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HomeMy WebLinkAboutcc min 1988/11/08 CriY OF CHULA VISTA OFFICE OF THE GITY GLERK NOTICE OF SPECIAL MEETING The Regular Meeting of City Council on Tuesday, November l, 1988, adjourned at ~:05 p.m. to a SPECIAL MEETING IN CLOSED SESSION to be held on TUESDAY, NOVEMBER 8, 1988, BEGINNING AT 6:15 P.M. to discuss: Personnel Matters and Malcolm vs. Brooks The Special Meeting will be held in the Council Chamber, Public Services Building, 276 Fourth Avenue, Chula Vista, California, and will be followed by the Regular Meeting of Council scheduled for that date. ~u~ CM~C4~~ Dated: November 2~ 1988 1301C "1 declare under penalty of perjury that I am employed by the City of Chula Vista in the O.~fice of the City Clerk and that I posted this Agenda/Notice on the Bulletin Board at 276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5041 ~ special meeting was held by the City Council in Closed Session it 6:15 p.m. to discuss Personnel Matters and Brooks v. Malcolm. MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 'uesday, November 8, 1988 City Hall 7:02 p.m. Public Services Building ~OLL CALL ~RESENT: Mayor Cox, Councilmembers Nader, Malcolm, Moore and 1 McCand iss ~BSENT: None ~LSO PRESENT: City Manager Goss, Assistant City Manager Asmus, City Attorney Harron ~LEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES ~SC (Cox/McCandliss) to approve the Minutes for the Regular ~eeting of October 4, the Adjourned Meeting of October 27 and the ~egular Meeting of November 1, 1988. (Because of their absences from the following Meetings - Councilmember McCandliss abstained from the vote on the October 4 Minutes; Councilmember Malcolm abstained from the vote on the October 4 Minutes; and Souncilmember Moore abstained from the vote on the October 27 and !~ovember 1 Minutes.) ~. SPECIAL ORDERS OF THE DAY ~. APPOINTMENT OF MAYOR PRO TEMPORE ~SUC (Cox/Moore) to continue this item for one week. b. PROCLAIMING THE MONTH OF NOVEMBER AS "OPTIMIST YOUTH APPRECIATION MONTH" The Proclamation was read by Mayor Cox and accepted by Pancho Shank, President of the South Bay Optimist Club. Mr. Shank thanked Council for their support which is appreciated by the Club and the youth of Chula Vista. CONSENT CALENDAR (Items 3a 14) Pulled Items: 3b, 11 and 12. Item 7 is an appropriation item which necessitates a 4/5 vote; and Council concurred to change the staff recommendation for 3a. 4INUTES 2 November 8, 1988 ;OUNCILMAN MALCOLM OFFERED THE BALANCE OF THE CONSENT CALENDAR ~hich was read by title, the reading of the texts waived by Jnaninous consent and passed. (Councilmembers Nader and Malcolm /oted no on item 14.) 3. WRITTEN COMMUNICATIONS ~. REQUEST FOR REFUND OF DEPOSIT FOR MOBILEHOME RENT SPACE - R. C. Flaugher, llO0 Industrial Blvd., Chula Vista It. Carlos Melanio of Lloyd's Mobile Park sold his Mobile Unit in space A-3 and wrote on October 28 to Tom Kenny, Owner of the Park, to request refund of deposits. Reverend Flaugher, in his letter to Council on October 31, requested Council refer this request to the Mobilehome Issue Committee to use their influence to obtain the refund of deposit for Mr. Malanio. Council directed this )etter be referred to the Tenants Assistance Group for follow up. >. REQUEST FOR RECONSIDERATION OF ORDINANCE 2285 (ACCESSORY USE OF CHURCHES FOR HOMELESS Christian Churches of Chula Vista, c/o First Baptist Church, 494 E Street, Chula Vista 92010 ~ulled from the Consent Calendar. ~. RESOLUTION 13844 AMENDING AN AGREEMENT WITH METROPOLITAN AREA ADVISORY COMMITTEE FOR EXPENDITURE OF CITY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (Community Development Director) The outstanding balance of $48,320.43 results from the fact that letropolitan Area Advisory Committee (MAAC) did not hire a driver Jntil January 1988. Council directed staff to approve MAAC's request for an extension of their Agreement for an additional year ~nd that the remaining CDBG funds in the account be used during the current fiscal year. 5. RESOLUTION 13845 APPROVING HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ERICH AND PHYLLIS WILD WITH RESPECT TO NON-REMOVAL OF STORM DRAIN PIPE AT 67 SECOND AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works) The developer of the Hudson Valley Estates is obligated to remove and reinstall a storm drain system traversing the property located at 67 Second Avenue, which property is owned by Erich and Phyllis ~ild. An Agreement was reached to leave the pipe on the Wilds' 9roperty and the City is indemnified against any and all claims arising out of or in conjunction with the non-removal of the pipe. ~INUTES 3 November 8, 1988 Sa. RESOLUTION 13846 APPROVING CHANGE ORDER NO. 6 FOR THE CONSTRUCTION OF EARTHWORK AND GRADING, STREET, DRAINAGE, AND UTILITY IMPROVEMENTS FOR THE EXTENSION OF LAS FLORES DRIVE NORTH OF D STREET CONTRACT, EXTENDING CONTRACT TIME AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE CHANGE ORDER ON BEHALF OF THE CITY (Director of Public Works) b. RESOLUTION 13847 ACCEPTING PUBLIC IMPROVEMENTS - CONTRACT WORK FOR THE CONSTRUCTION OF EARTHWORK AND GRADING, STREET, DRAINAGE, AND UTILITY IMPROVEMENTS FOR THE EXTENSION OF LAS FLORES DRIVE NORTH OF D STREET c. RESOLUTION 13848 AMENDING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ALGERT ENGINEERING, INC. TO PROVIDE SURVEYING SERVICES FOR ASSESSMENT DISTRICT 85-1 (LAS FLORES DRIVE) A contract was awarded to Erreca's Incorporated for the extension of Las Flores Drive north of D Street in the amount of $1,196,970, which work has been completed. Council directed the agreement with Algert Engineering for surveying services be amended to compensate the consultant for additional survey work performed to complete the project, amounting to an additional $941.90. 7. RESOLUTION 13849 ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF STREET IMPROVEMENTS IN WALNUT DRIVE ADJACENT TO LOS MINOS PARK IN THE CITY OF CHULA VISTA AND APPROPRIATING FUNDS THEREFOR (Director of Public Works) Council awarded the contract to low bidder, ABC Construction Co., Inc. in the amount of $48,774.45 and directed staff appropriate $38,966.08 from the unappropriated reserves of Gas Tax Funds to Street Improvements Los HinDs Park Account. The project involves removal and disposal of existing improvements, excavation and grading, asphalt concrete paving, cross gutter, protection and restoration of existing improvements, traffic control, construction surveying, and other miscellaneous work shown on the plans. 8a. RESOLUTION 13850 ACCEPTING GRANT DEED TO CERTAIN REAL PROPERTY FROM BONITA RIDGE DEVELOPMENT COMPANY FOR OPEN SPACE, PUBLIC UTILITIES AND OTHER PUBLIC USES (Director of Public Works) b. RESOLUTION 13851 APPROVING ENCROACHMENT PERMIT NO. PE-125 FOR MONUMENT SIGNS AND WALLS IN CITY OPEN SPACE LOTS IN BONITA LONG CANYON UNIT NO.3 INUTES - 4 - November 8, 1988 onita Long Canyon Partnership applied for an encroachment permit o place four monument signs on walls in various locations within onita Long Canyon Unit No. 3. Because some of the walls encroach nto the City's open space lots, and some extend onto privately wned lots, the owners of the private lots propose to grant ortions of those lots to the City for open space purposes to llow the entire wall to be located on land under the same wnership. RESOLUTION 13852 DEDICATING CERTAIN REAL PROPERTY TO PUBLIC USE AND ACCEPTING FOR STREET PURPOSES AS PART OF SAID OTAY LAKES ROAD (Director of Public Works) 'he City has previously accepted fee title to: Lot 74 of Bonita Lidge Estates Unit No. 1, Lot L of Unit No. 4, and a portion of )uarter Section 18 adjacent to Bonita Haciendas Subdivision all n conjunction with approval of those subdivision maps granted to :he City for open space, public utilities and other public uses. ;t is now appropriate to dedicate the portions of these lots as lublic rights-of-way to facilitate construction and widening of )tay Lakes Road and to change their primary status to that of ~ublic right of way rather than open space. O. RESOLUTION 13853 ACCEPTING GRANT OF EASEMENT FROM ROBERT J. COSTELLO FOR STREET PURPOSES AT 582 ARIZONA STREET (Director of Public Works) 'he dedication will fill the need to have 4.5' to 5' of ~ight-of-way for future underground utilities. Council accepted ;he document granting the right of way and directed the City Clerk -ecord the documents. ~1. ORDINANCE 2287 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 - SECOND READING AND ADOPTION (Director of Plannning) >ulled from the Consent Agenda. 12. REPORT ON THE MATTER OF THE HASTINGS PROPERTY AND ADJACENT LANDS ON OXFORD STREET VIS AVIS THE MONTGOMERY SPECIFIC PLAN AND SPECIAL STUDY AREA (Director of Planning) 9ulled from the Consent Agenda. 13. REPORT PROPOSED IMPLEMENTATION OF A SECURITY LIGHTING PROGRAM IN HULA VISTA (DUSK TO DAWN LIGHTS) (Director of Public Safety) Pulled from the Consent Agenda. ~INUTES 5 November 8, 1988 14. REPORT RELEASE OF INFORMATION FROM CLOSED SESSIONS (City Attorney) Souncil accepted the City Attorney's recommendation to continue the current procedure rather than schedule periodic reviews of all the minutes and that closed session meetings not be taped nor provided public access for discussions. END OF CONSENT CALENDAR 15. ORAL COMMUNICATIONS None. PULLED ITEMS 3b. REQUEST FOR RECONSIDERATION OF ORDINANCE 2285 (ACCESSORY USE OF CHURCHES FOR HOMELESS Christian Churches of Chula Vista, c/o First Baptist Church, 494 E Street, Chula Vista 92010 Staff recommended that the Ordinance be adopted and its effect reviewed in six months. 11. ORDINANCE 2287 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 SECOND READING AND ADOPTION - (Director of Plannning) Council adopted Urgency Ordinance 2285 establishing an accessory use process to facilitate the use of churches as temporary shelters for the homeless and staff was directed to return with a permanent amendment within 90 days; Ordinance 2287 was placed on First Reading at the Meeting of November l, 1988. COUNCIL CONCURRED TO CONSIDER 3b AND 11 AT THE SAME TIME: Don Schock, Pastor of Calvary Chapel, 92010, referred to the request of Pastor Hensgen of the First Baptist Church and signed by the Pastors of other area churches. Pastor Schock reported a workshop was held at the City's Planning Department to consider zoning, rezoning and Conditional Use Permits in general. It was the belief of Pastor Schock that a Task Force would be set up to present the churches' recommendations to Council and to get Council's understanding so that "boundaries would not be overstepped" by passing an ordinance to regulate churches and the ministry. The Pastors would prefer to be allowed to work out the problem before regulations are adopted. Mayor Cox stated there is no problem setting up a Task Force to look at the issue but, in fairness to those churches who are anxious to start now, action should be taken to pass this ordinance. Councilwoman McCandliss referred to the amendments made to the Ordinance which gave definition to setting standards, and urged Council to meet after the holidays to provide input into amendments which may be made in the future. INUTES 6 November 8, 1988 S (Nader/Malcolm) that the Second Reading be continued to January 3, 1989. ouncilman Moore reported that "church business is community usiness", the structures were designed for meetings and not for ousing, and health and safety issues are involved - such as otential fire, community awareness and access all of which are ppropriate for governmental review. OTE ON THE MOTION otion failed. (Mayor Cox, Councilman Moore and Councilwoman cCandliss voted no.) RDINANCE 2287 OFFERED BY MAYOR COX and read by title, the reading f the text waived unanimously. The intent of Council is that rdinance 2287 be brought back to Council for a six month review nd is made a part of the motion. OTE ON THE MOTION !otion passed. (Councilmembers Nader and ~alcolm voted no.) iayor Cox reported that Churches have a vital and prominent role o provide services to the homeless in the South Bay and commends 11 those who express the desire to involve themselves in any way. ~SUC (Cox/Moore) to direct staff to set up a Workshop Forum after ~he first of the year to go over the Ordinance, to invite those !ho signed this letter, to send notice to other churches in Chula 'ista, and to come back with a report to the Council. 2. REPORT ON THE MATTER OF THE HASTINGS PROPERTY AND ADJACENT LANDS ON OXFORD STREET VISA VIS THE MONTGOMERY SPECIFIC PLAN AND SPECIAL STUDY AREA (Director of Planning) ;taff recommended Council refer the matter to the Montgomery qanning Committee for review of the Special Study Area in luestion to determine whether support continues for development of lark and civic facilities therein, and to request staff to study ~he area along Oxford Street for the feasibility of the Area's lethodical incremental purchase by the City for public park, · ecreation and civic purposes. ~oxie Ann Freeman, 634 Mariposa Circle, 92011, representing her lother, Thelma Hastings, reported that after finding a condominium so which her mother intended to move, it was discovered her >roperty (the subject of this item) could not be sold for levelopment of its present zoning since it is within the iontgomery Specific Plan. Ms. Freeman feels this is unfair sactics and requests Council allow this subject property to be ;old and be redeveloped in accordance with the existing underlying :oning. ~irector of Planning Krempl clarified that a buyer of the property :ould continue to use the property as a single family residence. In order to develop something contrary to the Specific Plan, the ~pplicant would have to process a Specific Plan Amendment. IINUTES 7 November 8, 1 988 ~ouncilman Malcolm after questioning learned Mrs. Hastings has :hosen not to proceed through the guidelines set up for everyone !lse because of the $1400 in fees that would be involved. lOTION IS (Malcolm/Moore) to direct staff to immediately refer to the lontgomery Planning Committee the question of (1) whether the City lants to continue the Park designation; and (2) whether the City ~as the money to have the Park, what the proper zoning ought to De, and a waiver of any fees to those in the project area who are ~eing held up on an inconsistency basis. ~l Piselli, 355 Oxford Street, stated that he heard of this ~ituation just today, is appalled, but now approves the motion as ~tated. ~DDITION TO THE MOTION ~Malcolm/Cox) to add to the motion that any property zoned for 3ark or City acquisition open space would have an automatic waiver ~f fees, and any other request can come to Council. Souncilman Nader requested the addition of a confidential report to members of the Montgomery Planning Committee and this Council :oncerning the likely desirability, feasibility and timing of any Sity acquisitions so that when they come to the Montgomery Planning Committee and Council, it will be evident how realistic the plans might be. 3etty Ward, 361-B Oxford Street, 92011, stated she has purchased a duplex, renting one-half, and is concerned she might be expected to move in the near future. VOTE ON THE MOTION AND THE ADDITION ~otion carried unanimously. 16. REPORT OF THE CITY MANAGER a. Introduction of David Palmer, Assistant Library Director, who was welcomed by the Mayor for Council. b. Scheduling of City Council meetings Board and Commission Banquet will be held on Thursday evening at 6:30 p.m., and on Friday. the 1988 Orchid Award Presentation will be held. 17. MAYOR'S REPORT a. Relocation of Public Health Facility building suggestion made by the Mayor to consider the old Handymans facility. MOTION MSC (Cox/Nader) to direct staff to sit down with the County staff to (1) see if it is possible to give financial assistance to the County to accelerate the relocation of the public health facility and (2) to seek, in consideration for that, the ability to expand some isolated and beneficial areas of redevelopment. INUTES 8 - November 8, 1988 b. Graffiti Problem - Councilman Nader, since the problem is growing in the City, suggested {1) to look into the Community Art Programs to use with graffiti control, to get the artists to replace the blank walls with murals, and (2) work with private citizens through neighborhood watch or other to explain the importance of graffiti control on private property and giving encouragement to paint over or wipe out gang-related graffiti. c. Arbor Day Ceremony Continued to the meeting of Nov. 15. d. Mayor/Supervisor Breakfast will be held on Monday at the Royal Vista Inn at 7:30 a.m. and features David Nielson of San Diego Sports Foundation. The specific site for the Olympic Training Center will be made on Saturday in Minneapolis which will be announced at the Breakfast Meeting. e. Senior Center Softball Tournament was attended and reported. f. Letter was sent to San Diego Council for the record concerning the options for Airport and Residential Development in Otay Mesa. 18. COUNCIL COMMENTS ~t 8:17 p.m., Councilwoman McCandliss left the dias. SOUNCILMAN MALCOLM: a. A Chula Vista gentleman was recently honored for saving the life of a number of individuals in the ocean and received an award for the feat. It was suggested that staff find out the name of this citizen in order for him to receive a Proclamation or resolution from Council. ~DJOURNMENT AT 8:19 p.m. to the Regular Meeting of Tuesday, ~ovember 15, 1988 at 7:00 p.m. Jennie M. Fulasz, CMC CITY CLERK J~rtune, CMC ~qEPUTY CITY CLERK