HomeMy WebLinkAboutcc min 1988/12/06 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, December 6, 1988 Council Chamber
4:00 p.m. Public Services Buildin9
ROLL CALL
PRESENT: Councilmembers McCandliss, Nader (arrived at 4:30
p.m.), Moore and Malcolm
ABSENT: Mayor Cox
ALSO PRSENT: City Manager Goss, Assistant City Manager Asmus;
City Attorney Harron
In the absence of Mayor Cox and Mayor pro tempore Nader, Actin9
Mayor pro tempore McCandliss chaired beginnin9 of the meeting.
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES
MOTION
MSC (Moore/McCandliss) to approve the Minutes for the Regular
Meeting of November 22, the Adjourned Meeting of November 29 and
the Special Meeting of November 29, 1988.
2. SPECIAL ORDERS OF THE DAY
a. RESOLUTION 13874 COMMENDING THE CHULA VISTA SCHOOL
DISTRICT ON ITS EFFORTS TO COMBAT
SUBSTANCE ABUSE IN THE CITY OF CHULA
VISTA (Mayor Cox)
b. RESOLUTION 13875 COMMENDING THE SWEETWATER UNION HIGH
SCHOOL DISTRICT ON ITS EFFORTS TO COMBAT
SUBSTANCE ABUSE IN THE CITY OF CHULA
VISTA (Mayor Cox)
Acting Mayor pro tempore McCandliss read the resolutions in their
entirely to emphasize the important efforts extended by the
schools to combat this abuse, which will then be presented to the
Chula Vista School District and the Sweetwater Union High School
District at their respective School Board Meetings.
c. Presentation of Trophies - Starli9ht Yule Parade was
sponsored by the Downtown Association, the Sweetwater Union
High School District and the City of Chula Vista. Mayor pro
tempore McCandliss presented the trophies on behalf of the
sponsors and complimented the participants on their
performance in the "best-attended" parade. The awards were
announced by Charlene Meenan, Events Coordinator for the
Downtown Business Association.
MINUTES 2 December 6, 1988
Awards were presented for Best-Lit Commercial Demonstration
(Glendale Federal and Paradise Valley Hospital), Best-Lit
Non-Commercial Demonstration (Gold Wing Tureen and National
City Girl Scout Service Unit Senior Troup 2051), Best-Lit
Walking or Marching Unit (Girl Scout Brownie Troup 5186 and
Cub Scout Pack 895).
CONSENT CALENDAR (Items 3a - 19)
Pulled items: 5, 7a and b, 9, 12, 15, 16, 18, and 19.
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMAN MALCOLM and
read by titles, the reading of the texts waived by unanmous
courtsent and approved.
3. WRITTEN COMMUNICATIONS
a. RESIGNATION FROM THE RESOURCE CONSERVATION COMMISSION - Peggy
Donovan, 243 James Street, Chula Vista 92010
Council directed staff to accept Mrs. Donovan's resignation and
to authorize the Mayor to send a letter of appreciation to her.
b. REQUEST TO PASS ORDINANCE TO STOP IMPROPER DISPOSAL OF
POTENTIAL DANGEROUS WASTE Susan Goldin9, Supervisor, Third
District, 1600 Pacific Highway, Room 335, San Diego
Council directed staff to study this request and to have
additional discussions with County staff as to this problem and,
if an Ad Hoc Medical Waste Review comittee is to be formed by the
County, any ordinance revisions should include not only advice
from the County Health Department but also input from such an ad
hoc committee.
c. REQUEST THAT PROPOSED RELOCATION OF FIRST AVENUE/COUNTRY CLUB
DRIVE NOT BE IMPLEMENTED - Mr. & Mrs. John Sheffield, 834
First Avenue, Chula Vista 92011
Council directed the Traffic Engineer to meet personally with the
Sheffields to discuss their concerns over the perceived hazardous
condition the trial relocation decision of the intersection of
First Avenue and Country Club Drive will have on their home.
d. COMPLAINT REGARDING ACCESSIBILITY TO CNULA VISTA SHOPPING
CENTER J.R. Cutler, 375 G St., Apt. B, Chula Vista 92010
Council direct Mr. Cutler's letter relating to Handicap spaces in
the revitalized Chula Vista Shopping Center be referred to staff
and that a report be made back to Council regarding the concerns
raised.
e. REQUEST FOR INVESTIGATION OF PAXTON'S TOWING CHARGE AND
REFUND OF $20.00 - Janet A. Schwabe, 801 Tamayo Drive #3,
Chula Vista 92010
MINUTES - 3 - December 6, 1988
Council directed the complaint against Paxton Towing be
acknowledged and that Janet Schwabe be informed that the time
stamp November 24 at 2:20 a.m. reflects the time of day that her
vehicle was impounded; not the time that her vehicle was released.
f. REQUEST TO PURCHASE PROPERTY FOR CONSTRUCTION OF OUTDOOR
ENTERTAINMENT FACILITY - Gordon L. Gerson, c/o Lorber, Grady,
Farley & Volk, Attorneys at Law, 701 B Street, Suite 600, San
Diego 92101-8102
Council directed Mr. Gerson's letter be referred to staff for
follow up in order to determine if the City has land that might
be considered appropriate for this intended use.
4. RESOLUTION 13876 RECITING THE FACT OF THE CONSOLIDATED
MUNICIPAL ELECTION HELD ON THE 8TH DAY OF
NOVEMBER 1988, DECLARING THE RESULT
THEREOF AND SUCH OTHER MATTERS AS ARE
PROVIDED BY LAW (City Clerk)
The consolidated Municipal Election had a voter turnout in this
City of 76.8%. The results were certified by the Registrar of
Voters on November 21, 1988 and documentation of the election
results will be sent to the Secretary of State for certification
as required for charter cities.
5. RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND THE SOUTH BAY ALCOHOL
RECOVERY SERVICES AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
/Community Development Director)
Pulled from the Consent Agenda.
6. RESOLUTION 13877 ADOPTING RELOCATION ASSISTANCE RULES AND
REGULATIONS FOR THE CITY OF CHULA VISTA
(City Attorney)
Government Code Section 7267.8 requires all public entities to
adopt rules and regulations to implement payments and tQ
administer relocation assistance when they exercise the power of
eminent domain. The proposed rules and regulations will comply
with state law.
7a. RESOLUTION APPROVING NOTICE TO COX CABLE SAN DIEGO
OF A "RENEGOTIATION INTERVAL" PURSUANT TO
SECTION 3(B)I1) OF THE FRANCHISE
AGREEMENT IDirector of Finance)
b. REPORT REGARDING COMPETITION AMONG CABLE
TELEVISION OPERATORS AND THE ISSUE OF
EXCLUSIVE CONTRACTS (Director of
Finance/City Attorney)
Pulled from the Consent Agenda.
MINUTES 4 December 6, 1988
8. RESOLUTION AUTHORIZING COMPENSATION FOR MEMBERS OF
THE BOARD OF THE SAN DIEGO SERVICE
AUTHORITY FOR FREEWAY EMERGENCIES (SAFE)
(Principal Management Assistant)
At its October 25, 1988 meeting, Council referred to staff a
written communication from Leon L. Williams, Chairman of the San
Diego Service Authority for Freeway Emergencies (SAFE) requesting
the City's support by resolution of the reimbursement of "actual
and necessary expenses" incurred in the discharge of Board
members' duties. Recent legislation allows city councils and
boards of supervisors to authorize compensation and reimbursement
of expenses, within certain parameters, for members of the
service authority. Council approved the staff recommendation of
$100 per meeting. There will be no cost to the city as a result
of this action.
9. RESOLUTION APPROPRIATING FUNDS FOR THE PREPARATION
OF AN ENVIRONMENTAL IMPACT REPORT FOR THE
LOWER SWEETWATER VALLEY GENERAL PLAN
AMENDMENT, ZONINGS, REZONINGS AND
EVENTUAL DEVELOPMENT OF THE PROPERTY
(Director of Planning)
Pulled from the Consent Calendar.
lOa. RESOLUTION 13879 APPROVING FINAL MAP OF CHULA VISTA TRACT
84-7, EASTLAKE BUSINESS CENTER, UNIT
NO. 2 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
CO~PLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT (Director
of Public Works)
b. RESOLUTION 13880 APPROVING INDEMNIFICATION AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND
EASTLAKE DEVELOPMENT COMPANY REGARDING
EROSION, SILTATION AND/OR INCREASED FLOW
OF DRAINAGE AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (Director of
Public Works)
On March 19, 1985, the City Council approved the Tentative
Subdivision Map for Chula Vista Tract 84-7. The Final Map and
associated items for Unit 2 of said Tentative Map are now before
Council for approval. The developer has complied with all
applicable conditions of approval including the requirement that
the developer enter into an agreement by which the developer
agrees to indemnify the City against claims resulting from
erosion, siltation and/or increased flow of drainage arising out
of the development of subject property.
MINUTES - 5 - December 6, 1988
lla. RESOLUTION 13881 APPROVING AGREEMENTS WITH GEORGE T.
SIMPSON, WILLDAN ASSOCIATES, BROWN AND
DIVEN, AND KADIE-jENSEN AND JOHNSON FOR
CONSULTING SERVICES ASSOCIATED WITH THE
WIDENING OF OTAY LAKES ROAD UNDER THE
"MUNICIPAL IMPROVEMENT ACT OF 1913" OR
"THE COMMUNITY FACILITIES ACT OF 1982"
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS (Director of Public Works)
b. RESOLUTION 13882 APPROVING A REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND
RANCHO DEL REY PARTNERSHIP COVERING FUNDS
FOR ALL INITIAL CONSULTING AND
ADI~INISTRATION COSTS AND EXPENSES
ASSOCIATED WITH THE WIDENING OF OTAY
LAKES ROAD, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT FOR AND ON BEHALF
OF THE CITY OF CHULA VISTA (Director of
Public Works)
The Rancho del Rey Partnership has requested the City to initiate
proceedings under the State 1913/15 Acts or the Community
Facilities Act of 1982 to finance the widening of Otay Lakes Road
from East H Street to Bonita Road.
In addition, the Rancho del Rey Parnership has signed an
agreement providing for the advance of funds to pay for all
initial consulting, City administraton and appraisal expenses
related to the formation of a public financing district subject
to reimbursement by the City. The Rancho del Rey Partnership has
deposited $118,500 to fund initial consultants and City costs
including an appraisal of the property to be assessed.
12. RESOLUTION ACCEPTING CONTRACT WORK FOR REPLACEMENT
OF EXISTING SIDEWALKS AND DRIVEWAYS AND
REMOVAL OF STREET TREES ALONG THE 1100
BLOCK OF HILLTOP DRIVE IN THE CITY OF
CHULA VISTA AND ASSESSING LIQUIDATED
DAMAGES (Director of Public Works)
Pulled from the Consent Agenda.
13. RESOLUTION 13883 AUTHORIZING A RECORDS DESTRUCTION
PROCEDURE FOR POLICE RECORDS (Director of
Public Safety)
The Police Department has determined that there needs to be a
standardized records retention policy. Many records that are no
longer required to be retained have been accumulating requiring
additional space to save them. The Government Code (34090)
allows a department head to destroy certain City records and
documents without duplication with a Council resolution and the
Attorney's written consent.
MINUTES 6 December 6, 1988
14. RESOLUTION 13884 ADOPTING CALIFORNIA PENAL CODE
REQUIREMENTS FOR PUBLIC SAFETY DISPATCHER
SELECTION AND TRAINING (Director of
Public Safety)
The State has established a program for standardizing selection
and training of Public Safety Dispatcher. Cities accepting these
standards will be reimbursed by the State for training programs
for their dispatchers, which will have no impact on the City's
current operating procedures.
15. ORDINANCE AMENDING SECTION 10.28.090 OF THE CHULA
VISTA MUNICIPAL CODE REGULATING
SKATEBOARD USE WITHIN THE CITY OF CHULA
VISTA - FIRST READING (Director of Public
Safety)
Pulled from the Consent Agenda.
16. REPORT REGARDING A SHORTAGE OF LIBRARY PATRON
PARKING SPACES AT THE CHULA VISTA PUBLIC
LIBRARY/Director of Public Works)
Pulled from the Consent Agenda.
17. REPORT ON LIBRARY SERVICES TO THE
MONTGOMERY/OTAY AREA EFFECTIVE 7/1/89
IPrincipal Management Assistant)
Council directed a request to the County to detach the Montgomery
property from the County Library District and name Chula Vista as
the successor agency and to allow the current contract to
expire. Staff was further directed to prepare for a phase-in of
City operated library services at the existing branch locations
and service levels to begin July 1, 1989.
18. REPORT REQUEST FOR 6-FOOT HIGH WALL IN FRONT
SETBACK AREAS FOR HOMES FRONTING ON
THOROUGHFARE ROADS (Director of Planning)
Pulled from the Consent Agenda.
19. REPORT COST TO PROVIDE SEVEN-DAY-PER-WEEK DEAD
ANIMAL PICKUP (Director of Public Safety)
Pulled from the Consent Agenda.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
Councilman Malcolm reported his intent to vote no on item 20, and
against the Precise Plan on item 21 and, in the interest of
fairness, suggested the applicant may prefer to continue the
items because of the absence of two members of Council.
Applicant Richard D. van Riter Jr., representing the Soup
Exchange, asked to be heard this evening.
MINUTES - 7 December 6, 1988
20. PUBLIC HEARING CONSIDERATION OF COASTAL DEVELOPMENT
PERMIT NO. 031A FOR SOUP EXCHANGE
IDENTIFICATION SIGNS AT 285 BAY BOULEVARD
(Director of Community Development)
RESOLUTION 13885 ISSUANCE OF COASTAL DEVELOPMENT PERMIT
#31A FOR SOUP EXCHANGE IDENTIFICATION
SIGNS AT 285 BAY BOULEVARD
MOTION
MSC (McCandliss/Malcolm) to trail the public hearing for item 20
to the end of this meeting.
At 4:30 p.m., Acting Mayor pro tempore McCandliss turned over the
gavel to Mayor pro tempore Nader who took his seat on the dais.
This being the time and place as advertised, the public hearing
was declared open.
Director of Community Development Desrochers reported the owner
of the Soup Exchange restaurant, located at the northeast corner
of Bay Boulevard and "F" Street, has submitted a Coastal
Development permit application for the installation of business
indentification signs. The proposal includes a canopy sign, a
monument sign and a freestanding freeway sign. Staff recommends
Council find that the proposed signs are consistent with the
policies of the certified Chula Vista Local Coastal Program and
issuance of Coastal Development Permit No. 31a. For comparison
Director Desrochers also reported on the types of signs now
present along Bay Boulevard.
Councilman Malcolm addressed the "two-year time limit" for the
sign and the history of extending the time limit for existing
signs in this area.
Richard D. van Riter Jr., 2270 Boundary Street, San Diego,
representing the Soup Exchange, stated the need for the sign to
bring the people off the freeway. After development occurs in
the area, Mr. van Riter expressed no problem with removal of the
proposed sign.
There being no others to speak for or against this item, the
public hearing was closed.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS and read by title,
the reading of the text waived by unanimous consent.
Mayor pro tempore Nader questioned if any thought had been given
to one sign to incorporate all of the businesses in the area, and
Director Desrochers reported that this had been tried at the
northern property line. The sign was considered a billboard in
violation of CALTRANS' policy and had to be removed. Councilman
Malcolm recalled when the property was sold to bring in a
restaurant the applicant was told freeway signs would not be
allowed.
MINUTES 8 December 6, 1988
Mayor pro tempore Nader clarified that the resolution requires
the signs to be removed in 1989; staff recommended the resolution
be amended and the time be extended to 1990.
VOTE ON THE RESOLUTION
Motion passed. (Councilman Malcolm voted no.)
FOLLOW UP MOTION
MSUC {Nader/Malcolm) to direct staff to come back with a report
on the possibility of erecting a sign to appropriate standards in
compliance with CALTRANS' policy that would consolidate
advertising availability of these businesses and that the sign
would replace the present individual signs; and to state that
this be incorporated into the Local Coastal Permit process and
that such a report be presented to Council at or before any
extensions on existing signs are requested.
21. PUBLIC HEARING PCS-89-2 AND P-89-1: CONSIDERATION OF
TENTATIVE SUBDIVISION MAP AND PRECISE
PLAN FOR RANCHO DEL REY UNIT llb, CHULA
VISTA TRACT 89-2 {Director of Planning)
a. RESOLUTION APPROVING THE TENTATIVE MAP FOR RANCHO
DEL REY UNIT llb, CHULA VISTA TRACT 89-2
b. RESOLUTION APPROVING PRECISE PLAN FOR RANCHO DEL REY
UNIT llb, CHULA VISTA TRACT 89-2
MOTION
MSC {McCandliss/Malcolm) to continue the public hearing for item
21 to the Meeting of December 13.
22. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-89-17:
REQUEST TO ESTABLISH SOUTH BAY COMMUNITY
SERVICES AT 590 G STREET CHULA VISTA
REDEVELOPMENT AGENCY {Director of
Planning)
a. RESOLUTION 13886 APPROVING CONDITIONAL USE PERMIT
PCC-89-17 TO ESTABLISH SOUTH BAY
COMMUNITY SERVICES AT 590 G STREET
b. REPORT ON THE RELOCATION OF SOUTH BAY COMMUNITY
SERVICES {Community Development Director)
This being the time and place as advertised, the public hearing
was declared open.
Addressing the Resolution (a), Director of Community Development
Desrochers reported the Redevelopment Agency requested the
relocation of the South Bay Community Services from their present
location at 429 Third Avenue to an existing commercial office
building at 590 "G" Street. The Agency has purchased the Third
Avenue property for the construction of the administrative
offices of the Sweetwater Union High School District, and is
responsible for relocating the existing tenant to comparable
accommodations.
MINUTES 9 December 6, 1988
Addressing the Report (b), Director of Community Development
Desrochers reported the Redevelopment Agency, which acquired the
building at 429 Third Avenue in December 1986, has relocated two
of the three tenants. The South Bay Community Services (SBCS)
proved to be more difficult to relocate because of their specific
location and building requirements, and has entered into a lease
for the property located at 590 G Street pending approval of a
Conditional Use Permit and Agency funding of tenant
improvements. An Agency-hired architect has prepared a floor
plan, preliminary cost estimate and other plans required for
processing the CUP. This item is to consider the estimated cost
of the relocation and to determine whether the architect should
be authorized to prepare final plans and specifictions for the
tenant requirement and for bidding. Staff recommended approval.
Councilman Malcolm addressed the request for approval on the land
use only for a move that, without funding, would be impossible
and questioned whether the City should invest money into such an
old building at this location. City Manager Goss reported that
the Agency will need to look at the financial aspects of this and
cited the number of constraints involved. Director of Community
Development Desrochers reported the purchase versus lease option
has not been reviewed and that the move involves almost $70,000
for the move with a five year option.
Heidi Becker, Regional Manager of Sea Property Management
Company, who has responsibility for the lease, and Katherine
Lembo, Director of South Bay Community Services, stated their
presence to answer questions.
There being no others to speak either for or against this item,
Acting Mayor pro tempore McCandliss declared the public hearing
closed.
COUNCILMAN MALCOLM OFFERED THE RESOLUTION which was read by
title, the reading in its entirety waived by unanimous consent
and approved. (Mayor pro tempore Nader out; Mayor Cox absent)
23. ORAL COMMUNICATIONS None.
PULLED ITEMS
5. RESOLUTION 13887 APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND THE SOUTH BAY ALCOHOL
RECOVERY SERVICES AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
(Community Development Director)
South Bay Alcohol Recovery Services was granted $22,000 in the
City's FY 1988-89 Community Development Block Grant (CDBG)
budget. Funds are to be used to establish a new assistance
center for substance abusers in the Montgomery area of Chula
Vista and the agreement establishes terms for the social service
agency's use of City CDBG funds.
MINUTES - lO December 6, 1988
Councilwoman McCandliss urged support of the project but
addressed a possible "artificial" standard for the expenditure of
funds. It was requested, when this item is brought back for
funding in the next budget year, that the Agency is aware of this
concern.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS and read by title,
the ~eading of the text waived by unanimous consent and approved
unanimously.
7a. RESOLUTION 13888 APPROVING NOTICE TO COX CABLE SAN DIEGO
OF A "RENEGOTIATION INTERVAL" PURSUANT TO
SECTION 3(B)(1) OF THE FRANCHISE
AGREEMENT (Director of Finance)
b. REPORT REGARDING COMPETITION AMONG CABLE
TELEVISION OPERATORS AND THE ISSUE OF
EXCLUSIVE CONTRACTS (Director of
Finance/City Attorney)
In December of 1984, Chula Vista and Cox Cable San Diego entered
into a new Franchise Agreement making significant changes to the
Agreement entered into in 1964. This is the first opportunity
for a "renegotiation interval" under the current Franchise
Agreement. If there is to be an extension of the term of the
Agreement for an additional five years, then it must be done as a
result of a renegotiation process. If agreement cannot be
reached during the "renegotiation interval", then the term will
not be extended.
Martin Altbaum, President of Chula Vista Cable, 581 "C" Street,
reported a situation in the report regarding exclusive contracts
which can be obtained by a cable company from an apartment owner
which is perfectly legal. The situation, however, is rare in
this City because a cable company is charging different rates and
alleged to be "discriminatory" which results in people in the
same neighborhoods paying different rates. Mr. Altbaum offered
it would be in the City's best interest to at least not
discriminate with the rates.
Councilman Malcolm reported his disagreement with forcing the
contracts on apartment owners for use by the tenants; in the long
term everyone will lose out. It is agreed by all that there is
nothing the City can do; the Federal Government is now in
control. City Attorney Harron reported that the cable companies
are very powerful and worked through the Federal Government to
get the legislation they wanted which took local cities out of
rate regulation. The only recourse would be to turn to the
legislators and ask for intercession with the Federal
Communications Commission.
RESOLUTION OFFERED BY COUNCILMAN MOORE and read by title, the
reading of the text waived by unanimous consent and approved
unanimously.
MINUTES - ll December 6, 1988
MOTION
MS (Nader/McCandliss) to direct staff to seek to negotiate terms
regarding the disclosure of agreements and the terms on which
service is provided and equal access to service from a Consumer
Protection standpoint, leaving alone what the rates actually are.
Councilmembers discussed and concurred that the hiring of a
consultant for the renegotiation process is contained within the
approved resolution but the approval does not authorize an
additional report as outlined in the motion on the floor.
Director of Finance Christopher confirmed that acceptance of the
report included the intention that if the issue of competition
was pursued, this would be in conjunction with the hiring of the
consultant just discussed.
MOTION
~tSUC IMcCandliss/Nader) to accept the report.
9. RESOLUTION APPROPRIATING FUNDS FOR THE PREPARATION
OF AN ENVIRONMENTAL IMPACT REPORT FOR THE
LOWER SWEETWATER VALLEY GENERAL PLAN
AMENDMENT, ZONINGS, REZONINGS AND
EVENTUAL DEVELOPMENT OF THE PROPERTY
(Director of Planning)
The Planning Commission, at their meeting of September 28, 1988,
determined that an Environmental Impact Report (EIR) should be
prepared to evaluate the proposals for various General Plan
amendments, zoning, rezoning changes, and development proposals
for the area south of the Sweetwater Flood Control Channel and to
the east of North Second Avenue. The discretionary actions
involve a combination of public and private initiatives. After
discussion with several environmental consulting firms, it was
determined that the cost of preparing the document would be in
the $25,000 to $30,000 range. The City's share of this cost
would be about $21,600 with a private developer responsible for
the remaining balance of approximately $8,400. Staff recommended
$21,600 be appropriated from the unencumbered General Fund for
the preparation of environmental documents for the lower
Sweetwater Valley GPA/zoning.
Councilman Moore's question, answered by Director of Planning
Krempl stated the basis of the percentage of investment was based
on acreage and that the application included the KOA and the Ross
property, which private properties were included although the
owners did not wish to participate. Councilmembers discussed the
issue of proportionate cost and City Attorney Hatton confirmed
that the City is the proponent; the private parties have no
interest in gging ahead and, therefore, the City cannot force
them to share in the cost.
RESOLUTION OFFERED BY COUNCILMAN MOORE and read by title, the
reading of the text waived by unanimous consent.
MINUTES - 12 December 6, 1988
Councilman Malcolm referred to two sets of funds Redevelopment
Area funds used for the development of low and moderate income
housing and the General Funds which pays for police and other
services to the public. This item requests money to be
appropriated from the General Funds; the Redevelopmerit Agency
bought the property to be used for an express intent to develop
low and moderate income housing.
MOTION
MSUC (Malcolm/Nader) to refer this item to the Redevelopmerit
Agency Agenda.
Mayor pro tempore Nader referred to the meeting when Father Joe
Carroll proposed this site for a project for the homeless, staff
was directed to draw up a list of potential alternate sites,
which list was not submitted to the Planning Commission. His
expectation was stated that the list would be presented as backup
for this item on the Agency Agenda.
12. RESOLUTION ACCEPTING CONTRACT WORK FOR REPLACEMENT
OF EXISTING SIDEWALKS AND DRIVEWAYS AND
REMOVAL OF STREET TREES ALONG THE llO0
BLOCK OF HILLTOP DRIVE IN THE CITY OF
CHULA VISTA AND ASSESSING LIQUIDATED
DAMAGES (Director of Public Works)
Due to a conflict between the contractor and his subcontractor,
the removal of the roots within the parkways was not accomplished
as specified in the contract. Silver Strand Contractors
personnel completed the root removal portion of the Contract. A
final inspection was made on October 28, 1988 and all work was
found to be completed in substantial compliance with the contract
plans and specifications and to the satisfaction of the City
Engineer.
Henning Hansen, 1128 Hilltop Drive, expressed his pleasure that
Council will include the area on the December lOth Tour and
stated his displeasure with the project which he considered to be
"below standard, cheap and shoddy."
MOTION
MSUC (Nader/Moore) to continue this item to the Council Meeting
of December 13 and to place it on the City Council Tour on
Saturday, December 10, and direct staff to contact Mr. Hansen for
a time certain for himself and others in the neighborhood for a
dialogue on the spot.
15. ORDINANCE AMENDING SECTION 10.28.090 OF THE CHULA
VISTA MUNICIPAL CODE REGULATING
SKATEBOARD USE WITHIN THE CITY OF CHULA
VISTA - FIRST READING (Director of Public
Safety)
MINUTES 13 - December 6, 1988
These amendments are designed to assist in prohibiting the use of
skateboards within any privately owned property without the
written permission of the property owner.
Councilman Moore stated that item B in the ordinance should be
more explicit to be more easily understood by the public and to
specify areas such as City Hall where chips are found on the edge
of the steps and the fountain, obviously caused by skateboards.
Temporary signage of the areas was also suggested.
MOTION
lIS (Moore/McCandliss) that Section I, paragraph B of the
ordinance include (1) more explicit and specific areas where
people assemble and 12) in places such as City Hall and parking
structures and other areas where people -congregate and where
serious damage has been noted, that staff be directed to install
signage, and to bring back the ordinance for second reading.
Councilwoman McCandliss stated concern that the City Hall, etc.
be cited only for an example; Director of Public Safety Winters
suggested "Civic Center" to include the present problem with
bicyclists as well. Councilman Malcolm referred to par. A of the
ordinance and questioned just where the business district exists
in the City. Councilmembers discussed the language further and
the desirability of having a specific and enforceable law on the
books.
SUBSTITUTE MOTION
MSUC /McCandliss/Nader) to refer the proposed ordinance back to
staff to incorporate the concerns of Council and to bring it back.
Councilwoman McCandliss and Mayor pro tempore Nader clarified the
motion included Councilman Moore's comments concerning his
amendment, posting of the areas and clarity of the specific areas
covered.
16. REPORT REGARDING A SHORTAGE OF LIBRARY PATRON
PARKING SPACES AT THE CHULA VISTA PUBLIC
LIBRARY (Director of Public Works)
Staff recommended the implementation of Library Phase I parking
improvements to (a) establish a two hour time limit parking in
the Library parking lot with parking stickers provided to
employees and volunteers; /b) convert Davidson Street to a
one-way eastbound street between Fourth Avenue and Garrett Avenue
to create 25 parallel parking spaces along Memorial Park
frontage; (c) install 16 angle parking stalls adjacent to the
Library entrance; (d} remove the "no parking" zone on "F" Street
west of Fourth Avenue adjacent to the Public Works building for
the purpose of creating eight street parking spaces; and (e)
reevaluate the situation in six months with a recommendation of
further alternatives if parking is still not adequate.
MINUTES 14 December 6, 1988
Eugene C. Duhamel, 229 Glover AVenue, 92010, represented his
tenants and stated disagreement with making Davidson a one-way
street, but presented an alternate solution for this crowded
area. Mr. Duhamel proposed that the area along Garrett Avenue
from the palm trees to Davidson lan area presently used for a do9
run) would provide 144 spaces for a parking lot in which parking
meters should be placed as well as the 15 spaces provided for
Library staff. Money from the meters throughout this parking lot
would be recouped within 20 months, the cost of providing these
additional spaces.
Suzanne Jung, 600-15 Sheffield Court, 92010, an employee of the
Library, stated opposition to street parking because of the late
hour departures of some of the Library staff, stating that the
quality of work life is important and anxieties lead to poor
morale. The Library employees look to the employer for safe
parking for staff and volunteers.
A statement of Jim Fergus, 385 3rd Avenue, representing the
Downtown Merchants' Association, was read by Mr. Gray which
stated the possible resultant effect of the additional
automobiles in a cramped area along with the existence of the
Social Security Office, and that the extra burden will adversely
affect business in the Downtown area.
Allen L. King, 601 Myra Avenue, 92010, retired Navy Commander and
husband of a Library employee, related his experiences walking
many employees to their cars in the evening when he comes to pick
up his wife. Mr. King referred to the popularity of the second
highest rated library in the County, the caliber of its
employees, and the need for the City to reward quality employees
by allowing the staff to enjoy reserved parking spaces.
Maureen Shannon read a letter from Sue Brown, 842 Grisson Street,
92154, President of the Chula Vista Employees Association, which
stated support of the report and in favor of parking stickers for
employees in the lot. If Council does preclude the employees
from the parking lot, the Association will be available for "meet
and confer" negotiation as it is a change in working conditions.
Nora McMartin, 4075 Carmel Springs Way, Del Mar 92130, employee
of the Library and Member of the Quality of Work Life Committee.
Since the Committee has made a commitment and established parking
as one of the first ten subjects to be addressed, it is suggested
that the report be approved and submitted to provide an increment
approach to the solution of Library parking problem, and that the
entire City staff's parking problems be examined.
Pirumalesa Duvvuri, 641 Windsor Circle, 92010, parent of a
Library employee, expressed his concern for all the Library
staff, most of which are women, and a requirement should be made
to provide safe parking to protect them from the dangers of the
street.
MINUTES - 15 December 6, 1988
Jorge F. Castillo, 244 "H" Street, 207, 92010, representing the
employees of the Library, offered his support and urged Council
approve the Report which will provide a reasonable solution and
additinal parking spaces for patrons.
William McBreen, 1650 Point Sal Court, Chairman of the Library
Board of Trustees, reported the Board's agreement of time limit
(preferably two hour) parking time zone throughout the parking
lot but the Board is not in agreement with staff using the lot.
Mr. McBreen cited patrons not being able to find parking, use of
the lot by those who are not visitors to the Library, and that
the perils of the street are faced by all. He added the Library,
as any business, should not let employees occupy the parking
spaces designed to attract customers and urged that the City
start construction of a new parking lot to accommodate all.
Sue Miller, Library Board of Trustees Member since 1982,
explained the position of the Board's concern realizing that the
parking problem needs to be solved in some way, and suggested
that Council may have to appropriate money to provide parking for
the patrons of the Library.
MOTION
MS (Malcolm/Nader) to accept the following Recommendations: a. -
to establish a two-hour time limit parking in the Library Parking
lot with parking stickers provided to Library employees and
volunteers; c. to install 16 angle parking stalls adjacent to
the Library entrance, and e. - to reevaluate the parking
situation in six months with recommendation of further
alternatives if parking is still not adequate; and to have the
report come back to the Library Board of Trustees, City staff and
City Council at that time.
Councilmembers discussed the 16 angle parking, the design of the
compact spaces which are narrow but designed to Code and the
suggested need for a metered parking lot.
AMENDMENT TO THE MOTION
M (Nader) to make the time limit to three hours. (Motion died
for the lack of a second.)
VOTE ON THE MOTION ON THE FLOOR
Motion passed unanimously.
r~OTION
MSUC (Moore/Malcolm) to incorporate in the Budget the revamping
of the parking lot similar to Phase 2 in the staff report.
Councilman Moore stated that the input received at this meeting
changed his intended recommendation and it is now clear that the
consumer's needs are equal to the employees' needs. Councilwoman
McCandliss requested staff to look at the turning radius when
parking is designed and also emphasized she would never vote to
take away the City's parklands.
MINUTES 16 - December 6, 1988
18. REPORT REQUEST FOR 6-FOOT HIGH WALL IN FRONT
SETBACK AREAS FOR HOMES FRONTING ON
THOROUGHFARE ROADS (Director of Planning)
The report is in response to a letter from Walter Barton, 9 "L"
Street who cited traffic noise problems and requested
consideration of amending or supplementing the Municipal Code to
allow citizens to construct walls in the front setback areas to
provide a useful, safe front yard area for children. Staff
recommended no change to the Municipal Code.
Walter H. Barton, 9 "L" Street, 92011, referred to his previous
address to Council indicating staff failed to address Council's
direction to review the Municipal Code as it pertains to streets
in residential areas which exceed the noise level. The submitted
report, however, did confirm there is a noise problem both inside
a~d outside the house and the issue now exists in the health and
welfare of the residents in this area. Mr. Barton finds staff's
recommendations evasive and costly; he has confirmed with the
County of San Diego and CALTRANS and other cities in the State
all of whom agree and in some cases are required to build the
wall for the residents. Mr. Barton asked permission to allow the
residents of this area to build a noise-abatement wall at their
own expense and urged Council to reject the report.
MOTION
MS (Moore/Nader) to refer the report back to Staff and ask for
another report to include streets and major arterials in the City
that have been widened due to growth and to give choices to
Council.
ADDITION TO THE MOTION
(Nader/Moore) to include in the motion that a draft ordinance
come back with an explanation of the criteria.
Councilwoman McCandliss requested a copy of Mr. Barton's letter
to come back with the report.
VOTE ON THE MOTION AND ADDITON TO THE MOTION
Motion passed unanimously.
19. REPORT COST TO PROVIDE SEVEN-DAY-PER-WEEK DEAD
ANIMAL PICKUP (Director of Public Safety)
Police Department recommended the dead animal pick-up program
continue to operate under its existing staffing and funding
levels. The Animal Shelter is closed after 3:00 p.m. on Saturday
and all day Sunday, at which time Peace Officers or Community
Service Officers decided at the scene whether the situation is
"emergency" or "non-emergency"
Councilwoman McCandliss questioned the action when two holidays
(Sunday/Monday) occur and Director of Public Safety confirmed
that the second holiday would be treated as a Sunday.
MINUTES 17 - December 6, 1988
MOTION
MSC (McCandliss/Moore) to accept the report and refer the
question of a 7-day week animal pick up be added to the Budget.
(Mayor pro tempore Nader voted no.)
24. CITY MANAGER'S REPORT
a. Scheduling City Council meetings - Reminder given of the
Joint Meeting with the Board of Ethics on Thursday at 7 p.m.
and the Council Tour on Saturday at 8:00 a.m. Additionally,
Southwestern College will be presenting a Jazz Festival at
7:00 p.m. on Monday, December 12.
25. MAYOR PRO TEMPORE REPORT
a. Gangs - Request was received from a citizen who felt her
children are being intimidated by gang activity in local
schools.
MOTION
MSUC (Mader/Malcolm) to direct staff to docket the item of gang
education and community gang activity on the Agenda for the
January Joint Meeting with the School Districts, and to direct
staff to bring back to Council its assessment and plan for
combating the gang problem in this community.
b. Information Components for Thresholds Referral to Growth
Management Oversight Committee
Southwestern College's seminar on border issues was attended
and reported upon, at which a gentlemen from the Water
Authority spoke. Statements were made to suggest water will
be available in the future but the cost would be
exhorbitant. The Current Growth Management Thresholds does
not have a "cost" component.
MOTION
MSC (Nader/McCandliss) to refer to the Growth Management
Oversight Committee the question of building a cost component
into the thresholds and to bring a recommendation back to Council
from the Committee and from staff with appropriate ammendments to
the ordinance. (Councilman Moore voted no)
Councilman Moore explained his vote because of opposition to the
system of the referral to a committee rather than to the staff
which has the expertise.
c. Referring to the Council Information report on oil burning at
the San Diego Gas & Electric power plant, it was proposed
that since a State Agency monitors this information, staff
would not collect the pollution information because of time
constraints. Because of complaint from citizens in the
neighborhood of this pollution, City Manager Goss was
requested to add this issue to staff's scope of
information-collection.
MINUTES - 18 December 6, 1988
d. Rodent Survey - Council previously authorized staff to train
certain employees to implement this service and it was
questioned whether this has been accomplished. City Manager
Asmus reported that a complete report will be presented to
Council relative to the very successful program which is now
underway.
26. COUNCIL COMMENTS
COUNCILWOMAN MCCANDLISS:
a. MTDB Youth Fare - Councilwoman McCandliss urged that young
people be encouraged to use public transit.
MOTION
MSUC (McCandliss/Moore) that Council approve in concept the
policy of maintaining, not only a youth pass but a youth cash
fare and directed Councilwoman McCandliss, as Metropolitan
Transportation Development Board (MTDB) Member, to carry this
message to the MTDB Meeting.
COUNCILMAN MALCOLM:
b. Recommendation to Redevelopmerit Agency regarding regular
meetin9 dates Councilman Malcolm requested the Agency
schedule the second meeting of the month on a day other than
the third Thursday of the month since it conflicts with his
Coastal Commission meetings.
e. E Street Hotel Site The contract entered into a number of
years ago should be reviewed, to include whether or not the
contract can be terminated since the proposal is possibly not
current.
MOTION
MSUC (Malcolm/McCandliss) to schedule a report updating the
status of the contract with the City for the E Street Hotel Site
and to schedule on the Agenda for the appropriate body.
f. Support of Resolution Authorizing Condemnation Proceedings
against San Diego Gas & Electric (SDG&E) - the draft
resolution was read in its entirety which stated the public
necessity of acquisition of all properties within the City
owned by SDG&E for the purpose of generating and transmitting
electric and gas energy to the citizens and to declare the
intent of the City to enter into agreements with other cities
to jointly accomplish such acquisition.
Councilman Malcolm reported on the history of the SDG&E Board
of Directors over the past few months to this date which
predetermined the potential acquisition by Southern
California Edison (SCE), and referred to a "two year cap"
which the Chairman of SDG&E Chairman Page did not mention in
his statement of promises and protection for the citizens of
San Diego County. It was requested that Mayor Cox go to San
Diego Association of Governments ISANDAG) to request the
immediate action of all cities to look at viable alternatives.
MINUTES 19 - December 6, 1988
Councilmembers discussed the draft resolution's intent of
gathering information; to announce to SCE exactly what is
being planned; the convincing evidence presented to the
Public Utilities Commission IPUC) by an analyst of SCE; the
statement of an official of SCE which does not follow the
mandates and criteria of the PUC; and the necessity and
willingness to take this severe action to start condemnation.
City Attorney Harron confirmed the impropriety for Council to
pass the resolution without first holding a public hearing.
Councilman Malcolm stated his preference to clearly put on
record that the City of Chula Vista has started the procedure
to let SCE know the City's position, and to docket for next
week's agenda.
MOTION
MSUC (Malcolm/McCandliss) to direct staff to begin the process of
acquisition.
COUNCILMAN MOORE:
g. SANDAG Sub-Committee for Airport Study A request was made
to expand the Subcommittees with representatives from the
North and South Counties and that the primary for the South
County come from Chula Vista, with the alternate from
Imperial Beach.
MOTION
MSUC (Moore/Nader) to appoint the Mayor to be the Primary
Representative of the Airport Study Advisory Committee.
At 7:30 p.m., Council adjourned to Closed Session to discuss
condemnation of SDGE properties within the limits of Chula Vista
(990 Bay Boulevard, South Bay Power Plant) IParcel Nos.
562-210-05; 562-300-02; 565-010-12/15; 567-010-07; 567-011-01).
At 8:00 p.m. COUNCIL ADJOURNED to the Joint Meeting of City
Council and the Board of Ethics on December 8 at 7:00 p.m. in the
Council Conference Room, to the Council Tour on December 10 at
ber ~13, 1988 at 7:00
8:00 a.m. and to the Regular Meet of .De~a~,~,~
p.m.
e'~ni~e M.~'u ~ ~
~, CLERK '