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HomeMy WebLinkAboutcc min 1988/11/01 MINUTES OF A REGULAR MEETING OF CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, November 1, 1988 Council Chamber ~:05 p.m. Public Services Building ~OLL CALL PRESENT: Mayor Cox, Councilmembers Nader, Malcolm, and McCandliss ABSENT: Councilman Moore ALSO PRESENT: City Manager Goss, Assistant City Manager Asmus, Assistant City Attorney Rudolf ~LEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES ~40TION '~SUC (Malcolm/Nader) to approve the Minutes for the Adjourned ~eeting of October 20 and the Regular Meeting of October 25, 1988. 2. SPECIAL ORDERS OF THE DAY a. INTRODUCTION OF MISS CALIFORNIA TINY TOT Miss Antoinette Lynn Charlton, crowned Miss California Tiny Tot in !4ay 1988, was introduced to Council by her mother. Council presented Antoinette with a key to the City to take to Florida ~vith her where she will compete for a national title in two weeks. b. RESOLUTION 13827 COMMENDING RICHARD P. WELSH POSTHUMOUSLY FOR HIS EXCELLENT SERVICES ON THE BOARD OF APPEALS AND DESIGN REVIEW COMMITTEE c. RESOLUTION 13828 COMMENDING DORIS A. MOORE FOR HER EXCELLENT SERVICE ON THE LIBRARY BOARD OF TRUSTEES d. RESOLUTION 13829 COMMENDING ROBERT E. TORBETT FOR HIS EXCELLENT SERVICE ON THE SAFETY COMMISSION e. RESOLUTION 13830 COMMENDING ANNA MAE NUTE FOR HER EXCELLENT SERVICE ON THE HUMAN RELATIONS COMMISSION f. RESOLUTION 13831 COMMENDING BEVERLY LaRUE FOR HER EXCELLENT SERVICE ON THE HUMAN RELATIONS COMMISSION INUTES - 2 November l, 1988 RESOLUTION 13832 COMMENDING ROBERT STRAHL FOR HIS EXCELLENT SERVICE ON THE PARKS RECREATION COMMISSION RESOLUTION 13833 COMMENDING MERRITT W. HODSON FOR HIS EXCELLENT SERVICE ON THE RESOURCE CONSERVATION COMMISSION RESOLUTION 13834 COMMENDING ALFREDO ARAIZA FOR HIS EXCELLENT SERVICE ON THE DESIGN REVIEW COMMITTEE RESOLUTION 13835 COMMENDING CURTIS LEE FOR HIS EXCELLENT SERVICE ON THE BOARD OF APPEALS ,. RESOLUTION 13836 COMMENDING JOHN WINKELMAN FOR HIS EXCELLENT SERVICE ON THE BOARD OF APPEALS ~ESOLUTION NOS. 13827 THROUGH 13836 WERE OFFERED BY ~IAYOR COX and ~ead by title, the reading of the texts waived by unanimous zonsent and approved unanimously. ~ONSENT CALENDAR (Items 3a - 11) ~ulled Items: 3a, lOa and b, and 11. 'HE BALANCE OF THE CONSENT CALENDAR WAS OFFERED BY COUNCILMAN ~ALCOLM and read by title, the reading of the texts waived by ~nanimous consent, and approved unanimously. 3. WRITTEN COM~IUNICATIONS REQUEST FOR SUPPORT OF HR 5269, SAN DIEGO SEWAGE TREATMENT ACT OF 1988 - Jim Bates, 430 Davidson Street, Chula Vista 92010 ~ulled from the Consent Calendar. REQUEST FOR LEFT-TURN PHASING AT FOURTH AND L STREET Rice School Parent Teacher Association, 915 Fourth Avenue, Chula Vista ;ouncil directed that the Parent Teachers' Association of Rice ~chool be advised that the left turn phasing signal project at :ourth and L will be out to bid by mid-December with installation :ompleted on or about June 1989. :. COMPLAINT REGARDIIIG CONTRACT FOR MAINTENANCE AT LAUDERBACH CENTER Thomas A. Davis, 1657 Gotham Street, Chula Vista 92013 ;ouncil directed staff to invite Mr. Davis to submit his proposal For the furnishing of janitorial services at the Lauderbach Center Jnder the terms of the expanded service required. IINUTES - 3 - November 1, 1988 RESOLUTION 13837 APPROVING AGREEMENT WITH COUNTY OF SAN DIEGO FOR THE POLICE DEPARTMENT TO PARTICIPATE IN SAN DIEGO COUNTY'S CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK (Director of Public Safety) iouncil approved the agreement with the County to obtain direct ~ccess into the State's Fingerprint Identification System. The ~AL-ID System will probably be running by May 1989. Estimated :ost for the last quarter of FY 1989 should not exceed $10,000 and =unds are available in the Police Department budget for this cost. RESOLUTION 13838 GIVING ASSURANCE TO THE STATE OF CALIFORNIA REGARDING THE TELEGRAPH CANYON CREEK FLOOD CONTROL PROJECT AND APPOINTING CERTAIN CITY OFFICERS TO FILE CLAIMS FOR REIMBURSEMENT FOR EXPENDITURES MADE THEREFOR {Director of Public Works) The City is eligible to receive reimbursement from the State 3epartment of Water Resources for up to 71% of the costs incurred to acquire the project's rights-of-way and 85.3% of the costs incurred for relation of utilities. The City is expected to receive a reimbursement from the State totaling about $1,358,500 ~hich brings the City's net participation for the construction of this project to about $3,419,350. 5. RESOLUTION 13839 APPROPRIATING ADDITIONAL FUNDS FOR THE PREPARATION OF THE PUBLIC FACILITIES PLAN - PHASE II {Director of Public Works) At the time Council approved that the City enter into an agreement with Engineering Science Inc. for the preparation of the Public Works Facilities Plan, Phase II, funds appropriated were insufficient to cover the full contract costs. Council appropriated additional funds in the amount of $7,200 to cover the full cost. 7. RESOLUTION 13840 AUTHORIZING RANCHO DEL REY, A CALIFORNIA GENERAL PARTNERSHIP, TO CONSTRUCT A PORTION OF OTAY LAKES ROAD FROM EAST H STREET TO BONITA ROAD AND RECEIVE REIMBURSEMENT FROM DEVELOPMENT IMPACT FEES (Director of Public Works) Ordinance No. 2251 established a Development Impact Fee to pay for transportation facilities in the eastern territories of the City. The ordinance provided that a developer may request authorization from the Council to construct one or more of the transportation facilities listed in the ordinance. 8. RESOLUTION 13841 ACCEPTING GRANT OF EASEMENT FROM ABEL G. AND AILEEN H. MONTELONGO FOR STREET PURPOSES AT 274 EMERSON STREET (Director of Public Works) IINUTES - 4 - November l, 1988 ~r. Montelongo, owner of the property, applied for a building ~ermit to add a second living unit on the property. A requirement !mposed on the permit was for the owner to dedicate an eight-foot ;trip of land along the frontage to bring the street into :onformance with the City's residential road standards. }. RESOLUTION 13842 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO REGIONAL TRANSPORTATION COMMISSION, COUNTY OF SAN DIEGO, CITY OF SAN DIEGO AND STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR ENVIRONMENTAL AND ROUTE STUDIES FOR SR 125 CORRIDOR BETWEEN SR 54 AND 1-905 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works) Souncil conceptually approved an agreement between the subject ~gencies which will provide funding for environmental and route location studies for future SR 125 freeway. The total cost of the study is now estimated at $2.9 million and the two cities' and the Sounty's proportion will be $166,667 each and adequate funds qaving been appropriated in the CIP budget. It is estimated the studies will be completed by mid-1991 with formal hearings and route adoption procedures sometime in 1992. URGENCY lOa. ORDINANCE ESTABLISHING AN INTERIM MORATORIUM ON BUILDING PERMITS FOR PROPERTY WHICH MAY BE IN CONFLICT WITH THE DRAFT GENERAL PLAN AMENDMENT FOR THE AREA IN THE CITY OF CHULA VISTA BOUNDED BY E STREET, INTERSTATE 5, H STREET AND WOODLAWN AVENUE AND DECLARING THE EMERGENCY THEREOF - FIRST READING & ADOPTION (Director of Planning) b. RESOLUTION AUTHORIZING A FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JHK AND ASSOCIATES FOR WOODLAWN AND REALIGNMENT Pulled from the Consent Agenda. 11. REPORT ENFORCEABILITY OF A 25 MPH SPEED LIMIT ON RUTGERS AVENUE BETWEEN EAST H STREET AND OTAY LAKES ROAD (Deputy City Attorney) Pulled from the Consent Agenda. END OF CONSENT CALENDAR INUTES - 5 - November l, 1988 UBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 2. PUBLIC HEARING PCM-88-21: CONSIDERATION OF PERMANENT AMENDMENT TO THE MUNICIPAL CODE ESTABLISHING STANDARDS AND REQUIREMENTS FOR THE ACCESSORY USE OF CHURCHES AS TEMPORARY SHELTERS FOR THE HOMELESS CITY INITIATED (Director of Planning) ORDINANCE 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 'his being the time and place as advertised, Mayor Cox declared :he public hearing open. ~ssociate Planner Griffin reported Urgency Ordinance 2285, adopted ~eptember 13, 1988, established an accessory use process to ~acilitate the use of churches as temporary shelters for the lomeless. Council directed staff to return with a permanent ~mendment within 90 days. The permanent amendment is exactly the same as the urgency ordinance and addresses the zoning permit, time limitation, the prescreening process, floor plan in :ompliance with health and safety codes, a 10 day lead time and :!arification of the Zoning Administrator's discretion. Mr. 3riffin further reported that notification to the surrounding residents in the affected area is accomplished by use of the Sounty Tax Assessor's Book of Record, copy of which is in the alanning Office. '4ary Niez, Interfaith Shelter Network Coordinator, 655 Fourth Avenue (#36), 92101, reported that, although they do not agree ~ith the need for this ordinance, her organization "can live with it". Coordinator Niez further reported the criteria demands of tile Shelter Network when selecting those homeless with which they can help. The Shelters typically operate from 5 p.m through 7:00 a.m., the guests carry out assignments during the day and after two weeks the Shelter rotates to another area congregation. Paul L. Greene, Sr., 141 Lotus Drive, 92011, questioned if his motor home, as well as other motor homes stored on Chula Vista property, could be used to house the homeless during inclement weather. Mayor Cox commented this question is not directly pertinent to the question before Council. Judith Johnson, Project Hand Lutheran Services, 3 "I" Street, thanked Council for support of the Interfaith Shelter Hetwork and reported that the Churches are interested in having Councilmembers visit one of the Churches involved in the program to observe what is being done. Ms. Johnson also offered the information that there is a program now in process to take care of the homeless during inclement weather. INUTES 6 November l, 1988 here being no others to speak for or against this item, the ublic hearing was closed. ouncilman Nader restated his position on this ordinance in that t regulates an activity that is, in his opinion, an expression of eligious faith and protected by the First Amendment. Realizing hat some resolution of the matter is needed, he offered the ollowing amendments: MENDMENT TO THE RESOLUTION S (Nader/Malcolm) to amend the initial portion of Section 1 to rovide that an emergency program of up to two weeks is considered n accessory use and, beyond two weeks, is an accessory use ollowing the conditions of the Zoning Permit. ouncilman Malcolm remarked that throughout history the Church has .upported the oppressed, whether by religion, social, economic or .ther reasons, and believes the Church has that right and should !ot be regulated. Councilwoman McCandliss urged approval of the irdinance to meet the two needs to house the homeless and also ~o assure this is done in an appropriate manner. 'OTE ON THE AMENDMENT lotion Failed. (Mayor Cox and Councilwoman McCandliss voted no.) ~MENDMENT TO THE RESOLUTION IS (Nader/Malcolm) the second sentence in Condition No. 1 be zmended to state that, if there is an objection, the person may sake the objection to the Planning Commission. :ouncilmembers discussed the intent of this amendment and :oncurred in the following change: ~ESTATED FIRST AMENDMENT TO THE RESOLUTION !SUC {Nader/Malcolm) to add another sentence to Condition No. 1 to ;tate, "Iin the event that opposition has been expressed, the [oning Administrator shall hold an Administrative Hearing to Jetermine whether good cause exists to continue the permit or to )eny the extension. ~ECOND AMENDMENT TO THE RESOLUTION ISUC (Nader/Malcolm) in Condition No. 7, to change the wording =rom "shall" to "may"on the first line and to insert the word, 'substantiated" before "report" in the second line. FHIRD AMENDMENT TO THE RESOLUTION ~SUC (Nader/Malcolm) to insert the wording under a new Section I so read, "It is the intent of the City Council to facilitate the ~se of the City's churches and community facilities for the ~ppropriate provision of temporary shelter of the homeless and the >rovisions of this ordinance shall be construed and applied with that intent. The present Section I now becomes Section II, and Section II becomes Section III. !INUTES - 7 - November l, 1988 lAYOR COX OFFERED THE ORDINANCE AS AMENDED, read by title, the 'eading of the text waived by unanimous consent, and approved ~nanimously. 'or the record, Councilman Nader reported that it is his belief :hat this Ordinance is not needed but because the Interfaith ;helter Network needs resolution of this matter and, because of :he approval of the three amendments, he gave his support. ~ouncilman Malcolm stated that he concurs with these comments. 3. ORAL COMMUNICATIONS None ~ULLED ITEMS )a. REQUEST FOR SUPPORT OF HR 5269, SAN DIEGO SEWAGE TREATMENT ACT OF 1988 - Jim Bates, 430 Davidson Street, Chula Vista 92010 layor Cox reported the recommendation for this item was revised by ~taff to state that Council support the concept only and that it ~e brought back as a part of the Legislative Program for 1988-89. Stephen Perez, representative from the Congressman Bates' office, ^eported the reasons Council should support HR 5269. Councilman ~alcolm questioned whether any portion of this money will be going to the Mexican Pipeline which, if it does, is a waste of the taxpayers money. It is intended to use the pipeline to send the sewage back to Mexico to be handled; however, it is suspected that, ultimately, this sewage will be returned to the ocean ~ntreated and since the oceans run from south to north, the sewage ~ill return. Until the question is answered, Councilman Malcolm sannot support the bill. Souncilman Nader stated that Section 3 of the bill clearly states the money will be used for planning and construction of "waste tater treatment works". ~IOTION ~SC {Malcolm/Cox) to continue the item for two weeks for a Legislative Report. {Councilman Nader voted no.) URGENCY 1Oa. ORDINANCE ESTABLISHING AN INTERIM MORATORIUM ON BUILDING PERMITS FOR PROPERTY WHICH MAY BE IN CONFLICT WITH THE DRAFT GENERAL PLAN AMENDMENT FOR THE AREA IN THE CITY OF CHULA VISTA BOUNDED BY E STREET, INTERSTATE 5, H STREET AND WOODLAWN AVENUE AND DECLARING THE EMERGENCY THEREOF FIRST READING & ADOPTION (Director of Planning) b. RESOLUTION 13843 AUTHORIZING A FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JHK AND ASSOCIATES FOR WOODLAWN AND REALIGNMENT !NUTES - 8 - November l, 1988 he project potentially conflicts with the extension of Woodlawn venue south of "F" Street, a key proposal of Scenario IV and the raft General Plan Update for Central Chula Vista. This item is o consider a short moratorium so that an alignment study might be ade to determine specifically whether the property is affected nd to what extent, as well as the impact on other properties in he environs. ouncilman Malcolm noted that this item takes a 4/5 vote and it oes not have his support. A decision must be made to allow a pecific project to proceed or not but the people in subject lobilehome parks have not been notified of this item. Councilman Irincipal Planner Lee reported the purpose of bringing this item ,efore Council was to discuss the alignment study because of a ~ending project on the south side of F Street. ~OTION ~SC (Cox/Nader) to file the Urgency Ordinance. ICouncilwoman lcCandliss voted no.) !ESOLUTION OFFERED BY MAYOR COX and read by title, the reading of she text waived unanimously. ~NENDMENT TO THE RESOLUTION ! (Nader) to include in the study a provision that any tisplacement of residences would come to Council with a proposal =or relocation and, if there is no proposal, Council does not want ~he item. (Motion died for lack of a second.) IESOLUTION PASSED. (Councilman Nader voted no.) )oug Williams, 30558 Alta Mesa Drive, representing Williams ~randall, and Ray Halpenny, 670 "F" Street, 92010, both requested ~o speak on this item. Mayor Cox explained that the Urgency }rdinance was filed and there will be no moratorium since Council 's giving staff direction to do an alignment study which will not !mpede anyone's desire to move forward on a project. '1. REPORT ENFORCEABILITY OF A 25 MPH SPEED LIMIT ON RUTGERS AVENUE BETWEEN EAST H STREET AND OTAY LAKES ROAD IDeputy City Attorney) ~n order for a traffic survey to legitimize the downward speed zoning, it would have to be based on either the documentation of ~ccidents at that location or on the establishment of roadway ~onditions which are not readily observable by the driver. Given ~hat the roadway was apparently designed to safely carry traffic tt 40 mph and that 85% of the drivers who use the road are !INUTES - 9 - November l, 1988 ~riving at 39 mph, it is clear that there would be substantial ~nforcement problems with lowering the speed limit in light of the :ourts' historical reliance on the 85 percentlie measure as a ,asis for determination of the safe speed on a particular oadway. In a non-radar stop, the Traffic and Engineering Survey :an be used in defense of a charge of speeding; the use of radar ~o stop such a driver makes the officer guilty of enforcing an llegal speed trap. ~ouncilwoman McCandliss indicated this situation to be "bizarre" n the way an acceptable speed limit is established; enforcement ~f a 25 miles per hour (mph) speed limit was stated to be her )oal. Councilman Malcolm recalled that Council directed staff to ower the speed limit at last week's meeting and this report :ontradicts that direction. Staff was expected to bring back a -eport showing how Council could legally enforce a 25 mph limit. .IOTION IS (Malcolm/McCandliss) to file the report and take whatever :orrective action the Police Department needs to do to lower the ~peed limit to 25 mph. ~ssistant City Attorney explained that the law states, for major streets, Council is limited to set the speed limits. There is a >rima facie speed limit of 25 mph within the residential zones vithin the City; outside the City on major thoroughfares, the ~peed limit is 55. Below 55 mph the City has the burden to iustify the posted speed and must do that by utilizing the Traffic [ngineering Study provided to Council by staff. Traffic Engineer losenberg reported that the street has a designed standard at 40 qph. Based on the stated law, Mayor Cox urged that the speed limit be enforced at 30 mph. SUBSTITUTE ~OTION ~S (McCandliss/Nader) to return the speed limit to 30 mph, have ~nforcement in the area, that a speed study be conducted within ~ix months and the street be striped as suggested by staff, and that staff bring this item back to Council in three months to be ~edocketed. Stanley B. Waid, 5617 Galloping Way, Bonita 92002, representing the Sweetwater Valley Civic Association, urged Councilwoman tcCandliss to amend her motion to include that portion East of "H" Street. Souncilman Malcolm reiterated his concern that a motion was made ~t last week's meeting to direct that the speed limit be lowered to 25 mph and, to change that direction at this time is questionable. SECOND SUBSTITUTE MOTION '4SUC (Cox/Nader) to continue the item to the meeting of November 22 and to give notice of this meeting agenda to those people who were at the meeting of October 25, 1988. INUTES - 10 November l, 1988 4. REPORT OF THE CITY MANAGER .. Scheduling of Council Meetings None 5. MAYOR'S REPORT a. The death of Vern Hornea, a sixteen year employee of the City was noted; services will be conducted on Wednesday at 2:00 p.m. at the Chapel of the Roses. b. Opening of East "H" Street was accomplished today. Action was taken on the opening of Otay Lakes Road, and Thursday's ceremonies commence the construction of the widening of Telegraph Canyon Road for the EastLake project. c. Library Fountain was dedicated last Friday, and Bob Sennett and Garry Williams on City's staff were congratulated for an excellent job. d. Opening of the Chula Vista Shopping Center was celebrated last Thursday; the actual construction and finished product is greater than the renderings protrayed. e. MOTION '~SUC (Cox/Malcolm) to direct staff to come back with a Resolution with Council's appreciation and acknowledgement for all the things the Sweetwater Union High School District, and the Chula Vista Elementary School District has been doing to address the problem of drugs. The Resolutions will be presented to them at their School District Meetings. f. Proposition A, Sales Tax Issue is bringing in revenue. Route 54 will probably be one of the highest priority projects to be constructed within the next 3 to 5 years. g. Receipt of a letter from ORCHIDS AND ONIONS advises that Chula Vista Nature Interpretive Center has been awarded an Orchid for Environmental Solutions. Because this letter was received after the Agenda was published, motion was made as follows: MOTION !ISUC (Cox/Nader) to put this letter from Orchids and Onions on this evening's Council Agenda for action. MOTION MSC (Cox/Nader) because this is an extreme honor for the City of Chula Vista and because Chula Vista has a Committee to review the proposals, that up to $400 be appropriated from the Contingency Reserve to allow the Committeemembers, Director Neudecker, Director of Planning Krempl, City Manager Goss, Pam Bucham, Robin Putnam and Paul Desrochers to attend the awards presentation if they so choose. (Councilwoman McCandliss voted no) ~INUTES ~ ll November l, 1988 h. Referral to staff the Newsracks at the corner of "H" and Broadway, if not already addressed. 6. COUNCIL COMMENTS OUNCILMAN NADER: a. In light of the item on tonight's agenda regarding speed limits, a report from staff would be desirable as to whether streets i subdivisions s City. b. Referring to the Proposition A discussion, the outline does not show Route 125 to be an easterly alignment. c. Drug Workshop follow-up pertains to parental education and the increasing difficulty to reach them other than the work place. If not already sent, the School Districts, Chamber of Commerce and Rohr should be invited to appoint representatives to communicate with City staff for an arrangement of a workplace oriented drug education program. d. This Council has made clear it expects to see Board or Commission Minutes in their packet when considering any item which involves Board or Commission consideration. iOUNCILMAN MALCOLM e. The majority of trees in Memorial Park were reported to be removed according to an approved Plan; it is requested that the Master Plan come back to Council if this report is correct. Mayor Cox mentioned that the Memorial Park Bowl was dedicated on October 17, 1939; since 1989 would be the Anniversary, it was suggested staff might want to focus the rejuvenation of the Bowl for that 50th celebration. SOUNCILWOMAN MCCANDLISS: f. Discussion centered on taking a position on Proposition 102, the AIDS reporting initiative, and the possibility of its being harmful in some areas where, if the law does remove the anonymous testing, people will not be tested at all. A second concern deals with contact tracing back 10 years. '40TION ISUC (McCandliss/Nader) to oppose Proposition 102. g. Street Sweeping Service was addressed, and a referral to staff was made to question the service, the monitoring of the service, and ways to improve the services; and to bring back this report before or at budget time for action. !INUTES - 12 November l, 1988 h. Mitigation on "J" Street was discussed and a response was in the Council Information section of their packet. Councilwoman McCandliss suggested that, if a report or letter is sent to into a Council Referral section to review very i lOTION 1SUC {Cox/Nader) to recess to Closed Session for the purpose of ~iscussing Personnel Matters after the Redevelopmerit Agency leeting which follows this Meeting. it 6:01 p.m. Council convened the ~r Meeting of the ~edevelopment Agency; and at 6:12 p.m., convened as City Council in Closed Session to discuss Personnel Matters. ~DjOURNMENT AT 7:05 p.m., to the Regular Meeting on Tuesday, ~ovember 8, 1988 at 7:00 p.m. Jennie M. Fulasz, CMC CITY CLERK