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HomeMy WebLinkAboutcc min 1988/09/13 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, September 13, 1988 Council Chamber 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor Cox, Councilmembers Nader, Malcolm, Moore and McCandliss MEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, Assistant City Manager Asmus, Deputy City Manager Morris, Assistant City Attorney Rudolf PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES None. 2. SPECIAL ORDERS OF THE DAY None. CONSENT CALENDAR (Items 3a - ll) Pulled items: 4, 10 and 11. BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 3. WRITTEN COMMUNICATIONS a. REQUEST TO ASSIST IN BRINGING APARTMENTS WITH CONSTRUCTION DEFECTS UP TO CITY CODE - Steve Bellizzi, Brightwood Atrium Townhomes Homeowners Association, 453-455 E Street, Chula Vista 92010 Council directed staff, upon completion of an onsite inspection, to forward an information item to Council indicating the status of this complaint. b. CLAIMS AGAINST THE CITY 1. Mr. Alexandro Cortez, c/o Raymond Wood, 1810 Palm Avenue, National City, CA 92050 allegation of false arrest and detainment. 2. Ms. Rose Duncan, 809 Dorothy Street, Chula Vista 92011 allegation of assault and battery by members of Chula Vista Police Department. 3. Ms. Jean A. Ferolito, c/o William D. Daley, 535 H Street, Chula Vista 92010 - claim that the City is responsible for personal injuries. MINUTES 2 September 13, 1988 4. Mr. John J. Mason, 9470 Terrywood, Santee 92071 request for property damage repairs to vehicle. 5. Ms. Selma Engram, Administratrix of the Estate of William A. Butler, c/o John R. Fielding, Jr., 1138 India, #202, San Diego 92101 allegation that the City was responsible for son's death in County Jail. Council denied the foregoing five claims. 4. RESOLUTION AUTHORIZING A DOUBLE ESCROW FOR THE PURCHASE/RESALE OF THE TERRA NOVA SCHOOL SITE (Deputy City Manager) Pulled from the Consent Agenda, 5. RESOLUTION 13778 AUTHORIZING THE CITY OF CHULA VISTA TO JOIN IN THE AMICUS CURIAE BRIEF IN SUPPORT OF THE CITY OF PACIFICA IN BALLESTRIERI V. CITY OF PACIFICA (City Attorney) Pacifica has requested that the City join in an amicus curiae brief being prepared by the City of Sacramento in support of Pacifica's Petition for a Rehearing before the entire Ninth Circuit. This case will have a significant effect on all cities throughout the State of California and an adverse decision would open cities up to a tremendous potential for liability. Council authorized that the City join in the brief being prepared by the City of Sacramento. 6. RESOLUTION 13779 APPOINTING THE SOUTH BAY GROUP OF THE SIERRA CLUB AS THE ENVIRONMENTAL ORGANIZATION TO PROVIDE A REPRESENTATIVE TO SERVE ON THE BAYFRONT CONSERVANCY TRUST FOR A PERIOD OF TWO YEARS (Mayor Cox) The seat for the Director representing an environmental organization is now vacant and Council appointed the South Bay Group of the Sierra Club as the representative of a regionally recognized environmental organization to serve on the Bayfront Conservancy Trust for a period of two years. 7. ORDINANCE 2284 AMENDING SECTIONS 1.20.OlO AND 1.20.020 AND ADDING SECTIONS 1.20.030 AND 1.20.040 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO VIOLATIONS OF THE MUNICIPAL CODE - FIRST READING (Deputy City Attorney) The amendment would make all City Code violations punishable as either misdemeanors or infractions; the intent would be to continue charging violations as infractions in the vast majority of the cases and, only in the most egregious of circumstances, would the City opt for a misdemeanor charge. MINUTES - 3 - September 13, 1988 8. REPORT BONITA OPTIMIST CLUB REQUEST TO CONDUCT A HALF MARATHON AND FAMILY FUN RUN (Director of Parks & Recreation) The event is scheduled for Sunday, October 2, 1988 and the sponsor will be providing volunteers to assist with crowd control and to marshall the participants along the race route; no street closures are requested. Police reserve units will assist with traffic control at the crossings. Other than administrative costs incurred in processing this request, there will be no fiscal impact to the City. Council approved subject to the following conditions: 1. The sponsor must obtain approval for the event from the City of National City, San Diego County, and Plaza Bonita management and the Chula Vista Police Department will coordinate with traffic safety officers from the other entities involved. 2. Sponsor must provide liability insurance in the form of a Certificate of Insurance and Policy Endorsement in the amount of $1 million, naming the City of Chula Vista as additional insured. 3. Sponsor must execute the standard Hold Harmless Agreement. 4. Sponsor must coordinate with the Police Department to insure that adequate crowd and traffic control is provided at the event at the sponsors expense. 5. Sponsor shall remove any litter created by the event. 9. REPORT ON CROSSWALK LOCATIONS, SIGNS AND CURB MARKINGS FOR CHULA VISTA HILLS ELEMENTARY SCHOOL LOCATED AT 980 BUENA VISTA WAY (Director of Public Works) Council accepted the report and approved the following to: 1. Install red curb 15 feet in between 946 and 952 Buena Vista Way; 2. Install red curb 21 feet in front of 952 Buena Vista Way; 3. Install red curb from south property line of 964 Buena Vista Way to north end of north driveway into Chula Vista Hills Elementary School visitor's parking lot. 4. Install red curb 30 feet south from south side of north driveway into Chula Vista Hills Elementary School visitor's parking lot; 5. Establish No Parking Passenger Loading zone effective 7:00 a.m. to 4:00 p.m. on school days located between the two driveways of Chula Vista Hills Elementary School; MINUTES - 4 ~ September 13, 1988 6. Install red curb 40 feet north of south driveway entrance to bus turn-around loop; 7. Install red curb south from bus turn-around loop to Cerritos Court; 8. Establish No Stopping zone effective between the hours of 7:00 a.m. and 4:00 p.m, school days, from the south property line of 999 Buena Vista Way north to a point 15 feet south of the crosswalk near the north property line of 993 Buena Vista Way; 9. Install 15 feet of red curb at 993 Buena Vista Way south of the crosswalk; 10. Install red curb on Buena Vista Way from the south property line of 1386 Don Carlos Court north to the curb return at Don Carlos Court; ll. Install two crosswalks on Buena Vista Way across the south leg at Don Carlos Court and the other across the north leg at Cerritos Court; 12. Install advance school advisory series signs and legends as shown on Area Plat; and 13. Install stop signs at Don Carlos Court and Cerritos Court. lO. REPORT REQUEST BY MR. DOUGLAS ADRIANCE, 467 ORIOLE COURT, CHULA VISTA, FOR AN ALL-WAY STOP CONTROL AT OLEANDER AVENUE AND EAST PALOMAR STREET (Director of Public Works) Pulled from the Consent Agenda. ll. REPORT FOLLOW-UP REPORT ON CORRAL CANYON ROAD AND COUNTRY VISTAS LANE REQUEST FOR AN ALL-WAY STOP (Director of Public Works) Pulled from the Consent Agenda. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 12. PUBLIC HEARING CONSIDERING THE ADOPTION OF THE MONTGOMERY SPECIFIC PLAN'S PART THREE, THE IMPLEMENTATION PROGRAM (Director of Planning) RESOLUTION 13780 APPROVING PART THREE OF THE MONTGOMERY SPECIFIC PLAN This being the time and place as advertised, the public hearing was declared open. MINUTES - 5 - September 13, 1988 Principal Planner Pass pointed out the specifics of the Plan's Part Three, the Implementation Program and conclusion, and the Negative Declaration issued on the project. Part One {the Survey, Evaluation, and Forecast) establishes the foundation for the Plan and Part Two (the Plan Proper) sets forth the plan's goals, general objectives, policies, principles, and planning and design proposals. The Environmental Review Coordinator has determined that the Negative Declaration IS-88-4M, prepared on August 21, 1987, constitutes adequate prior review of the proposed project. Councilman Moore referred to page 3, paragraph 2, and questioned the procedures for rezoning. Planner Pass explained rezonings follow the Implementation Program as they involve legislation rather than policy. Page 7, item 3 references, " mixed land uses, home occupations, and cottage industries are encouraged,..." the rationale for which based on the concerns and needs and the neighborhood character of the involved neighborhoods. Councilman Malcolm suggested staff publicize the neighborhood meetings so that all people of Chula Vista are informed as to the meeting times and places with a possible recorded message on the telephone, and staff confirmed that this will be done in both English and Spanish. Councilman Malcolm also questioned the height restrictions and it was confirmed that architectural features can extend behind the stated restriction on page 8. Density bonuses were also addressed in paragraph 5 on page 7 and Planner Pass explained the bonus referred to on page 7 refers to one given for "excellent urban design" of an award-winning type and would not be in addition to that which is State-mandated (granting of one density bonus precludes the other). Councilman Malcolm stated this increased density should also be brought to the Planning Commission and Council for approval. Councilwoman McCandliss referred to zoning classifications on page 4 and whether or not clear direction is given as to what is permitted. Planner Pass General Zoning Plan and the Zoning Plan are not the same but must be consistent; more restrictive zoning is consistent with the General Plan for better timing of the implementation of this Plan. Also questioned by the Councilwoman was the "net" versus the "gross" density and clustering; Director of Planning explained the intent of the wording to have a quality project but one that is basic in character and form. Planner Pass explained that the Montgomery Planning Committee is concerned that uses accomplished within the light industrial framework be allowed to remain if the external problems were corrected, citing the changing state of the art such as in automobile recycling industry which will be contained within buildings. Councilman Nader referred to fire sprinklers and a four-hour fire wall. Fred Creveling, Chairman of the Montgomery Planning Committee, replied that the Code required provision for 10,000 square feet before sprinklers are required. This 10,000 sq.ft. number has been reduced to a more reasonable 2,000 sq. ft. with four-hour fire walls in place to contain a possible fire. Replies MINUTES 6 September 13, 1988 were also given by Mr. Creveling relative to the cottage industries and their encouragement by the Committee because of the many family industries now present in the area which offer needed services; and he also explained the potential for computer warehousing for the automobile industry. A. Lee Estep, 2752 Front Street, 92109, representing Castle Park Enterprises, is present because of a notice to appear and asked for and received confirmation that the Castle Park property which is now "in the pipeline" is not now affected by this subject. Paul L. Greene, Sr., 141 Lotus Drive, explained his storage and collection of antique cars and questioned whether Council might look favorably upon this endeavor since this property was formerly under the County's jurisdiction. There being no others to speak for or against this item, the public hearing was closed. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent. AMENDMENT TO THE RESOLUTION MSUC (Malcolm/Cox) to modify page 7, #5, of Part Three Draft Implementation Program to include the requirement of City Council approval for any density bonuses. SECOND AMENDMENT TO THE RESOLUTION MSUC (Moore/McCandliss) to amend page 7, paragraph 3, to delete the first word, "While" and on the second line, the words "are encouraged", so that the sentence reads, "Mixed land uses, home occupations, and cottage industries are not discouraged,..." VOTE ON THE SECOND AMENDMENT Motion passed. (Councilman Nader voted no.) Councilman Moore referred to page 9, 4b as an infringment on the policy making procedure. THIRD AMENDMENT TO THE RESOLUTION MSUC (Moore/Malcolm) replace "determine" on page 9, 4b, 8th line, with "desire", and to delete the last five words of the sentence, and replace them "to the City Council." VOTE ON THE THIRD AMENDMENT Motion passed unanimously. Mayor Cox restated the staff recommendation to approve the Resolution with the exception of #6 on page 8 that relates to fire sprinklers, and to adopt the Negative Declaration issued under IS-88-4M. VOTE ON THE STAFF RECOMMENDATION AND AMENDMENTS Motion passed unanimously. MINUTES - 7 - September 13, 1988 13. PUBLIC HEARING URGENCY ORDINANCE ADOPTING AMENDMENTS TO TITLE 19 {ZONING) OF THE MUNICIPAL CODE REGARDING USE OF CHURCHES AS TEMPORARY SHELTER FOR THE HOMELESS (Director of Planning) URGENCY ORDINANCE 2285 AMENDING SECTION 19.58.110 OF THE CHULA VISTA MUNICIPAL CODE TO ADOPT STANDARDS AND REQUIREMENTS FOR THE ACCESSORY USE OF CHURCHES AS TEMPORARY SHELTERS FOR THE HOMELESS - FIRST READING AND ADOPTION This being the time and place as advertised, the public hearing was declared open. Director of Planning Krempl reported the amendment is proposed for adoption by urgency ordinance in order to facilitate local commitments and preparations for this Fall's shelter program which is scheduled to commence in mid-October, establishing a temporary shelter limited to 12 guests for no more than two weeks a year shall be considered an accessory church use upon the issuance of a zoning permit. The time limitation has been drafted so that the Zoning Administrator may grant an additional two weeks of shelter use (four weeks total) provided there has been no complaints from surrounding residents; additional time may be granted via a conditional use permit administratively, provided no objections are received, or by public hearing before the Planning Commission. The urgency ordinance shall lapse in 90 days from the date of adoption; staff intends to return with a permanent amendment and recommendation from the Planning Commission within that period of time. Councilman Malcolm reported his concerns with the Urgency Ordinance based on his belief that, throughout history, the Church has been the sanctuary to which people go for help and they should be allowed to do this and, on the other hand, he does not want to jeopardize the ability to house the homeless by not voting for adoption. He also stated that the two weeks time is not adequate. Councilman Moore referred to the fact that fire and safety regulations also affect the neighborhoods and that present day facilities necessitate these regulations. Paul L. Greene, 141 Lotus Avenue, reported the many churches moving into his area and the problems that are arising questioning the obligation of the City for protection, effect on the City's sewage system and their conformance to the City's Code. Earl Biggets, 677 G Street, Chula Vista, referred to his letter to Council, agreed with the need for debate on this complex issue, and stated the concern of Churches. President Reagan's request that churches house the homeless and the need for cities obligation to make this possible needs Council's strong moral support. MINUTES - 8 September 13, 1988 Councilwoman McCandliss suggested that adoption of the Urgency Ordinance i's absolutely supporting the Interfaith Shelter Network as well as offering encouragement to all churches to take in the homeless by setting standards under which they can operate. There being no one else to speak for or against this Ordinance, the public hearing was closed. Councilman Nader stated his objections to sections of the Urgency Ordinance as well as his agreement with Councilman Malcolm that this is a regular church activity, and suggested the time limit be extended. AMENDMENT MS {Nader/Malcolm) to amend the Ordinance {1) to allow additional two week increments to be authorized by the Zoning Administrator without limiting to only one additional two week increment, (2) to change "those with criminal records" to conviction of a felony involving moral turpitude, and (3) to delete No. 4. with the understanding that those inspections are authorized at any time. Council concurred to split the vote on the motion. Councilman Malcolm's suggestion to allow the discretion of the Zoning Administrator to prevail was addressed by the Assistant City Attorney's statement that the Government Code states the standards must be provided with delegation. AMENDMENT {1) MS (Nader/Malcolm) the first sentence in No. 1 be changed from "two weeks" to "180 days"; and that the second sentence read, "An additional two weeks increments may be authorized by the Zoning Administrator." SUBSTITUTE AMENDMENT {1) MSUC {Nader/Malcolm) the first sentence remain the same in No. 1 and the second sentence state "An additional 180 days may be authorized by Zoning Administrator ...... " It was confirmed by Councilman Malcolm the wording meant "up to 180 days" and non-consecutive. AMENDMENT MS (Nader/Malcolm) to change "those with criminal records" to "those convicted with a felony involving moral turpitude." SUBSTITUTE AMENDMENT (2) MSUC (Cox/McCandliss) to substitute the words, "felony or any crime of violence" to the Amendment. SUBSTITUTE AMENDMENT (3) MSC (Cox/McCandliss) to change the wording in item 4 by substituting the word, "may" as opposed to "shall" on the first line. (Councilman Moore voted no.) MINUTES 9 September 13, 1988 RESOLUTION OFFERED BY MAYOR COX, AS AMENDED, the reading of the text was waived by unanimous consent. Councilman Nader explained and requested the record show that he will vote affirmatively for the amended Urgency Ordinance because of his belief that an emergency shelter for the homeless is a legitimate extension of the church not requiring any type of ordinance or process provided fire, health and safety regulations are followed. Additionally, if the ordinance is not passed, he has concerns that staff may interpret the requirement for the church to obtain a Conditional Use Permit. Councilwoman McCandliss discussed the change made to item 4 which, as agreed to by Director Krempl, makes the inspection discretionary. MOTION MSC {McCandliss/Moore) to reconsider Amendment #3 for item No. 4. (Councilman Nader voted no.) RECONSIDERED SUBSTITUTE AMENDMENT (3) MS (McCandliss/Moore) to change the wording in item 4 by substituting the word, "shall" to "may" on the first line. MS (Malcolm/McCandliss) to provide the inspection be completed as early as convenient for the City departments. Discussion followed by Councilmembers that inspections are normally done after the work is completed and Mayor Cox called for the motion already on the floor. VOTE ON THE RECONSIDERED SUBSTITUTE AMENDMENT (3) Motion failed. (Mayor Cox, Councilmembers Malcolm, Moore and McCandliss voted no.) VOTE ON THE URGENCY ORDINANCE AS AMENDED Motion passed. (Councilman Nader voted no.) AMENDMENT TO THE MINUTES AS MADE ON SEPTEMBER 27, 1988 Mayor pro tempore Malcolm, referencing the Minutes of September 13, item 13, emphasized that the record should clearly reflect that both he and Councilman Nader felt that it was not necessary to pass Urgency Ordinance 2285, Adopting Amendments to Title 19 of the Municipal Code regarding the use of Churches as Temporary Shelter for the Homeless, as this has always been a function of the Church and the City has no right to regulate who they can or cannot help. Councilman Nader confirmed his statement that he would vote for the Urgency Ordinance but then voted against it because of his disagreement with the Amendment. ~4INUTES - lO - September 13, 1988 14. ORAL COMMUNICATIONS Kay Everitt, 469 Emerson, Chula Vista 92011, reported the presence of abandoned vehicles without motors, wheels, etc. on the corner property in her neighborhood on which the owner is in violation. T~s. Everitt reported the process following her complaint which is present throughout the City and requested Council to put "teeth" into the ordinance to solve this problem. MOTION MS T~'ox/Nader) to refer this complaint to staff to follow up and to make a written report. ADDITION TO THE MOTION (Nader/Cox) as part of the report, to adopt a policy that when a report is received that an abandoned vehicle moves from the jurisdiction of one City Department to another, that one City employee contact the other for appropriate action. VOTE ON THE MOTION Motion passed unanimously. Paul L. Greene, Sr., 141 Lotus Avenue, addressed the subject of abandoned vehicles and reported the City ordinance allows the placement of them behind a 6 foot fence. Joe Raso, 165 Murray Street, addressed Councilmembers with a report on the action taken by Council to request him to lower his home. Mr. Raso reported his attorney advised him to "do nothing" at this point; presented Councilmembers with bills presented to him by the attorney. PULLED ITEMS 4. RESOLUTION 13781 AUTHORIZING A DOUBLE ESCROW FOR THE PURCHASE/RESALE OF THE TERRA NOVA SCHOOL SITE (Deputy City Manager) Council authorized staff to purchase a declared surplus school site from the Sweetwater Union High School District consisting of 26.27 acres and located on Hidden Vista Drive at Ridgeback Road, commonly referred to as Terra Nova. Bidding for the property has been completed and staff recommends Council: 1) Enter into a double escrow with Sweetwater Union High School District for the purchase/resale of a surplus school site comprised of 26.27 acres; 2) Award the bid, and to resell the subject property, to Woodcrest Development for $5,907,000 plus specified park improvements; MINUTES - ll September 13, 1988 3) Convey all monies received by the City, in excess of the original purchase price, less stipulated processing and staff costs and $30,000 for additional park improvements, to the Sweetwater Union High School District; and 4) Specify in the escrow instructions the City's understanding that those funds conveyed to the District, in excess of the $2.25 million purchase price, will be used for the Administrative Center/joint use Corporation Yard. 5} Specify in the escrow instructions and as a condition of the final map that Woodcrest implement a grading/construction plan which provides access to a majority of the upper ballfield and facilities during construction. Pat Grady, 421 Hidden Vista Drive, Chula Vista, presented a petition with 47 signatures of people in the neighborhood requesting Council stipulate, as part of the escrow instructions and conditions of the final map, that night lighting be deleted and that future planning be presented to the residents of Terra Nova for input; the residents offered support for the park amenities to encourage families to enjoy a neighborhood park for residents. Councilman Malcolm reported the decision tonight has nothing to do with park improvements which will be decided within six months; it is planned to meet with the residents to discuss what improvements will be recommended. Park Superintendent Foncerrada reported that permits are generally issued for recreation facilities unless there is some reason for denial; there is a shortage of playable fields, especially for soccer, throughout the area. Paul L. Greene Sr., 141 Lotus Avenue, questioned the sale of a public school which he believes is in the jurisdiction of the Sweetwater High School District. Mayor Cox replied that the District does own the site; the Board of Trustees has offered the site for sale as a surplus site; Chula Vista has entered into a contract at their specified price; the City is now considering sale of the site to a development company; the additional money derived by the School District will go back to the District to assist in the building of an Administration Center. Wayne Barnett, Woodcrest Development, reported that the $850,000 budgeted for improvements will provide the park as designed in the Plan; Woodcrest will take the risk that the cost will actually be higher. Mayor Cox confirmed that, if it is decided to put in fewer improvements, the City may decide to put them in at another location. MINUTES 12 - September 13, 1988 RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. MOTION MSUC (McCandliss/Nader) prepare a report to come back to Council for the utilization of public park land for soccer use or other special group use. Councilman Nader questioned an outstanding referral to staff that included this site in the possible sites for a homeless and relocation park, and Mayor Cox reported the exhorbitant cost of constructing the relocation park at this area precluded this site from consideration. MOTION MSUC (Nader/Malcolm) to direct staff to come back to Council next week with the present list of sites staff has looked at for the homeless and relocation park. At 9:45 p.m., Mayor Cox left the dais. Mayor pro tempore Malcolm took the Chair. 10. REPORT REQUEST BY MR. DOUGLAS ADRIANCE, 467 ORIOLE COURT, CHULA VISTA, FOR AN ALL-WAY STOP CONTROL AT OLEANDER AVENUE AND EAST PALOMAR STREET (Director of Public Works) The subject intersection does not satisfy the City's criteria for all-way stop controls. The intersection received 15 points out of a possible 50. The minimum points necessary before an all-way stop is warranted is 30. Studies have shown that unwarranted all-way stops could adversely affect the intersection's safety performance. It is staff's recommendation to not install an all-way stop as requested. Staff does recommend to slow down traffic, solid 4" wide white edgelines between the travel lanes and the parking lanes of Oleander Avenue be added near the E. Palomar Street intersection. Pedestrian crosswalks are not recommended as there are adequate gaps in traffic to provide opportunities for pedestrians to cross Oleander Avenue safely. The edge lines will provide better definition and may have the affect of slowing traffic down. A crosswalk at this location could place a false sense of security for pedestrians and they may not pay as much attention to oncoming traffic. Councilman Nader stated his concerns that Mr. Adriance is not present because he is "on duty", and that input has not been directly received from the Boys and Girls Club. MOTION MSC (Nader/Malcolm) to postpone consideration of the item and notify Mr. Adriance of a scheduled date at which he is not on duty and can attend and, secondly, that the input of the Girls and Boys Club be solicited. (Mayor Cox out.) MINUTES - 13 September 13, 1988 11. REPORT FOLLOW-UP REPORT ON CORRAL CANYON ROAD AND COUNTRY VISTAS LANE REQUEST FOR AN ALL-WAY STOP (Director of Public Works) Staff has reviewed the available accident records for the area in the County portion and there has been only one reported accident over the last two year period. For the portion of Corral Canyon Road in the City of Chula Vista, the only reported accidents have been at the intersection with East H Street. With the completion of the traffic signal at East H Street, the safety performance of this intersection should be enhanced. Staff recommended not to install an all-way stop at this time at the subject intersection; the intersection will be placed on the All-Way Stop Evaluation List to be studied after construction is completed for the area. George Kost, P. O. Box 232, Bonita 92002, President of the Sweetwater Valley Civic Association, disagreed with staff's recommendation stating this is a dangerous situation and requested the stop be installed to "slow down" traffic for the safety of school children and animals. John Kohls, retired City employee and resident of Bonita Highlands, disagreed with staff's recommendation, stating this area is a "raceway" and that his opinion is that stop signs will alert the drivers to a "different situation" on the road. MOTION MSC (Moore/Malcolm) to support the staff recommendation. (Councilman Nader voted no; Mayor Cox out.) 15. REPORT OF THE CITY MANAGER a. Scheduling Council meetings In addition to the scheduled meetings, there will be a third Neighborhood Revitalization Program meeting on September 14 at 7:00 p.m.; the fourth meeting will be held at the end of September. b. At the Planning Commission Meeting on September 14, the Growth Initiative will be discussed; and the Management Growth Oversight Committee will be holding its first meeting on September 21 at 7:00 p.m. in the Council Conference Room. c. Progress Report was given to Council on Juvenile Prostitution Intervention. At 10:02 p.m., Mayor Cox returned to his seat on the dais; communication on this subject from Kathryn Lembo Schroeder, Executive Director of the South Bay Community Services Inc. was distributed and the intent to continue to work with the organization was stated. MINUTES 14 - September 13, 1988 16. MAYOR'S REPORT a. Designation of environmental group representation on the Bayfront Conservancy Trust - was resolved through item 6 on this agenda. b. Woodlawn Park Developments - the land across the street from the Community Center parcel "in limbo"; staff is requested to look at that and it is emphasized that a consultant not be hired. MOTION ~Cox/McCandliss) refer the particular parcel to staff to evaluate what could or should be done with that particular parcel. (Councilman Nader out.) c. Material was distributed from Mr. Raphael of the Homeowners Association of EastLake, expressing some concerns. d. City of San Diego has recently adopted ordinances that provide restitution from those convicted of drunk driving violations where City funds are expended for emergency services and damages. MOTION MSUC (Cox/Moore) to refer to staff to come back with a proposed ordinance for City reimbursement for drunk driving violations. e. Referral was made to the City Manager for a letter concerning a public forum on Wednesday, September 21, at the War Memorial Building in Balboa Park dealing with the San Diego Sewerage System Modifications. d. Public's attendance is requested at the Forum on Prostitution which is scheduled on Wednesday, September 22, from 7 to 9 p.m. in the Library Auditorium. 17. COUNCIL COMMENTS COUNCILMAN MALCOLM: a, Mobilehome Parks Arbitration - MOTION MSC ~alcolm/Nader) to refer to the Mobilehome Issues Committee to put the five Councilmembers name in "the hat" to be selected as the third arbritrator, if needed, to reach an agreement. (Mayor Cox and Councilmember Moore voted no.) b. Notification was received of the proposed expansion to accommodate 2500 new postal boxes at the Chula Vista Post Office. MINUTES 15 - September 13, 1988 MOTION MSUC (Malcolm/Moore) to place the item on this Agenda because there is a need to take action and the issue arose after the agenda was formed. MOTION ~Malcolm/Moore) to authorize the Mayor to send a letter to the Postmaster to express Council's concerns regarding the number of Boxes and the existing traffic concerns and to request that any additions and changes to the Post Office be courtesy-noticed to the City of Chula Vista. c. Potential contract with Steve Delaney for services related to the location of a food store in downtown Chula Vista ~ the present free Consultant working with the food stores would like to have assurances from the City that, if one of the stores he has contacted does locate in the area, he would be covered with a contract. MOTION MS T~lcolm/Moore) to direct the City Manger to enter into some type of agreement whereby, if Mr. Delaney continues to work with the Committee and brings in a food store to the Redevelopmerit area of Chula Vista in the Downtown area that some kind of adequate fee compensation be given him for protection by an agreement. Council discussed the fact that Chula Vista is in need of a grocery store, the sites that have been looked at and, in answer to a question, Assistant City Attorney Rudolf advised the Municipal Code provides, if the estimated cost exceeds $16,000, that all services and equipment shall be determined by competitive bidding unless Council determines it is impossible and impractical. City Manager will be working with City Attorney and a determination will be made at that time. VOTE ON THE MOTION Motion passed unanimously. COUNCILMAN NADER: d. Reported on the Neighborhood Revitalization Meeting for Castle Park residents on September 12 and the large segment of the community which attended. A citizen expressed concerns of her home being in the flight pattern of Brown Field. MOTION MS ~der/Moore to direct staff to report back with (1) monitoring of Environmental Impact Reviews and other relevant documents pertaining to the airfield in Otay Mesa in order that Council is on top of whatever impact there may be on Chula Vista and (2) to try to make sure the increased use can be routed in such a way to avoid noise and inconvenience for the residents. City Manager Goss stated he can provide the reports which he already possesses which reveal no impact to the City. MINUTES - 16 September 13, 1988 Councilman Nader would like a vote on the motion to assure that, although there is no problem at the present time, continuous monitoring would exist so that if a potential problem arises, it is brought to Council's attention immediately. VOTE ON THE MOTION Motion passed unanimously. e. Sidewalk Program the fact that citizens do not know of the deferral program. MOTION MS [~'ader/Cox) that the item be referred to staff to report back on the current practice of informing people of the deferral process for sidewalk assessments. COUNCILWOMAN McCANDLISS: e. Establishment of the Richard Welsh Memorial Award It was requested that the item be continued to the meeting of September 20. f. Notices of Meetings for the Montgomery Area are noticed by the week and the preference is to be notified when Community Meetings are being scheduled by staff. City Manager Goss suggested to include these types of meetings in the schedule distributed by the City Clerk. g. San Diego Gas & Electric and Chula Vista's status as a Charter City to be added to the September 20 Agenda for action. ADJOURNMENT AT 10:45 p.m. to the Council Workshop to evaluate the performance of the City Manager on Saturday, September 17 at 8:00 am at the Dockmaster's Office, Marina, and to the Regular Meeting of September 20, 1988 at 7 p.m. Jennie M. Fulasz, CMC _~~ CITY CLERK ~Jea~"Fortune, CMC Deputy City Clerk 1327C