HomeMy WebLinkAboutcc min 1988/09/27 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
uesday, September 27, 1988 Council Chamber
:03 p.m. Public Services Building
OLL CALL
RESENT: Councilmembers Nader, Malcolm, Moore, and
Councilwoman McCandliss (who arrived at 7:10 p.m.)
BSENT: Mayor Cox (Mayor pro Tempore Malcolm took the
Chair.)
.LSO PRESENT: City Manager Goss, Assistant City Manager Asmus,
Assistant City Attorney Harron
'LEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
APPROVAL OF MINUTES for the meetings of September 13 and 20,
1988.
layor pro tempore Malcolm, referencing the Minutes of September
3, item 13, emphasized that the record should clearly reflect
~hat both he and Councilman Nader felt that it was not necessary
~o pass Urgency Ordinance 2285, Adopting Amendments to Title 19 of
she Municipal Code regarding the use of Churches as Temporary
~helter for the Homeless, as this has always been a function of
she Church and the City has no right to regulate who they can or
:annot help. Councilman Nader confirmed his statement that he
~ould vote for the Urgency Ordinance but then voted against it
,ecause of his disagreement with the Amendment.
~MENDMENT OF THE MINUTES OF SEPTEMBER 13, 1988
ISC (Moore/Nader) to direct the Clerk to review the tape of the
aeeting of September 13 and insert the appropriate verbage.
~Councilwoman McCandliss and Mayor Cox out)
lOTION
~"C}~oore/Nader) to approve the Minutes of September 13th as
tmended, and the Minutes of September 20, 1988.
~. SPECIAL ORDERS OF THE DAY None.
30NSENT CALENDAR (Items 3a - 13)
Item ll was pulled.
~OUNCILMAN MOORE OFFERED THE BALANCE OF THE CONSENT CALENDAR, the
~eading of the texts waived by unanimous consent, passed and
~pproved. (Mayor Cox out)
INUTES - 2 - September 27, 1988
WRITTEN COMMUNICATIONS
REQUEST FOR CITY TO RECONSIDER LEASING OR SELLING SEWER
CAPACITY LESS THAN ORIGINAL PROPOSAL OF 2MGD Joseph M.
Ellis, President, Solidus Property System, Inc., 2725 Congress
St., Suite 2K & 2L, San Diego, CA 92110
ouncil directed staff to report back to Council after a study of
.his request which was to obtain, from the City of Chula Vista,
/2 million gallons of daily capacity in the Metro Sewer System
'or the purpose of development in the East Otay Mesa.
,. REQUEST TO CLARIFY CLAUSE IN ORDINANCE REGARDING USE OF
CHURCHES FOR HOMELESS - Earl D. Biggers, 677 G Street, Space
26, Chula Vista 92010
~ouncil referred this letter to the Planning Commission when they
:onsider the ordinance regarding churches housing homeless.
REQUEST FOR WAIVER OF FEES - Burton C. Tiffany Elementary
School PTA, Claudia Gardinier, 1691 Elmhurst St., Chula Vista
92013
]ouncil directed the request from the Tiffany PTA for a waiver of
~usiness license fees for holding a handicraft fair be approved.
). REQUEST FOR RESPONSE TO VARIOUS CONCERNS IN EASTLAKE COMMUNITY
~ Geo. L. Hauk, 2001 Port Cardiff, Chula Vista 92013-1312
:ouncil referred this letter, regarding planning and financing at
TastLake, to staff for reply a copy of which will be transmitted
:o City Council.
CONCERNS REGARDING RENT INCREASES IN MOBILEHOME PARKS - Nelda
DelPonte, Chairperson, Bayscene Mobilehome Park Residents'
Committee/Negotiator, 100 Woodlawn Avenue, #107, Chula Vista
92010
~ouncil directed this letter be acknowledged, indicating the City
~ouncil's position previously determined of not serving as
~rbitrators.
REQUEST FOR SUPPORT AND ASSISTANCE TO KEEP AIR SHOW AMERICA IN
SAN DIEGO William A. Walsh, 6110 Friars Road, Suite 204, San
Diego 92109-1004USA
:ouncil directed a general letter of support be sent Air/Space
\merica for their further efforts to conduct an Air Show in San
)iego.
INUTES - 3 September 27, 1988
RESOLUTION 13788 PROVIDING FOR THE SPECIAL APPROPRIATION OF
FUNDS FOR THE NOVEMBER 8, 1988
CONSOLIDATED MUNICIPAL ELECTION (City
Clerk)
he cost of the City's share of the November election is estimated
o be $16,374.00 and must be paid in advance. The City of Chula
ista has eight propositions on the ballot, one of which is the
nitiative which requires printing the entire text in the sample
allot. $6,000.00 was budgeted for election costs for FY
988/89. Council directed the sum of $12,000 be appropriated from
he unappropriated balance of the General Fund to Account
00-0170-5202 (Elections-Other Specialized Services).
RESOLUTION 13789 ADJUSTMENT OF GREENS FEES AT CHULA VISTA
GOLF COURSE (Director of Parks &
Recreation)
merican Golf Corporation requested a greens fees adjustment,
ffective October 27, for the Chula Vista Golf Course as provided
n the lease agreement. The last fee adjustment was more than two
ears ago on July 10, 1986. The proposed new fee structure
nvolves a new non-County resident fee which would be $2.00 per 18
:oles over and above the rate proposed for a County resident. The
:ew fee structure would generate approximately $15,000 more for
he City.
.. RESOLUTION 13790 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND BSI CONSULTANTS, INC. FOR
LANDSCAPE ARCHITECTURAL SERVICES FOR THE
DEVELOPMENT OF A MASTER PLAN FOR
EUCALYPTUS PARK AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT (Director of
Parks & Recreation)
'he Parks and Recreation Department received proposals from
~pproximately 20 landscape architectural firms in response to a
Lequest for Proposals (RFP) for the preparation of a master plan
or Eucalyptus Park. The selection committee reviewed the
,roposals, interviewed the firms and selected BSI Consultants,
nc. because of its park design experience, competitive fee,
lualifications of the project team, and services offered.
'his firm will conduct a site analysis, have a topographic survey
,repared, make an inventory of all existing improvements and
.repare concept plans for the redesign of the park site. The
,roposed fee is $30,721, which will fund surveying and field
'erification, soil testing, preliminary cost analysis, site
nalysis/inventory, two preliminary plans and one final concept
ilan, two public presentations to the Parks and Recreation
ommission and City Council, one presentation to the Design Review
~ommittee if needed. Twelve hundred fifty dollars is available
~or reimbursable expenses and $3,000 for additional work, if
leeded, and approved by the Parks and Recreation Director.
,pproximately $63,200 of Residential Construction Tax funds are
!vailable for the development of the master plan and construction
~ocuments.
INUTES 4 September 27, 1988
REPORT REMOVAL OF CORAL TREES IN CIVIC CENTER
PLAZA AREA (Continued from meeting of
September 20, 1988) (Director of Parks &
Recreation)
n August 16, Council approved the removal of Coral trees;
ppropriated $3,500 for tree replacement and hardscape repair and
sked that tree removal be in phases to avoid denuding the area.
he Civic Center Master Plan includes two alternatives that will
e presented to Council within the next 4 to 6 weeks. Council
oncurred a final decision on this matter should be continued
ntil the draft alternatives in the Master Plan for the Civic
enter are considered and direction for preparation of a final
lternative is given by Council.
RESOLUTION 13791 ACCEPTING BIDS AND AWARDING CONTRACT FOR
STREET LIGHT INSTALLATION AT HERMOSA
AVENUE BETWEEN ORANGE AVENUE AND MAIN
STREET AND AUTHORIZING REPROGRAMMING OF
$6,500 FROri THE COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS TO COVER CONSTRUCTION
CONTRACT IN FULL (Director of Public Works)
)ids were received from three electrical contractors to install
:he street lights. Council accepted the bids and awarded the
:ontract to Bonita Electric of Chula Vista in the amount of
;47,438 and authorized reprogramming of $6,500 from the Community
Development Block Grant Funds.
~ RESOLUTION 13792 APPROVING FINAL MAP OF CHULA VISTA TRACT
86-7, WEISSER SUBDIVISION, ACCEPTING ON
BEHALF OF THE PUBLIC THE PUBLIC STREET
DEDICATED ON SAID MAP, AND ACCEPTING ON
BEHALF OF THE CITY OF CHULA VISTA THE
EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION, AND APPROVING SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION
OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION (Director of Public Works)
:hula Vista Tract 86-7 consists of 18 single-family lots located
>n the south side of Naples Street between Fourth Avenue and Fifth
\venue. Approval of the map constitutes acceptance of all
trainage and tree planting easements within the subdivision and
tcceptance on behalf of the public of Weisser Way. The developer
~as executed a subdivision improvement agreement and has provided
~onds to guarantee construction of the required improvements.
~0. RESOLUTION 13793 APPROVING THE 1987-88 GRANTEE PERFORMANCE
REPORT AND AUTHORIZING ITS SUBMITTAL TO
THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (Community Development
Director)
INUTES 5 September 27, 1988
he 1987-88 Grantee Performance Report (GPR) reports the amount of
DBG funds spent, the amount remaining and the progress achieved
n 31 CDBG-funded projects; $1,469,300 in Community Development
lock Grant (CDBG) funds were expended by the City during FY
987-88. The GPR also reports on the measured direct benefit
erived from Block Grant projects, the progress achieved in the
ity's fair housing program and recommended future changes to the
rogram.
1. RESOLUTION APPROVING AGREEMEI~T BETWEEN THE CITY OF
CHULA VISTA AND THE SAN DIEGO UNIFIED PORT
DISTRICT FOR POLICE PROTECTION SERVICES ON
PORT DISTRICT IN THE CITY OF CHULA VISTA
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
'ulled from the Consent Agenda.
2. ORDINANCE 2284 AMENDING SECTIONS 1.20.010 AND 1.20.020
AND ADDING SECTIONS 1.20.030 AND 1.20.040
TO THE CHULA VISTA ~UNICIPAL CODE RELATING
TO VIOLATIONS OF THE MUNICIPAL CODE -
SECOND READING AND ADOPTION (Deputy City
Attorney)
'he proposed amendments would allow the prosecutor the discretion
:o charge all violations of the City Code as either infractions or
Hsdemeanors, although the intention is to continue to charge
,iolations as infractions in the vast majority of the cases.
3. REPORT REQUEST TO CONDUCT HALLOWEEN PARADE BY
ROHR ELEMENTARY SCHOOL (Director of Parks
& Recreation)
'he Principal of Rohr Elementary School requested permission to
:onduct a school parade on October 31, 1988 from 3:30 to 4:30 p.m.
:o celebrate Halloween. Council approved subject to the sponsor's
1) provision of a certificate of insurance and policy endorsement
'n the amount of $1 million, naming the City as additional
~nsured, (2) execution of a Hold Harmless Agreement, and (3)
~rovision of adequate traffic control as determined by the Police
)epartment.
iouncil directed staff to develop standards for adoption by
~ouncil so that future parade permits can be handled
~dministratively in accordance with approved standards.
~ND OF CONSENT CALENDAR
INUTES 6 September 27, 1988
UBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
4. PUBLIC HEARING REQUEST FOR WAIVER OF MUNICIPAL CODE
REQUIREMENTS FOR A DANCE PERMIT FOR THE
BLUE HAVEN COCKTAIL LOUNGE, 618 E Street
(Continued from meeting of September 20,
1988) (Director of Planning)
RESOLUTION 13794 AUTHORIZING A DANCE PERMIT WAIVER FOR THE
BLUE HAVEN COCKTAIL LOUNGE, 618 E STREET
his being the time and place as advertised, the public hearing
as declared open.
he Blue Haven Cocktail Lounge located at 618 E Street has applied
or a business license and dance permit in order to operate a
ight club with dancing. The facility is located on the south
ide of E Street 600 feet west of Broadway, Municipal Code
ection 5.26.230 requires a 300 foot minimum separation of
acilities with dance permits but also allows waivers to be
ranted from the 300 foot requirement as approved by Council.
ccordingly, the Blue Haven has requested such a waiver and staff
ecommends Council grant the waiver to Blue Haven Cocktail Lounge
nd allow issuance of a dance permit for this business.
here being no one to speak either for or against this item, the
ublic hearing was closed.
ayor pro tempore Malcolm questioned the reduction in parking
'equirements; Director of Planning Krempl reported the two similar
acilites in that area are self-sustaining and have their own
,arking. Based on information submitted, staff recommends
ranting the variance, a review of which will be scheduled within
six-month period to either extend or cease the variance.
OUNCILMAN MOORE OFFERED THE RESOLUTION, the reading of the text
'aived, passed and approved. (Mayor pro tempore Malcolm voted no;
layor Cox out)
5. ORAL COMMUNICATIONS
a. Bob Flaugher, 1100 Industrial Boulevard, I-lO, 92011,
representing MOPAC and HOSTAGE, addressed the discussion at
the meeting of September 20th relative to a letter mailed to
Council about Mobilehome Park closures. Mr. Flaugher stated
his belief that the list referred to was originated by an Ad
Hoc Committee for the City Housing Department, and also
referred to the State Senior Commission. Mr. Flaugher further
referenced Redevelopment Agency Resolution No. 683 dated May
1, 1986 which in his opinion further emphasized his point that
the information is not a "rumor."
:ity Manager Goss reported the Redevelopmerit Agency Resolution
~uthorized the purchase of County property for a proposed
-elocation park in anticipation of the closure of two parks and
!ith the prospect that the City could offer relocation services.
INUTES 7 September 27, 1988
ULLED ITEMS
1. RESOLUTION 13795 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE SAN DIEGO UNIFIED PORT
DISTRICT FOR POLICE PROTECTION SERVICES ON
PORT DISTRICT IN THE CITY OF CHULA VISTA
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
'his agreement was first enacted in August 1984. The Port
!istrict pays a sum equivalent to the salary and benefits of two
ort District Peace Officers. In return the City provides police
,ervices on San Diego Port District property located in the City
,f Chula Vista. The City will receive $81,900 in fiscal year
988-89 from the San Diego Unified Port District.
;ouncilman Nader questioned whether the dollar amount paid by the
'ort District would pay for the officers' salary. Discussion
~nsued and City Manager Goss confirmed the City of Chula Vista
irovides all the needed services. Director of Public Safety
~inters offered the history of this issue stating the Port
)istrict originally provided a level of the services and later cut
lack at which time the City performed all services which were free
~f charge until this agreement was first enacted in 1984.
;OUNCILMAN MALCOLM OFFERED THE RESOLUTION, the reading of the text
~aived, passed and approved. (Mayor Cox out)
6. REPORT OF THE CITY MANAGER
~. Schedule of Council meetings - Neighborhood Revitalization
Meeting will be held on Wednesday, September 28 at 7:00 p.m.
at the Montgomery Elementary School..
b. City of Chula Vista applied for the League of California
Cities Annual Helen Putnam Award for Excellence and have been
selected a finalist in the Community Development category for
community efforts and will be recognized at the League's
Annual event.
!7. MAYOR'S REPORT
lOTION
ISC ~alcolm/Moore) to ratify the appointment of John C. Ray to
the Resource Conservation Commission; the appointments of Dr. Ann
)ennette McFarlin and George R. Roberrs to the Montgomery
]ommunity Planning Committee ; and the appointment and
~atification of Daniel Contreras to the Board of Appeals. (Mayor
Sox out)
!INUTES - 8 September 27, 1988
8. COUNCIL COMMENTS
~OUNCILWOMAN McCANDLISS
Referred to item 5 on this Agenda and questioned
~onstruction of a bridge over the main channel on a temporary
lasis which was referred to staff for an evaluation.
- East "H" Street east of Hilltop was restriped, and a second
'very narrow" travel lane has resulted.
]OUNCILMAN NADER
Referred to Urgency Ordinance 2284 Regarding Use of Churches
~s Temporary Shelter for the Homeless, and a question that arose
is to whether it was staff's intent to require a number of shower
leads. Director of Planning Krempl reported his investigation of
the question with the Building and Housing Department. Advice was
~iven that, for a two week period, there would be no requirement
:or showers on site; however, if this period was extended for the
180 days, it would be appropriate to have the shower facilities,
vhich was agreed to by the Shelter Network. Councilman Nader
requested that Council be advised by staff of such requests for
:larification in the future,
tAYOR PRO TEMPORE MALCOLM
Announced that the St. Vincent de Paul Society won an award
for the best Shelter for the Homeless Program and as a Member of
the Board, he will be travelling to London next week to receive
the award and money for the Shelter and will not be at the October
~th Meeting of Council.
- Request was made of the City Clerk to bring a Resolution to
Souncil, in the interest of shortening Council Meetings, to be
able to offer the Consent Calendar without the reading of all the
headings.
- Reported a citizen's concern regarding the flood control
project construction which is also in the vicinity of a private
school, Fifth Avenue and Naples. The City Manager was requested
to investigate a possible burden on the children in that area.
The City Manager was requested to contact a gentleman who has a
question concerning a private school at Fifth Avenue and Naples
where the floor control project construction is located and the
burden on the children in the area.
~ The City Attorney requested an off docket item:
~OTION
~cCandliss/Nader) to consider an item off docket on the basis
that the need to take action arose after the Agenda was formed and
to authorize staff, on behalf of the City Council, to oppose the
adoption of Proposed Rule of Professional Conduct No. 2-400 by the
California Supreme Court. (Mayor Cox out)
iINUTES 9 September 27, 1988
- Assistant City Attorney Rudolf explained the Proposed Rule
f Professional Ethics would apply to public entity attorneys only
nd states a member shall not made a settlement offer in any case
nvolving a request by the opposing party for attorneys' fees
:onditioned upon the opposing counsel waiving of all fees.
lOTION
!SC (McCandliss/Nader) to oppose the adoption of Proposed Rule of
'rofessional Conduct No. 2-400 by the California Supreme Court.
Mayor Cox out)
~ouncilman Nader reported his inability to attend the next meeting
~romptly at 4:00 p.m. and suggested, in view of the fact that a
luorum would not be present, that this meeting be adjourned to a
ater time.
lOTION
ISC (Malcolm/Nader) to cancel the Regular Meeting of October 4,
988 at 4:00 p.m.. (Councilman Moore voted no; Mayor Cox out)
kDJOURNMENT AT 7:52 p.m. to the regular meeting of October ll,
988 at 7:00 p.m.
Jennie M. Fulasz, CMC
//~/~Yz~ CITY CLERK
~an Fortune, CMC
~EPUTY CITY CLERK
)335C