was going to affect the overall General Plan.
Director of Planning Krempl explained that the entire Baldwin
property was included in the General Plan which was an oversight
when it was first submitted to LAFCO. The year 2005 was never
envisioned as a build-out. In answer to Councilwoman McCandliss'
question, Director Krempl stated that the next Council Conference
on this could be scheduled for October.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved with Councilman
Malcolm abstaining.
inutes - 15 - September 6, 1988
1. REPORT UPDATE ON GENERAL PLAN {Director of
Planning)
n July 26, 1988, the City Council held a conference related to
he General Plan Update and continued several items for report
rom staff. These items related to the U.E. letter, County Growth
easures and UNOCAL land use.
he staff report involved recommendations pertaining to special
evelopment policies at or around the trolley stations, language
n the Circulation Element tying planned roads to the Land Use
lement and noted that further refinement to the 70/30 Clustering
olicy as a general standard will be returned to Council with the
reliminary General Plan text next month.
s directed by Council on July 26, 1988, staff and the consultant
.eam are proceeding with drafting the text of the General Plan,
reparing the Environmental Impact Report and starting to prepare
slide program and other materials to be used in the Public
nformation Program. It is expected that these items will be
:vailable for Council review during the latter part of September.
lr. Bill Haul, representing First City Development Corporation,
-350 La Jolla Village Drive, San Diego 92122, stated that they
ire the future owners of the 2600 acres of land now owned by
INOCAL. Although the purchase of the property has not yet been
:ompleted, they are moving ahead with their plans and have met
yith the Planning staff and all interested parties in this
:ommunity to gain a sense of an acceptable project and to seek
:heir input. Mr. Hauf asked that Council extend the opportunity
:o allow them to continue to work with staff to create an
~lternative plan which would involve consideration of a low
lensity estate lot development, consistent with the City's need
tnd the proposed new General Plan. The modified Scenario 4
:urrently recommends that this 1800 'acres be designated as open
~pace. Mr. Haul asked Council's willingness to adopt wording in
;he draft General Plan and the draft EIR to describe their
~lternative to open space for less than 400 acres. This will not
De viewed by them as a commitment, rather, it will be viewed as an
>pportunity to submit all the information needed by staff to
=ormulate a recommendation for their property prior to the start
>f public hearings by the Planning Commission.
Jr. Hauf stated that they are presently in support of staff's
-ecommendations.
.~SC (Cox/Nader) to accept the staff report (Councilman Malcolm
~bstained).
~6. REPORT OF THE CITY MANAGER
~. City Manager announced that the Council tour of the City will
take place this Saturday, September 10 at 8 a.m.
>. City Manager Goss announced that Sam Lopez has now been named
Assistant Fire Chief.
Minutes - 16 September 6, 1988
27. MAYOR'S REPORT
a. Mayor Cox noted that there are large blocks of concrete
missing from the bleachers at Memorial Park.
Parks Superintendent Jerry Foncerrada stated that staff is
aware of this and they plan to correct it.
b. Mayor Cox noted that the City is now sponsoring a number of
events and there is a need to have a banner noting the
sponsorship of these events. He suggested that the new
bandshell at Memorial Park'have some versatility whereby the
banner can be displayed on it as well as on the new tent
purchased by the City.
MSUC (Cox/Nader) to refer this to staff for a report and
recommendation and the cost.
c. Mayor Cox noted that he has been attempting to get a sign for
the Nature Interpretive Center. CalTrans has not been
favorable to placing this on the freeway. Mayor Cox suggested
that now with the Sweetwater Marsh Wildlife Refuge going to
have signage that perhaps the City can "piggyback" on that and
get a sign for the Nature Interpretire Center.
MSUC (Cox/Malcolm) to refer to staff to pursue this with CalTrans
and the Fish & Wildlife Service.
d. Mayor Cox stated that there is signage up and down the coast
of California noting the Coastal access to the public. He
felt that Chula Vista should have some type of signage to
direct the public to the Bayfront.
MSUC (Cox/Malcolm) to refer this to staff to make contact with the
Coastal Commission and other responsible authorities to see what
needs to be done to provide signage for the Chula Vista area.
e. Mayor Cox stated that approximately two weeks ago, he and
Councilman Moore stopped at the Lauderbach Center to see the
kitchen improvements. They were, however, surprised as to the
interior of the building itself which they viewed as
"terrible." Screens were missing, dirty towels were around
and major improvements needed to be done to the inside of that
facility.
City Manager Goss explained that it is under private contract;
however, that contract is currently running out. Staff will
look into these improvements.
MSUC (Cox/Malcolm) to refer this back to staff for a report on
what is going to be done (to correct these problems).
!inutes - 17 September 6, 1988
~8. COUNCIL COMMENTS
Councilman Malcolm said he went on a ride-along with the
Police last Tuesday evening and observed the prostitution
problem along Broadway. He discussed the severity of the
problem, especially with the number of girls who are under age
114 and 15 years old). He suggested having a program whereby
a social worker can go out and talk to these girls telling
them whereby the can get help if they want it. Most of these
girls come from .broken homes and don't realize there are
agencies to help them.
IS (Malcolm/McCandliss) to authorize the City Manager to spend up
to $7500 with the South Bay Community Center, in conjunction with
the Police, for the youths on the streets and then come back to
the City Council and report on exactly what the contract is.
Souncil discussion followed regarding the specifics of the
sontract, other agencies which may be available for this type of
help and the time element involved.
Souncilman Malcolm said he would include in his motion that the
~ity Manager can use his judgement to pick the social program or
agency.
Souncilwoman McCandliss said she wants the report to address the
level of success and type of program being initiated.
~OTION RESTATED
MSUC (Malcolm/McCandliss) to authorize the City Manager to spend
up to $7500 to contract with an agency to help solve the
prostitute problem with the youth in the City of Chula Vista.
c. Councilman Malcolm said he received a few complaints from
citizens regarding dead animals in front of their homes which
are not picked up over the weekends and questioned the City
Manager as to the City's policy regarding this.
City Manager Goss noted that the hours for the Animal Shelter have
been expanded recently due to the contracts with National City and
Imperial Beach. If someone calls the Shelter on Friday or
Saturday, the animals should be picked up - Sunday may present a
problem. City Manager Goss said he will follow up on the
complaints.
Councilman Malcolm stated he wanted a brief memo from the City
Manager on what the program will cost and what the City can do to
have this service provided on a weekly basis.
Councilman Nader asked that the report define "emergency
situations."
Minutes 18 September 6, 1988
d. Councilman Malcolm discussed the recently adopted binding
arbitration ordinance indicating he wanted to change the
ordinance to allow the tenants or property owners the option
to choose the City Councilmembers as the arbitrators.
It was MOVED by Councilman Malcolm to direct staff to bring back
an ordinance amending the binding arbitration ordinance to include
an option for the City Council to become the arbitrators. The
.'-tOTION DIED FOR LACK OF SECOND.
Discussion followed with the Mayor noting the length of time
the ordinance was worked on and the time and effort spent by
the Mobilehome Issues Committee. Councilman Moore commented
that since the Council is the one that makes the policy should
they also be the judges.
Councilwoman McCandliss referred to the list of
recommendations made by Councilman Nader regarding the binding
arbitration.
Assistant Director of Community Development Gustafson reported
that Councilman Nader's referrals have not, as yet, gone tothe
Mobilehome Issues Committee. He planned to submit them at
their October meeting.
e. Traffic on Rutgers Avenue Councilman Malcolm reported this
item was rescheduled for the August 23 meeting due to lack of
notices; however, the new notices for the August 23 meeting
were dated August 19 but not mailed until August 22 which is
the reason no one showed at at that meeting.
MSUC (Malcolm/Cox) to reconsider this item - staff to redocket the
item.
f. Councilman Malcolm submitted a newspaper article to the City
Manager which reported that low-cost housing in any community
does not de-evaluate the homes in that area.
g. Councilman Moore discussed the water-saving programs and
questioned whether any thought was given to having a water
line in the trenches (to the east) which could be used for
potential collection of reused water - to irrigate open spaces.
MSUC (Moore/McCandliss) to direct staff to pursue the pros and
cons of the cost to include secondary or recycled water lines in
future utility trenches in the east and to inform the major
developers of the concept staff to report back within three
months.
h. Councilwoman McCandliss commented that the number of women she
talked to are in favor of publishing the names of the "Johns
to deter the prostitution problem. She has enough faith in
the Pol ice Department that they would not arrest anyone
without sufficient evidence and cause.
inutes 19 - September 6, 1988
Councilwoman McCandliss noted the work done by ex-Commissioner
Richard Welsh on the Board of Appeals and Design Review
Board. Mr. Welsh died recently and she suggested that as part
of the City's Beautification Awards, one award be designated
the Richard Welsh Memorial Award and be given to the building
having the most outstanding design features.
~S (McCandliss/Cox) to designate the Richard Welsh Award to be
iven at the City's Annual Awards Banquet.
~ouncilman Moore questioned whether the award would go on
ndefinitely or for a time certain noting there were many other
)ood people in the City which may create a problem.
:ouncilman Malcolm said he couldn't vote on the issue since he is
~ot familiar with Mr. Welsh's accomplishments and suggested this
~e continued for one week and a resume included in the Council's
>acket.
:ouncilwoman McCandliss withdrew her motion; Mayor Cox withdrew
~is second.
~SUC (McCandliss/Cox) to continue this item for one week.
{Councilwoman McCandliss said she would get the appropriate
information to the Council).
). Councilman Nader asked whether the Mobilehome Issues Committee
could consider Councilman Malcolm's suggestion regarding the
binding arbitration ordinance prior to their October meeting.
Mary Francis Click, Chairwoman, Mobilehome Issues Committee,
said the Committee is concentrating now on the relocation
ordinance.
Adeline Smith declared the Committee discussed this issue
in-depth. The recently adopted ordinance eliminates the
negotiation process and tightens up the arbitration and they
have only five days to select the arbitrators. If this is
brought back now, it would be just wasting the Committee's
time.
k. Mayor Cox said he talked to Superintendent Trujillo of the
Sweetwater Union High School District the other day and
Superintendent Trujillo was concerned regarding the
availability of reserve off-duty police officers for their
sporting events.
Mayor Cox referred this to staff for a report on what is being
done and for the City Manager to contact Superintendent
Trujillo on this.
1. City Manager Goss announced that the Police Department will be
holding a Public Forum on the prostitution problem on
Thursday, September 22, 1988 beginning at ? p.m. in the Chula
Vista Public Library.
4inutes 20 - September 6, 1988
n. Councilman Malcolm asked the City Attorney for a confidential
memo to Council regarding the potential liability, if any, of
publishing people's names prior to conviction for any false
arrest.
There was no Closed Session this evening.
ADJOURNMENT AT 6:05 p.m. to the Council tour scheduled for
~aturday, September 10 at 8 a.m. and to the regular meeting of
September 13, 1988 at 7 p.m.
1324C