HomeMy WebLinkAboutcc min 1987/07/14 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, July 14, 1987 Council Chamber
7:18 p.m. Public Services Building
At 6:30 p.m. to 6:45 p.m., the City Council met in Closed Session
to discuss Sierra v. Marsh, Sierra v. Coastal Commission, Hooper
v. Chula Vista, Potential Litigation and Instructions to
negotiators pursuant to Government Code Section 54947.6.
ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers Nader,
McCandliss, Malcolm and Moore
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, Assistant City Attorney Rudolf
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
The Pledge of Allegiance to the Flag was led by Mayor Cox followed
by a moment of silent prayer.
1. APPROVAL OF MINUTES
Councilmember Nader offered a correction to the Minutes, item
23, page 14, "Amendment to the Motion", to reflect that he and
Councilwoman McCandliss voted no.
MSUC (Cox/Nader) to approve the minutes of the meetings for
June 17, 18, 23 (as amended) and June 25, 1987.
2. SPECIAL ORDERS OF THE DAY None.
CONSENT CALENDAR (3a - 38)
Items Pulled: 3g, 3n, 4, 5, 9, 10, 28, 29, 30a, 30d, 31, 36,
38.
MSUC (Cox/Moore) to approve the Consent Calendar items. For
the record, the City Clerk read the headings.
3. WRITTEN COMMUNICATIONS
a. REQUEST FOR INSTALLATION OF TRAFFIC LIGHT AT OTAY LAKES ROAD
AND CANYON ROAD - Dawn Glassburn, Accord Condominium
Management Company's request is based on the Stonegate
Property Owners Association's concern relative to the amount
of traffic at the intersection of Canyon Drive and Otay Lakes
Road. Staff advised that this traffic light is a budgeted
project and it is anticipated that installation be
accomplished during the 1987-88 Fiscal Year.
MINUTES - 2 - July 14, 1987
3b. REQUEST FOR INSTALLATION OF TRAFFIC LIGHT AT BRISBANE AND
NORTH FOURTH AVENUE - Manny Adler, 45 N. Fourth Avenue, Chula
Vista 90101, stated a desperate need for a traffic control
measures at this site because of excessive speed and the heavy
truck traffic on North Glover Street to the industrial area.
Staff recommended the need for a light be referred to the
Safety Commission for study and anticipates a decision
regarding striping in the area to be made in a timely fashion.
c. REQUEST FOR PUBLIC INPUT CONCERNING INCLUSION OF GUNPOWDER
POINT AND "D" STREET IN BAYFRONT PLAN - Frank Scott, President
of CROSSROADS, P. O. BOX 470, Chula Vista, 92012. Mr. Scott
is requesting confirmation that the Bayfront Plan previously
approved by City Council will be included in the Final Plan.
Staff recommended that Mr. Scott be advised that legal issues
surrounding the Bayfront Plan have been debated in closed
session but no decisions by the City Council as a body have
been made to any changes in the approved Bayfront Plan. If
any changes are proposed, such changes would be subjected to
extensive public comment and hearings.
d. LETTER FROM NINE RESIDENTS RELATIVE TO BUDGET RESTRAINTS AND
AS IT PERTAINS TO DRAINAGE DITCH SOUTH OF 1174 TOBIAS DRIVE -
A. H. Bahrke, 1175 Tobias Drive, Chula Vista, 92011. The
residents are concerned that money has not been appropriated
for a solution to the drainage ditch problems and questioned
other appropriations made by City Council. It was recommended
this matter be referred to staff and that Mr. Bahrke be
advised that the Public Works Department is currently looking
into the subject drainage ditch, not only relative to the
level of maintenance in its present configuration, but a more
permanent facility to handle the drainage in that area.
e. REQUEST FOR RESOLUTION IN SUPPORT OF LEGISLATION LIMITING
LIABILITY OF SERVICE AUTHORITY FOR FREEWAY EMERGENCIES -
Gloria D. McColl, Chairwoman, SAFE, 5555 Overland Ave., San
Diego 92123-1297. Member agencies are being solicited for
support for legislation (SB 488) to limit SAFE from
liability. Staff recommended that a letter be directed to the
legislative delegation supporting an amendment to SB 488,
limiting the liability of SAFE.
f. REQUEST OF AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA FOR
RESOLUTION ENDORSING "FREEWAY DEVELOPMENT TO YEAR 2000" -
Deborah Nelson, District Manager, AAA 569 Telegraph Canyon
Road, Chula Vista, CA 92010-6495. The Automobile Club of
Southern California is soliciting resolutions from cities in
San Diego County to support improvement of existing freeway
system by construction and improvements. The City Manager
recommended that the Club's Freeway 2000 Resolution be
referred to staff for more thorough evaluation and study prior
to City Council's official support.
MINUTES - 3 - July 14, 1987
3g. REQUEST FOR CROSSWALK OR SIMILAR TRAFFIC SAFETY FOR THE
INTERSECTION OF JEFFERSON AND E AVENUES - Petition signed by
84 residents submitted by Edmundo M. Leon, 184 Broadway, Space
50, Chula Vista 92010.
Pulled from the Consent Agenda.
h. REQUEST TO PHASE CONSTRUCTION OF TELEGRAPH CANYON ROAD -
Robert Santos, EASTLAKE Development Company, 701 "B" Street,
San Diego 92101 (Continued from meeting of June 23, 1987.)
The City adopted a SPA Plan which incorporated a Public
Facilities Financing Plan, which document provided for annual
updates to reflect most current information. The first update
was postponed pending expanded PFFP relative to EastLake I
Expansion to include EastLake Greens/Activity Corridor. Staff
recommended this request be continued to the July 21 Meeting
for report and recommendation.
i. REQUEST FROM BATTLESHIP NEW JERSEY HISTORICAL MUSEUM SOCIETY
TO CONSIDER ISSUANCE OF A BLOCK OF FOUR STAMPS HONORING THE
BATTLESHIPS - Lawrence Evernham, President, Box BB-62,
Middletown, NJ 07748. The City Manager recommended that this
request be filed.
j. REQUEST OF SECOND HARBOR ENTRANCE PROJECT INC. THAT THE CITY
OF CHULA VISTA ALLOCATE $15,000 FOR FY87-88 - Larry Peeples,
Executive Director, 5394 Linda Vista Rd., San Diego, 92110.
The City Manager recommended that the Second Harbor Entrance
Project, Inc. be advised that the City has allocated $15,000
in the 1987-88 Budget to support This project.
k. REQUEST OF CITY COUNCIL TO ENACT EMERGENCY LEGISLATION TO
MODIFY MUNICIPAL CODE 9.40 and 9.50 TO PROVIDE PROTECTION TO
THE SMALLER TRAILERS, CAMPERS, 5th WHEEL AND R.V. UNITS - Rev.
R. C. Flaugher, Chairman, Mobile Association P. O. Box 5093,
Chula Vista 92012. The City Manager advised that these
amendments to the Municipal Code are scheduled to come before
the City Council at about the first meeting in October for
consideration.
1. CLAIMS AGAINST THE CITY -
1. Ms. Michelle Mills, c/o Donald B. Schwimmerr Esq..r 225
Broadway, Suite 1313~ San Die~o~ CA 92101. Ms. Mills was
injured when the bus, on which she was a passenger, collided
with a pedestrian. Because the City has neither jurisdiction
nor control over transit complaints, the City's Claims
Adjustors and Risk Management staff recommended that this
claim be denied.
MINUTES 4 July 14, 1987
2. Ms. Marguerite H. Hime, c/o Sergio Feria, Esq.., 678 Third
Avenue, Suite 312, Chula Vista~ CA 92010. Ms. Hime allegedly
sustained personal injuries from a trip and fall when she took
a short cut through a planter box at the Norman Park Center on
"F" Street. Due to the questionable liability on the part of
the City , Carl Warren & Company and Risk Management staff
recommended that the claim be denied.
3m. REQUEST FOR WAIVER OF BUSINESS LICENSE FEES FOR BONITAFEST -
Diane Cousino, Chairperson, Bonitafest 1987. The City Manager
recommended that the business license fee for all booth
participants at the September 26-27 Bonitafest be waived,
consistent with all previous years' practices.
3n. REQUEST FOR WAIVER OF CITY FEES AND TAXES FOR OCTOBER 17, 1987
ACTIVITIES IN CELEBRATION OF THE FIESTA DE LA LUNA - A. R.
Seacord, Fiesta de la Luna Parade Chairman, 158 2nd Avenue,
Chula Vista 92010.
Pulled from the Consent Agenda.
4. REPORT RESPONSE TO LETTERS REGARDING HOUSE
REMODELING AT 165 MURRAY STREET - J.
Anthony Raso (Director of Planning)
Pulled from the Consent Agenda.
5.REPORT CONSTRUCTION PROJECT EXCEEDING
BOUNDS/LIMITATIONS IMPOSED ON MR. RASO
(Acting Director Building and Housing)
Pulled from the Consent Agenda.
6a.RESOLUTION 13120 REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF SAN DIEGO TO PERMIT THE
REGISTRAR OF VOTERS TO CONSOLIDATE THE
GENERAL MUNICIPAL ELECTION, AUTHORIZE SAID
BOARD TO CANVASS THE RETURNS, AND TO
PERMIT THE REGISTRAR OF VOTERS TO RENDER
CERTAIN SPECIFIED SERVICES TO THE CITY OF
CHULA VISTA IN CONNECTION WITH THE CONDUCT
OF THE CONSOLIDATED MUNICIPAL ELECTION ON
NOVEMBER 3, 1987 TO BE HELD IN THE CITY OF
CHULA VISTA
b. RESOLUTION 13121 CALLING AND GIVING NOTICE OF THE HOLDING
OF AN ELECTION TO BE HELD IN SAID CITY ON
TUESDAY, NOVEMBER 3, 1987 FOR THE PURPOSE
OF SUBMITTING TO THE QUALIFIED ELECTORS OF
CHULA VISTA A VOTE ON THE OFFICE OF
COUNCIL SEATS NUMBERS 3 AND 4, AND
CONSOLIDATING SAID ELECTION WITH THE
CONSOLIDATED ELECTION TO BE HELD ON THE
SAME DATE (City Clerk)
MINUTES - 5 - July 14, 1987
A general municipal election is scheduled for Tuesday, November 3,
1987 for Council Seat Numbers 3 and 4 (currently held by Tim Nader
and David Malcolm). In accordance to the State Election Code
(Section 23302), the City must submit a request to the Board of
Supervisors to authorize the Registrar of Voters to consolidate
the municipal election no later than 88 days prior to the election
(by August 7, 1987) and to officially call the election.
7a. RESOLUTION 13122 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE CHULA VISTA JAYCEES IN
REGARD TO THE EXPENDITURE OF CITY FUNDS
APPROPRIATED AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (City Manager)
b. RESOLUTION 13123 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND GRETCHEN EVANS LIBRARY
CONCERTS IN REGARD TO THE EXPENDITURE OF
CITY FUNDS APPROPRIATED AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT (City
Manager)
c RESOLUTION 13124 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE UNITED NATIONS DAY
COMMITTEE IN REGARD TO THE EXPENDITURE OF
CITY FUNDS APPROPRIATED AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT (City
Manager)
The 1987-88 Budget includes funding of various Community
Promotions organizations. Agreements have been prepared as
follows in the amounts approved by the City Council:
a. Chula Vista Jaycees $9,880
b. Gretchen Evans Library Concerts $1,590
c. United Nations Day Committee $ 380
8. RESOLUTION 13125 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND MAAC PROJECT FOR GROUNDS
MAINTENANCE AT LAUDERBACH PARK AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Director of Parks and
Recreation)
Since the annexation of Montgomery, the City has contracted out
the maintenance of Lauderbach Park. The City has an agreement
with the Metropolitan Area Action Council (MAAC) to provide the
ground maintenance services at Lauderbach Park. A renewal of this
agreement for FY 1987-88 is proposed.
The agreement provides a yearly contract amount of $16,500 to be
paid on an equal monthly basis. Funds have been approved in FY
87-88 by Council.
MINUTES - 6 July 14, 1987
9. RESOLUTION 13146 AUTHORIZING THE MAYOR TO EXECUTE AN
EASEMENT FOR UNDERGROUND FACILITIES AND
APPURTENANCES ACROSS CITY OWNED PROPERTY
TO SERVE KIDS UNLIMITED~ A CHILD CARE
CENTER (Director of Public Works/City
Engineer)
Pulled from the Consent Agenda.
10.RESOLUTION 13147 EXTENDING THE CONTRACT WITH PRC
ENGINEERING, INC., FOR PREPARATION OF THE
CENTRAL CHULA VISTA GENERAL PLAN UPDATE
(Director of Planning)
Pulled from the Consent Agenda.
lla RESOLUTION 13126 APPROVING AN INCREASE IN THE FAIR MARKET
VALUE OF LAND FOR THE PURPOSE OF
ESTABLISHING THE IN-LIEU PARKING FEE
(Director of Community Development).
b RESOLUTION 13127 REVISING THE IN-LIEU PARKING FEE POLICY TO
ALLOW THE REDEVELOPMENT AGENCY TO EXTEND
IN-LIEU FEE REVENUES FOR THE PURCHASE OR
DEVELOPMENT OF PUBLIC PARKING FACILITIES
(Director of Community Development)
On June 4, 1987, the Redevelopment Agency approved a report
increasing the in-lieu parking fee, allowing in-lieu fee revenues
to be used by the Agency for financing parking acquisition or
development and using parking meter funds to finance additional
security downtown.
City Council approved to:
a. An increase in the fair market value of land for the
purpose of establishing the in-lieu parking fee.
b. Revise the in-lieu parking fee policy to allow the
Redevelopment Agency to expend in-lieu fee revenues for
the purchase or development of public parking facilities.
The Parking District has averaged approximately $46,000/year in
net operating income for the past five years. It is anticipated
that the annual average income will increase due to the
development of additional public parking lots and last year's
increase in parking meter rates. The $46,000 in parking meter
revenues is sufficient to cover the $35,400 in projected security
expenses.
MINUTES - 7 - July 14, 1987
12. RESOLUTION 13128 EXTENDING THE CONTRACT WITH THE
BONITA/SUNNYSIDE FIRE PROTECTION DISTRICT
FOR FIRE PROTECTION SERVICES OVER THE
PERIOD JULY 1987-JUNE 1988 (Assistant City
Manager
On June 17, 1987 Council added $44,190 to the FY 1987-88 budget to
extend the agreement for contract fire services with the
Bonita-Sunnyside Fire Protection District. Staff had recommended
the contract extension so that the analysis of alternative sites
for the current District Fire station would reflect information
contained in the forthcoming General Plan update. The budgeted
funds authorized by Council represented the identical amount
expended in FY 1986-87 for contract fire services; Council did
not approve a 6% cost increase which had been a provision of the
previous contractural agreement.
13. RESOLUTION 13129 APPROVING ELEVENTH AMENDMENT TO AN
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND THE SAN DIEGO UNIFIED PORT DISTRICT
FOR GROUNDS AND COMFORT STATION
MAINTENANCE AT THE "J" STREET MARINA,
BAYSIDE PARK AND ADJACENT MEDIANS IN SAN
DIEGO UNIFIED PORT DISTRICT PROPERTY AND
AMEND FY 1987-88 BUDGET APPROVED BY
COUNCIL ON JUNE 23, 1987 (Parks and
Recreation)
By Resolution No. 12583, Council approved an Agreement with the
San Diego Unified Port District whereby the City provided
maintenance services at the "J" Street Marina Bayside Park and the
landscaped medians on Tidelands Avenue during fiscal year
1986-87.
The budget estimated for the maintenance
of Bayside Park, landscaped medians, and
"J" Street Marina for FY 1987-88 is
$143,805. The agreement will cover a 12
month period, July 1, 1987 through June
30, 1988, and will be amended for salary
adjustments when an MOU is agreed upon by
the City and Chula Vista Employees
Association.
14. RESOLUTION 13130 AUTHORIZING THE DEPARTMENT OF GENERAL
SERVICES OF THE STATE OF CALIFORNIA TO
PURCHASE ELEVEN COMPACT SEDANS ON BEHALF
OF THE CITY OF CHULA VISTA (Director of
Finance)
MINUTES 8 July 14, 1987
The FY 1987-88 budget includes funds for the purchase of eleven
(11) compact sedans. Council Resolution No. 6132 authorizes the
City to participate in a cooperative bid with the State of
California for the purchase of the vehicles. The procedure
requires the adoption of a resolution designating the State as its
Purchasing Agent in making the purchase. A service charge of 1
percent of the total before taxes is required for each transaction.
The cost for the eleven (11) sedans is $91,746.21 based on State
contract price, which includes the 1 percent State service
charge. Funds are available as follows:
AMOUNT COUNCIL APPROVED
SOURCE OF FUNDS REQUIRED APPROPRIATION
General Fund $25,021.68 $26,700
Equipment Replacement Fund 66,724.53 67,770
$92,746.21 $94,470
15. RESOLUTION 13131 ORDERING THE SUMMARY VACATION OF DRAINAGE
EASEMENTS ON PARCELS 15, 16, 17 OF CHULA
VISTA TRACT NO. 81-6, OTAY VALLEY
INDUSTRIAL PARK (Director of Public
Works/City Engineer)
San Diego Gas & Electric, the owner of the land, informed the City
that drainage easements run through the above mentioned lots in
Otay Valley Industrial Park and requested their vacation.
City Council approve the vacation by which action the full use of
the land covered by the easement will revert back to the current
owner.
16. RESOLUTION 13132 ACCEPTING PUBLIC IMPROVEMENTS IN THAT
CERTAIN SUBDIVISION KNOWS AND DESIGNATED
AS CHULA VISTA WOODS (Director of Public
Works/City Engineer)
Chula Vista Woods Subdivision is located generally east of
Oleander Avenue and south of East Naples Street. Final inspection
of the public improvements (Foxboro Avenue Cul-de-Sac, sewer and
storm drainage) was performed on June 26, 1987 and all work was
found to be completed in accordance with the approved plans and to
the satisfaction of the City Engineer.
17. RESOLUTION 13133 ACCEPTING THE BACKBONE PUBLIC
IMPROVEMENTS, EASTLAKE I PLANNED
RESIDENTIAL DEVELOPMENT (Director of
Public Works/City Engineer)
MINUTES - 9 - July 14, 1987
The EastLake I Planned Residential Development is located on both
sides of East "H" Street, east of Corral Canyon Road.
As of June 30, 1987, all but the following work, which
improvements have been bonded separately by the developer, was
found to be completed in accordance with the approved plans and to
the satisfaction of the City Engineer.
a. EastLake Drive - Lakeshore Drive to future Route 125
b. East "H" Street east of EastLake Drive
c. Landscaping fronting along Units 14 and 22
d. Erosion control and landscaping (to be accepted in the
near future by the City Landscape Architect)
18. RESOLUTION 13134 ACCEPTING PUBLIC IMPROVEMENTS, STAR ORANGE
UNIT 1 SUBDIVISION (Director of Public
Works/City Engineer)
Star Orange, Unit 1 is located generally east of Oleander Avenue
and south of East Orange Avenue. The last completed inspection
was held on May 25, 1987 and all work was found to be completed in
accordance with the approved plans and to the satisfaction of the
City Engineer.
19. RESOLUTION 13135 ACCEPTING CONTRACT WORK, STREET LIGHT
INSTALLATION ON BONITA ROAD FROM EAST
FLOWER STREET TO 1-805 AND TRAFFIC SIGNAL
INSTALLATION AT BONITA ROAD AND BONITA
GLEN DRIVE IN THE CITY OF CHULA VISTA,
CALIFORNIA (Director of Public Works/City
Engineer)
D & H Perry, Inc. completed the installation of the street lights
on Bonita Road (East Flower Street to 1-805) and the traffic
signal at Bonita Road and Bonita Glen Drive on June 17, 1987. A
final inspection was made on June 30, 1987, and all work was found
to be completed in accordance with the contract plans and
specifications and to the satisfaction of the City Engineer.
FINANCIAL STATEMENT
Authorized Expenditure (D & H Perry, Inc.) $91,623.00
Final Expenditure ( " ) 88,717.40
Balance of Authorized Expenditure $ 2,905.60
Staff time from point of inspection to June 4, 1987
$4,810.16 x 1.73 (full cost recovery factor) = $8,321.58
20. RESOLUTION 13136 ACCEPTING PUBLIC IMPROVEMENTS, EASTLAKE I,
UNITS 6, 9, AND 10 (Director of Public
Works/City Engineer)
MINUTES - 10 - July 14, 1987
The last inspection of the public improvements was completed on
June 24, 1987 located at EastLake I, Units 6, 9, and 20
subdivisions between Hillside Drive and East "H" Street, west of
EastLake Drive. All work was found to be completed in accordance
with the approved plans and to the satisfaction of the City
Engineer.
21. RESOLUTION 13137 APPROVING AND ACCEPTING PUBLIC
IMPROVEMENTS IN THAT CERTAIN SUBDIVISION
KNOWN AND DESIGNATED AS EASTLAKE I~ UNIT 8
(Director of Public Works/City Engineer)
EastLake I, Unit 8 is the custom lots subdivision within the
EastLake I Planned Unit Development. It is generally located
north of Hillside Drive. On July 8, 1987, all work was found to
be completed in accordance with the approved plans and to the
satisfaction of the City Engineer.
22. RESOLUTION 13138 ACCEPTING BIDS AND AWARDING CONTRACT FOR
TRAFFIC SIGNAL INSTALLATION AT THE
INTERSECTIONS OF EAST "H" STREET/AUBURN
AVENUE AND MAX AVENUE/ORANGE AVENUE IN THE
CITY OF CHULA VISTA, CALIFORNIA (Director
of Public Works/City Engineer)
On July 1, 1987, the City Engineer received sealed bids for the
installation of two traffic signals. Max and Orange was funded in
the 1986-87 CIP. "H" Street and Auburn is funded in the 1987-88
CIP. City Council approved acceptance of the bids and awarded the
contract to D & H Perry, Inc. dba Perry Electric, low bidder, in
the amount of $51,822.
23. RESOLUTION 13139 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE ASSOCIATION FOR
RETARDED CITIZENS OF SAN DIEGO (ARC) FOR
TRANSPORTATION SERVICES (Director of
Public Works/City Engineer)
On March 22, 1982, the City of Chula Vista and the Association for
Retarded Citizens Starlight Center entered into an agreement for
the use of two Starlight Center vehicles to supplement
transportation service to Regional Center for clients attending
Starlight Center. The scope of this service was modified on July
14, 1985, whereby Starlight Center provided one vehicle for this
service and the City, as part of the coordination project with
regional Center, provided two vehicles under the contract with the
Handytrans operator Community Transit Services (CTS). Council
approved the Agreement which continues the coordinated service to
Regional Center clients attending Starlight Center for FY 1987-88
and authorizes CTS to use one Starlight Center vehicle for this
service.
MINUTES - 11 - July 14, 1987
The City of Chula Vista recovers the full cost of this
transportation service to Starlight Center through its contract
with Regional Center.
24. RESOLUTION 13140 ACCEPTING INFORMAL BIDS AND AWARDING
CONTRACT FOR PROVIDING STREET SWEEPING FOR
CITY'S CHIP SEAL (1987-88 PROGRAM) ON
VARIOUS STREETS IN THE CITY OF CHULA VISTA
(Director of Public Works/City Engineer)
On July 1, 1987, informal bids were received for this contract.
Council accepted the bids and awarded the contract to Ronnies
Sweeping Service, low bidder, in the amount of $19,796.
25. RESOLUTION 13141 ACCEPTING BIDS AND AWARDING CONTRACT FOR
PLACEMENT OF CHIP SEAL (1987-88 PROGRAM)
ON VARIOUS STREETS IN THE CITY OF CHULA
VISTA (Director of Public Works/City
Engineer)
On July 1, 1987, the Director of Public Works/City Engineer
received the sealed bids. Council accepted the bids and awarded
the contract to Sim J. Harris Company, San Diego, low bidder in
the amount of $114,373.32.
26. RESOLUTION 13142 APPROVING CHANGE ORDER NO. 3, REMOVAL OF
UNDERGROUND FUEL TANKS AT VARIOUS
LOCATIONS IN THE CITY AND AUTHORIZING THE
CITY ENGINEER TO EXECUTE CHANGE ORDER ON
BEHALF OF THE CITY (Director of Public
Works/City Engineer)
On April 10, 1987, the City Council by Resolution No. 12940
awarded a contract to American Processing Co., Inc. for the
removal of underground tanks at various locations in the City.
Subsequently, Council by Resolution No. 13063 (June 9, 1987)
approved Change Order No. 2 for the disposal of contaminated soils
discovered in conjunction with the removal of the tanks. Change
Order No. 3 (in the amount of $13,720.96) is for the removal of
sludge found inside a tank located at 707 "F" Street and for the
disposal of the tank. The project will be completed at the
conclusion of the tank disposal procedures.
Change Order No. 3 is in the amount of $13,720.96 bringing the
total contract to $58,895.96. There are sufficient funds
available in the fund balance for this poject (600-6000-GF 37) to
cover the increase.
27. RESOLUTION 13143 ACCEPTING BIDS AND AWARDING CONTRACT FOR
PLACEMENT OF ASPHALT CONCRETE OVERLAY
(1987-88 PROGRAM) ON VARIOUS STREETS IN
THE CITY OF CHULA VISTA (Director of
Public Works/City Engineer)
MINUTES - 12 - July 14, 1987
On July 7, 1987, the Director of Public Works/City Engineer
received the sealed bids. The work includes the removal of
alligatored pavement areas and replacement with asphalt concrete,
placement of pavement reinforcing fabric, placement of 1 1/2"
thick asphalt concrete overlay, adjustment of manholes,
replacement of traffic signal loops and traffic control. Council
accepted the bids and awarded the contract to Daley Corporation,
low bidder, the amount of $456,075.
28. RESOLUTION 13148 APPROVING AN AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND SIMMARD TELECOMMUNICATIONS
CORPORATION FOR TELEVISION PRODUCTION
SERVICES (Management Services)
Pulled from the Consent Agenda.
29. RESOLUTION 13149 APPROVING AN AGREEMENT WITH CHARLES COSTA
ENTERPRISES FOR OPERATION OF THE CHULA
VISTA VISITOR CENTER (Deputy City Manager)
Pulled from the Consent Agenda.
30a.RESOLUTION APPROVING MOU CONCERNING WAGES AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT WITH
THE CHULA VISTA EMPLOYEES ASSOCIATION FOR
FY 1987-88 THROUGH 1988-89 (Director of
Personnel)
This item has been deleted from the agenda.
30b.RESOLUTION 13150 APPROVING THAT CERTAIN MOU CONCERNING WAGES
AND OTHER TERMS AND CONDITIONS BETWEEN THE
CITY OF CHULA VISTA AND INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS, LOCAL 2180,
FOR FISCAL YEARS 1987-88 THROUGH 1989-90
(Director of Personnel)
Negotiating teams representing the City and IAFF Local 2180 have
reached agreement on a Memorandum of Understanding (MOU) which has
been ratified by Local 2180's membership. This MOU, which is the
first since the four-year agreement adopted in 1983 will be for
three fiscal years: 1987-88, 1988-89; and 1989-90.
The approximate increased budget costs for the three-year
compensation package are $866,900.
30c. RESOLUTION 13144 APPROVING THAT CERTAIN MOU CONCERNING
WAGES AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA
AND THE POLICE OFFICERS ASSOCIATION FOR
FISCAL YEARS 1987-88 THROUGH 1989-90
(Director of Personnel)
MINUTES - 13 July 14, 1987
Negotiating teams representing the City and the Chula Vista Police
Officers Association (POA) have reached agreement on a three (3)
year Memorandum of Understanding (MOU), which has been ratified by
POA's membership.
The increase in budget costs over the three years covered by this
agreement totals $1,432,468 and is within the established
guidelines. The costs do not include any wage increases which may
result from the salary survey to be conducted in the third year.
30d RESOLUTION REVISING SALARY BANDS FOR EXECUTIVE
MANAGEMENT PERSONNEL FOR FISCAL YEAR
1987-88 (Director of Personnel)
This item has been deleted from the agenda.
31. ORDINANCE 2215 REZONING PORTIONS OF RANCHO DEL SUR FROM
R-1-H AND R-l-P-4 TO R-l-P-5 AND R-3-P-12
- SECOND READING AND ADOPTION (Director of
Planning)
Pulled from the Consent Agenda.
32. ORDINANCE 2216 REZONING 0.33 ACRES LOCATED ON THE EAST
SIDE OF NORTH SECOND AVENUE AT THE
EASTERLY TERMINUS OF "C" STREET FROM A TO
R-l-7 - SECOND READING AND ADOPTION
The ordinance rezoning 0.33 acres from A (Agriculture) to R-l-10
(Single-family residential/7,000 sq.ft, minimum lot size) was
placed on first reading at the meeting of June 23, 1987. The
property is located on the east side of North Second Avenue at the
easterly terminus of "C" Street.
33. ORDINANCE 2217 AMENDING SECTION 2.02.020 BY ADDING A NEW
SUBJECTION Z RELATING TO PROJECT AREA
COMMITTEE MEMBERS FIRST READING (City
Attorney )
In its June 1987 bulletin, the Fair political Practices Commission
announced a new opinion which will require members of
Redevelopment Project Area Committees to be subject to local
conflict of interest codes. They will now have to file disclosure
statements and will be required to abstain from participating in
decisions where the decision could have a material effect on their
financial interest.
34. ORDINANCE 2218 AMENDING SECTION 8.08.070A DEALING WITH
ANNUAL HEALTH INSPECTION FEES - FIRST
READING (City Attorney)
MINUTES - 14 - July 14, 1987
The City of Chula Vista contracts with the County of San Diego to
perform its health inspections for food handlers. Both the City
of Chula Vista and the County of San Diego charge full cost
recovery for services when enforcing State Health and Safety
Codes. Since the County performs the health inspections of food
handlers in the City of Chula Vista, the fee for this service is
set by the County. This amendment will adopt by reference those
penalties which are charged by the County and will result in
uniform inspection fees and penalties being charged throughout the
County of San Diego.
35. REPORT AUTHORIZING STAFF TO PROCESS AN LCP
AMENDMENT FOR THE INTERIM MODIFICATION OF
THE CALTRANS I-5/E STREET ON AND OFF RAMP
AND BAY BOULEVARD CONFIGURATION (Community
Development Director)
On March 19, 1987, the Redevelopment Agency approved an agreement
with CALTRANS for the construction of a new on-and-off ramp
facility at I-5 and "Em Street - northwest quadrant. The new ramp
system will be located on property formerly owned by Joe Street,
now owned by the Agency. The Agency is providing the land for the
new ramps and CALTRANS will undertake the construction. CALTRANS
plans to begin the project in the spring of 1988.
Phase I of the project will consist of an interim improvement
until the final design, illustrated in the certified LCP, can be
constructed in conjunction with Bayfront development.
36. REPORT PROPOSAL TO REQUIRE MINUTES TO BE TAKEN OF
CLOSED SESSION MEETINGS (Continued from
meeting of June 23, 1987) (City Attorney)
Pulled from the Consent Agenda.
37. REPORT REQUEST TO JOIN IN AMICUS BRIEFS REGARDING
THE PERMIT STREAMLINING ACT (City Attorney)
The Permit Streamlining Act states that if a city fails to act
upon a development project within one year, it is automatically
approved. This law does not deal with the problems created when
the development proposal does not conform to the General Plan,
zoning or CEQA and would deprive neighbors of the proposed
development from having an opportunity to participate in the
decision making process.
The City Attorney's Office in San Francisco has agreed to draft a
brief on behalf of all cities who wish to support the League's
position.
MINUTES 15 - July 14, 1987
38. REPORT TERRA NOVA SCHOOL SITE, POTENTIAL PURCHASE
OF SURPLUS JR. HIGH SCHOOL PROPERTY AT
RIDGEBACK ROAD AND WINDROSE WAY DRIVE
(Director of Planning)
Pulled from the Consent Agenda.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
39. PUBLIC HEARING PCZ-87-M: CONSIDERATION TO REZONE 1.36
ACRES LOCATED AT THE NORTHEAST CORNER OF
EAST "H" STREET AND CORRAL CANYON ROAD FROM
R-1-H TO P-C - LA PETITE ACADEMY (Continued
from Meeting of June 23, 1987) (Director of
Planning)
ORDINANCE AMENDING ZONING MAP OR MAPS ESTABLISHED BY
SECTION 19.18.010 OF THE CHULA VISTA
MUNICIPAL CODE REZONING 1.36 ACRES FROM
R-1-H TO P-C - LA PETITE ACADEMYt INC. -
FIRST READING
This being the time and place as advertised, the public hearing was
declared open.
The request is to rezone 1.36 acres located at the northeast corner
of East "H" Street and Corral Canyon Road from R-1-H (Single Family
Residential/Hillside Modifying District) to P-C (Planned
Community/Bonita Long Canyon SPA Commercial Recreational land use
designation) in order to construct a 7,500 sq.ft, child daycare
facility.
An Initial Study, IS-87-51 of possible adverse environmental
impacts of the project was conducted by the Environmental Review
Coordinator on May 15, 1987, who concluded that there would be no
significant environmental effects and recommended that the Negative
Declaration be adopted.
On May 27, 1987, the Planning Commission recommended that Council
enact the rezoning in accordance with Resolution PCZ-8-M. The
recommendation is that Council concur with the Planning Commission
recommendation with the addition of the following condition of
approval:
The developer shall pay Development Impact Fees as described in
the Attachment #A" of the EastLake I Public Facilities
Financing Plan. Said fees shall be payable with application
for building permit and shall be based on estimated traffic
generation for institutional uses of 1.4 trips per student
times the rate of $152.70 per trip (188 x 1.4 x 152.70 =
$40,190).
MINUTES - 16 July 14, 1987
Director of Planning Krempl advised that a letter was received from
the applicant with a request to continue the item until July 28 for
additional time to review conditions imposed by staff.
MSUC (Cox/Nader) to continue the public hearing to the regular
meeting of July 28, 1987.
40. PUBLIC HEARING CONSIDERING COASTAL DEVELOPMENT PERMIT 918 FOR DISMANTLING SDG&E LNG PLANT (EXCLUDING
LNG TANKS) (Community Development Director)
RESOLUTION AUTHORIZING ISSUANCE OF COASTAL DEVELOPMENT
PERMIT ~18
This being the time and place as advertised, the public hearing was
declared open.
San Diego Gas and Electric Company has submitted a coastal
development permit application for dismantling their currently
non-operating South Bay Liquified Natural Gas Plant located South
of "L" Street west of Bay Boulevard. Environmental review of the
project was conducted and Negative Declaration IS-87-60 was
issued. A demolition permit and approval from the Fire Department
will be required in addition to coastal development permit approval.
The recommendation is that the Council adopt the resolution and
findings therein:
1. Adopting Negative Declaration IS-87-60;
2. Finding that the proposed project is consistent with the
policies of the certified LCP; and
3. Issuing Coastal Development Permit No. 18 as conditioned.
Staff emphasized that this application is in two phases, and this
request is for dismantling the LNG Operating Plant (Phase I). An
agreement between SDG&E and the City would need to enter into an
agreement for the dismantling of the plant and the eventual removal
of the storage tanks in Phase II.
Don Rose, San Diego Gas & Electric representative, 101 Ash Street,
San Diego, explained that the LNG plant has not been operational
for about two years, and that SDG&E agrees with all conditions
contained within the staff report. The plant was used for an
emergency storage system and is now decommissioned.
Councilmember McCandliss asked questions relative to the second
phase and Mr. Rose explained he has a buyer from New Zealand for
all of the plant's equipment (Phase I) except the tanks (Phase II)
because of the difficulty to disassemble.
Pat Barajas, 375 J Street, Chula Vista, remarked on statements made
by the SDG&E at the time they tanks were installed.
MINUTES 17 - July 14, 1987
There being no further testimonies either for or against, the
public hearing was closed.
RESOLUTION OFFERED BY MAYOR COX the reading of the text was waived
by unanimous consent.
Councilmembers discussed the possible impacts of dismantling the
tanks, and the concerns of the length of time that might occur
before completion of two phases. Staff advised Council of the
recommended condition to the Agreement with SDG&E relative to
removal of the tanks prior to the validation of the Phase I, and
Councilmember Malcolm advised of the problems this could pose with
the Coastal Commission. The consensus was to handle both phases as
one project to cover all legal bases. Mr. Rose restated that the
Environmental document was reworded for removal of both the plant
and the tanks.
MSUC (Cox/McCandliss) to continue the public hearing and to direct
staff to resolve both issues with one agreement.
41. PUBLIC HEARING ON TOWN CENTRE NO. 1 STREET LIGHTING AND
LANDSCAPE MAINTENANCE DISTRICT FOR FY
1987-88 (Director of Public Works/City
Engineer)
RESOLUTION CONFIRMING THE REPORT OF THE CITY ENGINEER
DATED JUNE 22, 1987 PREPARED PURSUANT TO
RESOLUTION NO. 13042 APPROVED PURSUANT TO
RESOLUTION NO. 13091 OF SAID COUNCIL, AND
THE PLANS, SPECIFICATIONS, ESTIMATE,
DIAGRAM AND ASSESSMENT CONTAINED IN SAID
REPORT: ORDERING CERTAIN STREET LIGHTING
FIXTURES AND APPURTENANCES TO BE MAINTAINED
AND ELECTRIC CURRENT TO BE FURNISHED FOR
LIGHTING SAID FIXTURES AND TO ORDER CERTAIN
LANDSCAPING TO BE MAINTAINED FOR THE FISCAL
YEAR BEGINNING JULY 1, 1987; AND LEVYING
SAID ASSESSMENT FOR THE FISCAL YEAR JULY 1,
1987 THROUGH JUNE 20, 1988 CITY OF CHULA
VISTA TOWN CENTRE NO.1 STREET LIGHTING AND
LANDSCAPING MAINTENANCE DISTRICT NO. 1987-88
This being the time and place as advertised, the public hearing was
declared open.
The Town Centre No. 1 Street Lighting and Landscape Maintenance
District was formed in 1980 after improvements were made along
Third Avenue between "E" and "F" Streets. Since then the
improvements have been extended south of "G" Street and westerly
from Third Avenue on the south side of "F" Street. The district
boundary was adjusted to include three properties on the south side
of "F" Street between Third Avenue and Garrett Avenue in 1984. It
is now time for the Council to hold a public hearing to consider
levying the assessments.
MINUTES - 18 - July 14, 1987
Staff informed Council that a meeting was held on June 2, 1987 to
inform the merchants of the proposed 28.7% in the assessments for
FY 1987-88, which assessment includes the cost of the supervising
coordinator of the project.
Bill Gartley, representing United Artists Theatres of Corona, CA, a
Division Manager of the UA Movie 6, stated the opposition of his
organization for the record.
Kitty Raso, Third Avenue merchant, stated her opposition for paying
for the lighting which she stated is not effective, the necessary
replacement cost for the flowers which are "picked" by people on
the street and, suggested the merchants do their own street
cleaning.
There being no further testimonies either for or against, the
public hearing was closed.
MS (Moore/Nader) to direct staff to take whatever action is
necessary to reduce the cost of staff's services by 50%.
Councilmembers were in agreement that too much money was being used
to staff a small contract, and that staff should be directed to
meet with the Downtown Association with the aim of clarifying ways
to reduce costs.
Councilmember Moore withdrew his motion with the agreement of the
second; and Mayor Cox reopened the public hearing for further
discussion.
MSUC (Cox/Moore) to continue the public hearing and to direct staff
to come back with a new spread of assessments to include the
suggestion of deleting the staff overhead costs by 50%.
MSUC (Cox/Moore) that staff be directed to report how the
additional funding for the contract supervisor will be handled, and
to include the dollar costs of the position last year, as well as
those in the open space districts.
MSUC (Moore/Cox) to direct staff to review and report on the
antique methods of lighting on Third Avenue.
42. PUBLIC HEARING ON BAY BOULEVARD STREET LIGHTING AND
LANDSCAPE MAINTENANCE DISTRICT FOR FY
1987-88 (Director of Public Works/City
Engineer)
MINUTES - 19 - July 14, 1987
RESOLUTION 13145 THE REPORT OF THE CITY ENGINEER DATED JUNE
22, 1987 PREPARED PURSUANT TO RESOLUTION
NO. 13043 APPROVED PURSUANT TO RESOLUTION
NO. 13089 OF SAID COUNCIL, AND THE PLANS,
SPECIFICATIONS, ESTIMATE, DIAGRAM AND
ASSESSMENT CONTAINED IN SAID REPORT:
ORDERING CERTAIN STREET LIGHTING FIXTURES
AND APPURTENANCES TO BE MAINTAINED AND
ELECTRIC CURRENT TO BE FURNISHED FOR
LIGHTING SAID FIXTURES AND TO ORDER CERTAIN
LANDSCAPING TO BE MAINTAINED FOR THE FISCAL
YEAR BEGINNING JULY 1, 1987; AND LEVYING
SAID ASSESSMENT FOR THE FISCAL YEAR JULY 1,
1987 THROUGH JUNE 30, 1988 CITY OF CHULA
VISTA BAY BOULEVARD STREET LIGHTING AND
LANDSCAPING MAINTENANCE DISTRICT NO. 1987-88
The Bay Boulevard Street Lighting and Landscape Maintenance
District was formed in 1982 after street lighting and landscaping
improvements were made along Bay Boulevard between #E# and "F"
Streets. Since that time, the Bayfront Park has been completed and
the maintenance costs are included in the proposed assessments. It
is now time to levy assessments for the coming fiscal year to the
properties within the district.
This being the time and place as advertised, the public hearing was
declared open.
Councilmember Moore questioned the funds appropriated to staff's
supervision of the project.
There being no further testimonies either for or against, the
public hearing was closed.
RESOLUTION offered b~ Councilman Malcolm the reading of the text
was waived by unanimous consent, passed and approved. Councilmember
Moore voted no.
43. PUBLIC HEARING TO CONSIDER REQUEST FOR A WAIVER OF
UNDERGROUNDING OVERHEAD ELECTRICAL
FACILITIES WITHIN THE LAS BRISAS DEL MAR
SUBDIVISION (Continued from meeting of
6/9/87) (Director of Public Works/City
Engineer)
On June 9, 1987, Council opened the public hearing for this request
for waiver. The developer had requested that the hearing be
continued to allow the details of the proposal to be more
completely pursued. During that time, the developer has worked
with SDG&E and the adjacent property owner to provide the required
undergrounding.
MINUTES - 20 July 14, 1987
That agreement appears to have been achieved, with SDG&E and the
developer sharing in the cost of the undergrounding and the
adjacent owner granting an easement to SDG&E for the utility lines,
along with relocating his service and clearing obstructions.
Mayor Cox announced that, through an agreement on the part of the
property owner and San Diego Gas & Electric, there is no longer a
need for this particular item.
MSUC (Cox/Moore) to file this item.
44. ORAL COMMUNICATIONS
a. Rev. R. C. Fl~%~es, 1100 Industrial/Brentwood Mobilhome Park,
appeared to present a petition signed by 60 members of the area in
support of item 3k, as well as the 20-30 people who attended
tonight's meeting. Rev. Flores also stated dissatisfaction with
the ability of Mobilehome Park owners to raise rents unfairly.
Mary Frances Click, 1100 Industrial Boulevard, appeared before
Council for Mr. H. Seiler, who could not appear, and stated support
for Section 9.40 of the Chula Vista Municipal Code as it stands
today. Mrs. Click also referred to a letter sent to the City
Attorney which remains unanswered.
MSUC (McCandliss/Moore) to set the issue for Council consideration
at the last meeting in August and ask staff to work with the City
Attorney and the Mobilehome Owners Issues Committee to review
before that meeting.
Edmundo M. Leon, 184 Broadway, Space 50, explained to Council that
the rents are raised by the owners unfairly each time there is a
change of residents.
PULLED ITEMS
3g. REQUEST FOR CROSSWALK OR SIMILAR TRAFFIC SAFETY FOR THE
INTERSECTION OF JEFFERSON AND E AVENUES - Petition signed by 84
residents submitted by Edmundo M. Leon, 184 Broadway, Space 50,
Chula Vista 92010. The petition requests the safety measure to
assure a safe route for the more mature citizens reside in this
area. Staff recommends that this request be referred to staff
and the Safety Commission for study and report. The last study
conducted resulted in a decision not to install a crosswalk
and, following that, a traffic signal was installed at Woodlawn
Avenue.
Edmundo M. Leon, 184 Broadway, Space 50, appeared on behalf of the
senior citizen residents who live in that area and explained the
hardships that they endure because of the traffic on the street in
this area. The signal light that was installed is not convenient
to those who have difficulty walking.
MINUTES 21 - July 14, 1987
Mayor Cox stated the staff's recommendation was to have the Safety
Commission evaluate this and report back to a subsequent Council
meeting, and that Mr. Leon would be advised of that date.
MSUC (Malcolm/McCandliss) to approve the staff recommendation and
refer the item to the Safety Commission for study, and to notice
Mr. Leon of the meeting at which it is discussed.
3n. REQUEST FOR WAIVER OF CITY FEES AND TAXES FOR OCTOBER 17, 1987
ACTIVITIES IN CELEBRATION OF THE FIESTA DE LA LUNA - A. R.
Seacord, Fiesta de la Luna Parade Chairman, 158 2nd Avenue,
Chula Vista 92010. The City Manager recommends that this
request of all City fees and a reduction in normal liability
insurance requirements be referred to staff for additional
study and discussions with the JAYCEES in order to more clearly
define the total scope of activities planned, as well as
liability protection for some activities that may be provided
by other participants in the event. A reduction in the
liability coverage to $1 million for the overall parade day
activities cannot be recommended until a better understanding
is reached relative to those overall activities.
Mayor Cox read the staff recommendation to Mr. Alan R. Seacord, 160
Second Avenue, who appeared before Council.
MSUC (Cox/Moore) to approve staff recommendation.
At 8:57 p.m., Mayor Cox declared a recess and reconvened at 9:10
p.m.
4. REPORT RESPONSE TO LETTERS REGARDING HOUSE
REMODELING AT 165 MURRAY STREET - J.
Anthony Raso (Director of Planning)
Staff's report detailed the chronological events of Mr. Raso's
property development. Their recommendation is to direct staff to
proceed with ordinance enforcement which is consistent with
Council's August 5, 1986, Denial of Variance ZAV 86-26. That
enforcement would include action to:
a. Cease further building inspections of the premise.
b. Take appropriate enforcement action to bring about
compliance.
c. Direct the applicant to remove the fireplace, hot tub, and
door access to the attic area and place 2' x 6's over the
existing flooring in the upper level as originally
stipulated by the City Council. All work to be completed
within 30 days.
MINUTES - 22 - July 14, 1987
Mayor Cox directed staff, with the agreement of Councilmembers, to
consider this item and item No. 5 at the same time.
Planning Director Krempl brought Council up to date on the items
stating that the applicant recently questioned the feasibility of
opening the area over the swimming pool from both a financial and
practical point and a possible solution by increasing the lot area
by property acquired to the east. Staff explained that the
applicant proceeded, contrary to the intent of council, and now has
door access to the attic which is not shown on the plans, as well
as improvements to the area.
Joe Raso, 165 Murray Street, pointed out alleged discrepancies in
the staff report, and stated that at no time did the staff state
that the house was too large. Mr. Raso also stated written and
verbal authorization by staff was given to him relative to the
design on different occasions. Councilman Nader questioned and it
was confirmed that the roof over the swimming pool would resolve
the FAR problem.
The following people appeared before Council to oppose the item:
Helen Wadsworth, 175 Murray Street, explained that she resents the
taxpayers' time and money spent with Mr. Raso's non-compliance;
Patrick Blair, 181 Murray Street; and Dan Waugh, 156 Halsey Street,
who feel the deck on the top of the house should be removed
The following people appeared before Council in support of Mr.
Raso's endeavor: Kevin Kulhanek, 561-B Flower Street; Virgil
Johnson, 369 K Street; and Kitty Raso, 155 Murray Street.
Lois Myers who lives directly behind the subject home on Halsey
Street stated her wish to settle this issue quickly. In response
to Councilman Nader, Ms. Myers stated dissatisfaction with the
house in that it has invaded her privacy and reduced the price of
her own property. Mr. Myers, husband of the previous speaker,
explained hazards presented by the open deck on the top of the
house.
In an attempt to resolve the issue, Mayor Cox referred to errors by
both parties and asked Mr. Raso for his commitment to close off the
use of the third floor precluding this floor as a recreational
space, to which Mr. Raso agreed explaining that this could be done
within five working days. Mr. Raso offered also to make the deck
inaccessible.
M (Nader) to grant Mr. Raso a variance to allow the space over the
swimming pool to be remained enclosed, subject to the condition
that the deck on the third floor be made inaccessible within three
weeks, subject to the approval of staff. The Assistant City
Attorney advised that there is no request for a variance from the
applicant at this time, as required by the zoning ordinance.
MINUTES - 23 July 14, 1987
The Structural Engineer was called to the podium by Council and
stated three options - (1) to open the area above the pool and
leave the walls as they are which would cost from $15 to $20,000;
(2) demolish the area above the pool and finish with a glass
enclosure which would cost from $25 to $30,000; and (3) to demolish
the area above the pool and just leave the pool open would cost
about $10,000. All three would be structurally safe.
MS (Moore/Cox) to advise the owner that he should pursue a
variance, and coordinate with the staff to restrict access to attic
and to the sundeck area.
Councilmember McCandliss suggested staff be authorized, as events
develop that are agreeable to staff and owner, to begin abatement
so it does not have to come back to Council.
Harry Truesdale, 158 Murray Street, neighbor from across the
street, stated his concern that Mr. Raso is not made to live up to
the previous agreement made with Council, as a matter of principle.
Councilmember Moore withdrew his motion with the agreement of the
seconder.
MS (McCandliss/Malcolm) to approve the staff recommendation for all
work to be completed within thirty days. Motion failed by the
following vote:
Ayes - McCandliss, Malcolm
Nos Nader, Moore, Cox
MSC (Cox/Moore) to defer action and allow Mr. Raso to pursue a
variance and to ask staff to act as expeditiously as possible to
schedule this as a public hearing item. Councilman Nader
suggested, with the concurrence of the maker of the motion, that if
the application for variance is not completed within one week, the
item would be brought back for reconsideration. Councilmember
McCandliss noted no.
MSUC (McCandliss/Cox) that Council move ahead with enforcement of
the requirement that applicant remove access to the attic along
with the fireplaces and hot tub now existing.
5.REPORT CONSTRUCTION PROJECT EXCEEDING
BOUNDS/LIMITATIONS IMPOSED ON MR. RASO
(Acting Director Building and Housing)
At the City Council meeting of June 16, 1987, Mr. Joe Raso, in a
presentation to the City Council, noted three construction projects
which he felt exceeded the limitations imposed on his building
project. The City Council directed staff to investigate and report
on these structures. The structures in question are located at the
following locations:
650 Floyd Avenue
488 Minot Avenue (reported to be on Corte Maria)
616 Second Avenue (Greg Rogers House)
MINUTES - 24 - July 14, 1987
Staff has viewed the homes in question and note that Building Code
requirements and zoning ordinances change over the years. None of
the three houses investigated exactly match the situations involved
in Mr. Raso's house. However, the structure at 488 Minot Avenue is
the most similar in that the permitted plans do not reflect the "as
built" conditions. Therefore, the structure as built reflects
excessive lot coverage which will require the removal of some of
the already built structures in order to comply with the lot
coverage requirements. Staff concludes, therefore, that these
examples do not support any motion that projects are being
permitted which violate city ordinances in effect at the time of
construction.
(This item was considered at the same time as No. 4 above.)
9. RESOLUTION 13146 AUTHORIZING THE MAYOR TO EXECUTE AN
EASEMENT FOR UNDERGROUND FACILITIES AND
APPURTENANCES ACROSS CITY OWNED PROPERTY TO
SERVE KIDS UNLIMITED, A CHILD CARE CENTER
(Director of Public Works/City Engineer)
San Diego Gas and Electric Co.. has requested that the City grant
an easement and right-of-way in, upon, under and across certain
portions of City property to erect, construct, change the size of,
improve, reconstruct, relocate, repair, maintain, and use
facilities consisting of: 1) underground facilities and
appurtenances for the transmission and distribution of electricity;
and 2) communications facilities and appurtenances. This easement
is required by San Diego Gas and Electric so they may provide
utilities to Kids Unlimited, a child care center. Kids Unlimited
recently purchased an excess piece of property from the City of
Chula Vista, located at Telegraph Canyon Road and Paseo del Rey.
Councilmember Malcolm was concerned about allowing the easement
without charging a fee, and the Director explained that a hearing
requirement was to cooperate so that they could bring their
electrical equipment underground rather than across the freeway.
RESOLUTION offered by Mayor Cox the reading of the text was waived
by unanimous consent, passed and approved unanimously.
10.RESOLUTION 13147 EXTENDING THE CONTRACT WITH PRC
ENGINEERING, INC., FOR PREPARATION OF THE
CENTRAL CHULA VISTA GENERAL PLAN UPDATE
(Director of Planning)
In August 1986, the City entered into contract with PRC Engineering
Inc. to prepare an update of the City's General Plan. The total
contract amount was $228,000. This resolution would authorize the
expenditure of $3,150 for necessary work not covered by the present
contract.
MINUTES - 25 July 14, 1987
One of the General Plan components is the preparation of
alternative plan scenarios and a land use plan for the Central
Chula Vista portion of the City and to test the alternative
scenarios as to traffic impact, the socio-economic and land use
data for each of the scenarios which must be converted to traffic
area zones and transmitted to JHK, the traffic consultant.
The estimated cost to complete this effort is $3,150. No
appropriation is necessary. Monies from FY 1986-87 budget Traffic
Engineering professional services were carried over for this
purpose prior to the end of the fiscal year.
Councilman Malcolm questioned the time frame and Director of
Planning Krempl indicated they are on schedule, but hearings are
not contemplated to be completed until after the first of next
year. Testing is due in September and the document is to be
completed by the end of September.
RESOLUTION offered by Councilman Malcolm the reading of the text
was waived by unanimous consent, passed and approved unanimously.
MSUC (Malcolm/Moore) to tighten up the contracts of the City, as
well as a time line for conferences.
28. RESOLUTION 13148 APPROVING AN AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND SIMMARD TELECOMMUNICATIONS
CORPORATION FOR TELEVISION PRODUCTION
SERVICES (Management Services)
Included in the FY 1987-88 Non-Departmental Budget is $39,300 for
televising up to a year of regular Tuesday meetings of the City
Council on the Cox Cable Government Access Channel. Council
directed that staff negotiate a production agreement to televise
the meetings. Near the end of a six-month trial period, the
concept of televising meetings will be reviewed prior to continuing
the production agreement.
A maximum of $25,300 is required for the six month trial period
which includes one time costs totaling up to $8,900; $39,300 is
budgeted for one full year of televised meetings. Based on the
recommended production agreement, adequate funds are available to
continue televising meetings should Council decide to extend the
program to the end of the current fiscal year. The General Fund
will be reimbursed for 50% of the cost of this activity (40%
Redevelopment Agency, 10% SCOOT).
Councilwoman McCandliss brought to the attention of Council a
general perception that election year advantage would be given by
this item to Councilmen, suggesting that this be delayed until
December 1st or January 1st if the expenditure is appropriate.
MINUTES - 26 July 14, 1987
Councilman Malcolm believed that the more important issues could be
more readily brought to the public before appearing on the ballot
in November.
MSUC (Cox/Nader) to implement this contract effective December 1,
1987.
AMENDMENT TO THE RESOLUTION
MSUC (Cox/McCandliss) to change the term of the contract~ if
acceptable to the contractor, to include a six month period
starting from the first regular meeting of the Council in December
1987.
RESOLUTION offered b~ Ma~or Cox the reading of the text was waived
by unanimous consent, passed and approved unanimously.
29. RESOLUTION 13149 APPROVING AN AGREEMENT WITH CHARLES COSTA
ENTERPRISES FOR OPERATION OF THE CHULA
VISTA VISITOR CENTER (Deputy City Manager)
The Visitor Information Center has been operated by the City and
staffed by temporary contract employees since June 1, 1987. At the
budget review session of June 17, 1987, staff presented three
alternatives for operation of the Center, and the City Council
directed staff to negotiate an agreement based on the proposal
submitted by Charles Costa.
Adequate funds are available in the Bayfront Trolley Station budget
to cover the maximum $1,000 in the City/County costs of
janitorial/restroom supplies during the proposed six-month
contract. If the contract is renegotiated after the initial
six-month period, the operator may be required to pay rent and/or a
percentage of gross or net proceeds.
Councilwoman McCandliss restated the objectives for the Visitor
Information Center and questioned whether the emphasis would be on
the sale of souvenirs and sundry items as opposed to tourist
information.
Charles Costa, 840 Third Avenue, stressed that the agreement with
the City will be a strict one, that service will not falter and
will be personally supervised. Mr. Costa answered questions of
Council relative to the manner in which he will operate the Center.
M (McCandliss) to not accept the Resolution, and to refer back to
staff to develop an operational program for the Visitors Center.
Motional failed for a lack of a second.
Councilman Moore commented on his belief of relying on individuals
and their enthusiasm, and Councilman Nader believes the agreement
will protect the City. Mayor Cox stated his reservations but his
willingness to give Mr. Costa the opportunity to demonstrate within
the next six months.
MINUTES - 27 - July 14, 1987
RESOLUTION offered by Councilman Moore the reading of the text was
waived, passed and approved. Councilmember McCandliss voted no.
Councilmember McCandliss noted the lack of training manuals for the
treatment of visitors. Mr. Costa stated the Chamber of Commerce
has promised much support, and outlined his intentions for records.
31. ORDINANCE 2215 REZONING PORTIONS OF RANCHO DEL SUR FROM
R-1-H AND R-l-P-4 TO R-l-P-5 AND R-3-P-12 -
SECOND READING AND ADOPTION (Director of
Planning)
This item concerns a request to rezone 108.3 acres located on the
south side of Telegraph Canyon Road and bisected by Medical Center
Drive and the extension of East Naples Street.
On June 23, the ordinance was placed on first reading changing the
zoning from R-l-P-4 and R-1-H as follows:
From the centerline of the San Diego Gas & Electric easement,
the properties lying west of said area identified in the
development standards as areas 4 and 5 shall remain zoned
R- l-P-4.
All of the areas lying east from the centerline of the San
Diego Gas & Electric easement extending to the center of
Medical Center Drive shall be designated R-l-P-5. This
includes planning areas 2 and 3 as identified in the
development standards.
The area lying east of Medical Center Drive and north of the
extension of Naples Street identified as planning area 1 shall
be zones R-3-P-12.
The area lying east of Medical Center Drive and south of the
Naples Street extension identified as "future development"
approximately 2 1/2 acres in size, shall remain as R-1-H.
Mayor Cox explained that this item was asked to be pulled because
of his reservations about the smaller lots, and would like to look
closer at some of the examples provided by the applicant.
MSC (Cox/Moore) to continue this item to the regular meeting of
August 11, 1987. Councilman Malcolm voted no.
Questions of the tentative map procedure was discussed to clarify
the issue for the applicant.
John Ochsner, 600 B Street, Great American Development, stated his
disappointment with Council's action by delaying the project with
no definite reasoning.
MINUTES - 28 - July 14, 1987
SUBSTITUTE MOTION:
RESOLUTION offered by Councilmember Malcolm failed for the lack of
a second.
Councilman Nader stated the applicant has made a good point because
of the lack of new information. Mayor Cox explained his question
of "density bonuses", and the opportunity to look at some of the
projects cited, agreeing this is an unusual procedure and an
inconvenience.
Council recessed for five minutes.
36. REPORT PROPOSAL TO REQUIRE MINUTES TO BE TAKEN OF
CLOSED SESSION MEETINGS (Continued from
meeting of June 23, 1987) (City Attorney)
The City Attorney's detailed report deals with the question as to
whether minutes should be taken of closed session meetings
discussing litigation which would be made available to the public
at such time as the litigation is concluded. His recommendation is
that no minutes of closed session meetings dealing with litigation
be taken.
Councilmember Malcolm addressed this issue stating that State law
mandates that all state agencies be required to keep minutes or
recordings, and it is his belief that this is appropriate, and
would replace secrecy and deception with disclosure and trust.
When it is no longer necessary for the secrecy, the files could be
turned over to the public to make all Councilmembers accountable
for their actions.
The Assistant City Attorney cited sections of the Government Code
and the Brown Act by which his recommendation was made and that, if
minutes are kept, those minutes could actually be used against the
City. Councilmember Moore cannot remember a time when
Councilmembers violated public trust or the law, and stated that
the City Attorney was always present to assure that fact, and sees
no reason to support this issue; while Councilmember Nader viewed
these minutes as being useful for Councilmembers at times.
MSC (Cox/Moore) to accept the City Attorney's report and that will
be no requirement for minutes to be taken at closed session
meetings. (Councilmen Malcolm and Nader voted no)
38. REPORT TERRA NOVA SCHOOL SITE, POTENTIAL PURCHASE
OF SURPLUS JR. HIGH SCHOOL PROPERTY AT
RIDGEBACK ROAD AND WINDROSE WAY DRIVE
(Director of Planning)
MINUTES - 29 July 14, 1987
Several weeks ago Council requested additional confirmation as to
the legal issues involving possible City purchase of a school site
which the Sweetwater High School District intends to sell or
lease. In addition to the legal issues, staff from Planning,
Community Development and Parks and Recreation and Engineering have
been exploring the various land use questions associated therewith.
The recommendation is that Council direct an independent assessment
to determine the feasibility of purchase, resale for private
development and park expansion.
Councilmember Malcolm discussed a letter of intent from Bonita Road
Baptist Church to City to move their facilities with the
possibility of relocating a bowling alley. Staff should analyze
whether or not the City would want a bowling alley on that
property. If the Church moves, someone could go in there with no
zoning requirements and generate signifcantly more traffic than
than of a bowling alley, which generates traffic after non-peak
hours. Councilmember McCandliss' stated her only concern is the
traffic situation.
MSUC (Cox/Moore) to accept the staff recommendation with
understanding that staff should move as quickly as possible on this
item.
45. REPORT OF THE CITY MANAGER None.
46.MAYOR'S REPORT
a Chula Vista Boat Harbor Berthing Facility
At the Port Commission Meeting attended by the Mayor and
Councilman Moore, the Chula Vista Boat Harbor Berthing Facility was
approved, as well as possible harbor excursion and dinner cruises.
b. Bus Transportation to Nature Interpretive Center
The Governor's budget was signed and $150,000 was approved for
exhibits for the Nature Interpretive Center. The Coastal
Conservancy has scheduled this for their August meeting and then we
will have the exhibits for the Interpretive Center.
The bus transportation for the Center is being discussed by
Redevelopment Agency. There is a basic policy that Council needs
to make referencing whether or not to charge for this bus.
MSUC (Cox/Moore) to refer to staff for a report on whether there
should be a fee for the NIC bus.
c. Dog License Enforcement
Mayor Cox referenced a communication from a citizen who
reported that dog license violators are being cited proactively in
their homes. City Manager Goss stated this is contrary to
administrative policy and will follow up on this complaint.
MINUTES - 30 - July 14, 1987
d. Appointment of Council Member to the "Inter~urisdictional Task
Force"
Mayor Cox will reschedule this for another Council Meeting.
e. Discussion and Report: 1/2~ Sales Tax for Transportation:
At the meeting of June 23, 1987, Council approved a list of
City projects to be included as probable projects to be constructed
if the 1/2~ sales tax were approved. However, it was directed that
the issue be brought back to Council for consideration to see if
the Council still wished to support the 1/2¢ Sales Tax Ballot issue.
City Council in the past has gone on record by a split vote to
approve the 1/2¢ sales tax. Because of a feeling on the Council
that the South Bay was not receiving its fair share of the regional
funds for transit and highways, this item is being reconsidered.
Mayor Cox and Councilmember McCandliss met with former Senator
Mills, Chairman of MTDB and Tom Larwin to discuss the lack of
funding for transportation in the South Bay. It was recommended to
the SANDAG Advisory Committee that a portion of ~1,000,000 from the
1/2~ sales tax be earmarked to do the preliminary feasibility
studies to provide a second trolley line for the City of Chula
Vista going to the Otay Mesa area. There is provision now for a
route study for 125 separate from the sales tax issue.
Councilmember Malcolm stated that he was adamantly opposed to
this issue, stating that the time has come for the South Bay to get
their fair share. The South Bay residents cannot afford to be
taxed more than they will be getting back. The only new freeway
for the South Bay is connecting 1-805 to 94, but Chula Vista is the
only jurisdiction in the County not getting its fair share.
Mayor Cox stated he is not totally satisfied, but pointed out that
Chula Vista was the first recipient of the trolley service and
that, if counties do not match the state, there will be no money
for future projects and, therefore, the need to rely upon the sales
tax issue.
MSC (Cox/McCandliss) to reaffirm City Council's support of the 1/2~
Sales Tax. Councilman Malcolm and Councilman Nader voted no.
47. COUNCIL COMMENTS
MALCOLM:
a. Tentative Map Moratorium on all properties East of 1-805.
Because of a possible conflict of interest, Mayor Cox left the
meeting, and Mayor pro Tem Moore took the Chair.
MINUTES - 31 July 14, 1987
Mr. Peter Watry, 81 Second Avenue, Crossroads, recapped a series of
events and stated his pleasure at the progress made at this point.
Last March, Council was requested to establish a moratorium on all
properties east of 1-805 requiring a tentative map; (2) approve in
concept a General Plan oversight committee; and (3) approve in
concept the inclusion of a threshold type criteria. Council
seriously considered and major developers took part in the
process. Crossroads now believes in a serious moratorium on
General Plan Amendments, new Tentative Maps and on Building Permits.
In answer to Councilmember Moore's questions referencing
"thresholds", Mr. Watry gave examples of police and fire response
times, sq.ft, per thousand population, traffic, libraries, and
schools, adding that if a threshold is not met, that a condition
would be added.
Ken Baumgartner, representing the McMillin Development, 2727 Hoover
Avenue, National City represented the Rancho del Rey partnership,
supported the 90 day moratorium on tentative maps as being in the
best wishes of all.
Those who opposed were Jim Carter, 600 B Street, Great American
Development; and John Ochsner, of Great America Development.
Councilmember McCandliss suggested that Council not allow
exemptions and that all concerns be addressed during the
moratorium. Planning Director Krempl named the projects that would
be affected by a moratorium, as Terra Nova 1, Rio Otay Industrial,
the tentative map on file for Rancho del Rey. The Assistant City
Attorney stated immediate effectiveness if a 4/5 vote is received
this evening.
MSUC (Malcolm/Nader) to direct staff to bring back to Council an
Ordinance to the next regular meeting of Council for a tentative
map moratorium for ninety days east of 805 for residential projects
and exempting Rio Otay. (Mayor Cox was absent from the meeting.)
Councilmember McCandliss questioned whether the exemption would be
only for "residential projects".
b.REPORT MORATORIUM ON GENERAL PLAN AMENDMENT WITHIN THE
AREA EAST OF 1-805 (Director of Planning)
ORDINANCE 2219 ORDINANCE ESTABLISHING AN INTERIM MEASURE
DECLARING A MORATORIUM ON GENERAL PLAN
AMENDMENTS WITHIN THE AREA EAST OF 1-805,
EXEMPTING OTAY RIO BUSINESS PARK FOR A
PERIOD OF NINETY DAYS OR UNTIL THE GENERAL
PLAN IS AMENDED (FIRST READING AND ADOPTION
MINUTES - 32 July 14, 1987
ORDINANCE offered by Mayor Cox the reading of the text was waived
by unanimous consent, passed and approved.
Mr. Peter Watry, 81 Second Avenue, Crossroads, stated agreement
with the proposed ordinance.
Bob Santos, EastLake Development Company, stated that they have
worked closely with Crossroads, that they share the concern of
Council, and wish to be part of the solution. Mr. Santos requested
the City continue to allow processing of certain elements of their
plans that could be accomplished by outside consultants, and
flexibility be given to staff for delegation of time.
John Ochsner, 600 B Street, Great American Development, stated this
is a complicated issue and requested that clear direction be given
to staff so that they could move ahead.
Douglas Timm, 669 Redlands Place, architect, stated a blanket
moratorium would be unwise, causing housing costs to rise and a
stagnation of the community, and that, because growth is
inevitable, it might be wiser to evaluate the projects individually.
Mayor Cox explained that a top priority has been and must be the
General Plan update, and that a high priority should be traffic,
and that those who have general plans affected by this should be
allowed to talk with staff to decide what must next be done.
COUNCILMAN NADER:
c. An ordinance for the disabled at self service gas stations.
Councilmember Nader talked to a constituent that received such
service in another state. Research found that there is a section
of the Business and Professions Code which provides for this
service, and was amended in 1985 with a requirement for posting to
advise individuals of their rights under this law, enforceable by
any prosecuting authority.
MSUC (Nader/Moore) to refer to the City Attorney with the
direction that staff be advised of the law with directions that it
be included within the purview of zoning inspectors that, if they
happen upon a violation of notice requirement, they will issue a
citation; the City Attorney would prepare whatever form of
direction is appropriate. Councilmember Moore suggested the
addition of advising service stations of the law, which was agreed
to by the maker of the motion.
COUNCILMEMBERS McCANDLISS:
d. Discussion: Nature Interpretive Center Levee Road repair.
Councilmember McCandliss discussed whether the bus to the Center
should be running on a schedule before the roadway is completed,
rather than on an as-needed basis; and will bring this to the
Thursday meeting of the Redevelopment Agency.
ADJOURNMENT 1:00 a.m. to regular meet~of July ~l_, 1983 at 7 p.m.
Jennie M. Fulasz, CMC,
~j~) ~ City Clerk
Jean Fg~une, Deputy City Clerk