HomeMy WebLinkAboutcc min 1987/08/11 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
City Council did not meet in Closed Session at 6:30 p.m.
Tuesday, August 11, 1987 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Councilmembers Nader, Moore, Mayor Cox,
Councilmembers McCandliss, Malcolm
MEMBERS ABSENT: None
STAFF PRESENT: Assistant City Manager Asmus; City
Attorney Harron
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 for the meeting of August 4, 1987.
MSC (McCandliss/Nader) to approve Minutes for the Meetings of
August 4, 1987, as amended (Council Tour noted for September 12,
1987). (Mayor Cox abstained)
2. SPECIAL ORDERS OF THE DAY
a. INTRODUCTION OF GUESTS FROM SISTER CITY LINK OF
CAMBRIDGESHIRE, ENGLAND Eric Money-Penny, Chairman of the
International Friendship Commission
Chairman Money-Penny introduced the honored guests as well as
their host families.
Mayor Cox welcomed the guests on behalf of the City of Chula
Vista, and expressed appreciation to the host families for their
support and cooperation. Mayor pro Tempore Moore presented a book
of the History of Chula Vista to the group which was accepted by
Mrs. Bettie Sweet.
Mrs. Bettie Sweet thanked the City Council and reciprocated by
presenting the City of Chula Vista with a framed map of the County
of Cambridgeshire. Mrs. Sweet also expressed the group's hope of
forming a school student exchange in March or April 1988.
b. PROCLAMATION RECOGNIZING THE CONTRIBUTION OF THE MILITARY
COMMUNITY
Mayor Cox summarized the content of the Proclamation which
declared support of the Chamber of Commerce' program "Accolades"
recognizing a time to honor and appreciate the contributions of
sailors, marines, airmen, soldiers and coastguardsmen who reside
in the City of Chula Vista.
MINUTES - 2 - August 11, 1987
c. TEN MINUTE PRESENTATION - SHARE SYMPOSIUM ON HUNGER
Peter Meisen, Community Relations, SHARE, 5255 Lovelock Street,
San Diego 92110, addressed the Council and explained the network
of Share in the various communities, specifically, in Chula Vista,
and requested cooperation from the Council to host a Share Forum.
MSUC (Cox/McCandliss) to refer this issue to staff as well as the
Human Relations Commission or the Commission on Aging, to
coordinate with the Lions Club regarding the question of
involvement by the City and to report back to Council.
CONSENT CALENDAR (Items 3a 17)
Mayor Cox announced the following items pulled from the Consent
Agenda as items 3a, 7, 9, 13a and b, 15, 16 and 17.
MSUC (Cox/Moore) to approve the balance of the Consent Calendar.
3. WRITTEN COMMUNICATIONS
a. REQUEST TO SETTLE DIFFERENCES REGARDING PLANS FOR GUNPOWDER
POINT AND TO CONSIDER RECORDATION OF CLOSED SESSIONS - Pulled
from the Consent Agenda.
b. REQUEST FOR RESPONSE TO DRUG ABUSE STRIKE FORCE REPORT -
Supervisor Susan Golding, 1600 Pacific Highway, San Diego
92101. Council directed staff to evaluate the recommendations
as they pertain to the City of Chula Vista.
3c. RESIGNATION FROM MONTGOMERY PLANNING COMMITTEE - J.O. Lee
Solomon. Council accepted Mr. Solomon's resignation with
regret and directed that a letter of appreciation be sent to
Mr. Lee. Notice of Vacancy on this Committee has been posted
and copies mailed to the local newspaper.
d. REQUEST FOR FUNDING FOR PARTICIPATION IN THE IRON MAN
TRIATHLON IN HAWAII, Firefighter John Bates. Council directed
staff to further evaluate partial funding for Firefighter
Bates as the City's official representative in the Triathlon.
4. RESOLUTION 13187 APPROVING AMENDED AGREEMENT FOR THE CITY
OF CHULA VISTA TO PROVIDE POLICE
PROTECTION SERVICES ON SAN DIEGO UNIFIED
DISTRICT PROPERTY LOCATED IN THE CITY OF
CHULA VISTA AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
This Agreement, now amended, was first enacted in August of 1984.
The Port has agreed to pay the City $77,750 for fiscal year
1987-88, an increase equivalent to 5.7%
MINUTES 3 - August 11, 1987
5. RESOLUTION 13188 APPROVING AN AMENDMENT TO THE CONTRACT
WITH JHK AND ASSOCIATES FOR DEVELOPMENT OF
THE CIRCULATION ELEMENT FOR THE GENERAL
PLAN AND APPROPRIATING FUNDS THEREFOR
Council recommended of this amendment to the contract and the
appropriation of $7,000 from the unappropriated balance of the
EastLake I Development Impact Fund for the additional work.
6. RESOLUTION 13189 APPROVING CHANGE ORDER NO. 1, PLACEMENT OF
CHIP SEAL (1987-88 PROGRAM) ON VARIOUS
STREETS IN THE CITY OF CHULA VISTA AND
AUTHORIZING THE CITY ENGINEER TO EXECUTE
THE CHANGE ORDER ON BEHALF OF THE CITY
Council approved the Change Order negotiated by Staff, resulting
in an increase of $49,216.79 to the $114,373.32 original bid
awarded in July 1987 to Sim J. Harris.
7. RESOLUTION APPROVING AGREEMENTS WITH GEORGE T.
SIMPSON AND WILLDAN ASSOCIATES FOR
CONSULTANT SERVICES FOR THE PREPARATION OF
A FINANCING PLAN FOR THE PROPOSED EASTLAKE
I EXPANSION AREA - Pulled from the Consent
Agenda.
8. RESOLUTION 13190 APPROVING AGREEMENTS FOR REPAYMENT OF
FUNDS ADVANCED FOR CONSTRUCTION OF
DEFERRED IMPROVEMENTS IN "D" STREET AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
Council approved execution of agreements between Ralph and Lora
Paxton, and from Carol Hauenstein; and directed the City Clerk to
record said agreements.
9. RESOLUTION SUPPORTING THE ABOLITION OF JOINT AND
SEVERAL LIABILITY (City Attorney) - Pulled
from the Consent Agenda.
10. RESOLUTION 13191 SUPPORTING THE ESTABLISHMENT OF A
NON-PROFIT CALIFORNIA CITIES MUTUAL
INSURANCE COMPANY
Council supported the proposal of a mutual insurance company to
achieve adequate insurance at reasonable rates to its members.
11. RESOLUTION 13192 AUTHORIZING THE DESTRUCTION OF CERTAIN
PERSONNEL DEPARTMENT RECORDS
There is no requirements under the law to retain certain records
no longer needed as prescribed under Government Code Section
34090. The City Attorney consents to the destruction of the
records referenced in Exhibit A and attached to the Resolution..
MINUTES - 4 - August 11, 1987
12. RESOLUTION DELETED FROM THE AGENDA
13a 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 - Pulled
from the Consent Agenda.
b. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND RANCHO DEL SUR TO WAIVE
STATUTORY DENSITY BONUS AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT -
Pulled from the Consent Agenda.
14. ORDINANCE 2223 AMENDING SECTION 18.20.110 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO THE TIME
FOR FILING A FINAL PARCEL MAP - FIRST
READING
Council considered this Ordinance to extend the tentative parcel
maps' expiration period to two years as a minimum to reflect the
current Subdivision Map Act requirements.
15. REPORT CONCERNING APPLICABILITY OF CITY'S
MOBILEHOME RENT MEDIATION ORDINANCE -
Pulled from the Consent Agenda.
16. REPORT ON INSTALLATION OF PROPOSED BUS STOP SIGN
IN CHULA VISTA BY THE METROPOLITAN TRANSIT
DEVELOPMENT BOARD (MTDB) - Pulled from the
Consent Agenda.
17. REPORT REGARDING A REQUEST TO INSTALL A CROSSWALK
ACROSS THIRD AVENUE AT "D" STREET NEAR
FREDERICKA MANOR - Pulled from the Consent
Agenda.
ORDINANCE ESTABLISHING A PRIMA FACIE SPEED LIMIT OF
25 MILES PER HOUR ON THIRD AVENUE BETWEEN
"C" STREET AND "E" STREET - Pulled from
the Consent Agenda.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
18a. PUBLIC HEARING GPA-87-2: CONSIDERATION OF AN AMENDMENT TO
THE LAND USE ELEMENT OF THE GENERAL PLAN
DESIGNATING 4.0 ACRES, LOCATED AT THE
SOUTHWESTERLY CORNER OF BROADWAY AND
FLOWER STREET, FROM THOROUGHFARE
COMMERCIAL TO THROUGHFARE COMMERCIAL AND
HIGH DENSITY RESIDENTIAL
MINUTES - 5 - AUgust 11, 1987
b. PUBLIC HEARING PCZ-87-L: CONSIDERATION TO REZONE 2.6
ACRES LOCATED AT THE SOUTHEAST CORNER OF
FLOWER STREET AND JEFFERSON AVENUE FROM
C-T TO R-3 - APPEL DEVELOPMENT Company
(Director of Planning)
ORDINANCE REZONING 2.6 ACRES FROM C-T TO C-C-P
FIRST READING
Mayor Cox announced that Council will consider both 18a and 18b at
one time. This being the time and place as advertised, the public
hearings were declared open.
Director of Planning Krempl discussed the staff recommendation of
denial of the subject amendment request, relating the reduction of
the depth of any commercial segments of the Broadway Strip which
would impede its commercial revitalization and progress; the City
need not divert commercial territory to residential use in order
to meet its housing needs; and any consideration of a General Plan
Amendment should await completion of the GP update. Staff is
recommending approval of rezoning to C-C-P (Central Commercial
with Precise Plan). If the General Plan Designation is changed to
High Density Residential, a R-3-P-22 rezoning is recommended.
Jay A. Wexler, 3254 Holiday Court, LaJolla, CA 92037, Public
Administrator for Appel Development opposed the recommendation of
staff, confirmed his knowledge of the area and the project to be
an "economically, intelligent and appropriate proposal" for this
site.
Ron Barefield, 2254 San Diego Avenue, San Diego, and Project
Manager for Appel Development presented a brochure to each
Councilmember containing aerial photos of the area proposed and as
it stands today and a SANDAG study outlining percentages of
multiple housing in Chula Vista and neighboring cities. Mr.
Barefield stated, in Appel Development's opinion, the property is
inappropriately designated and inappropriately zoned.
There were no others to speak for or against this item, and the
Mayor declared the public hearing closed.
Mayor Cox pointed out that the proximity of the mass transit, and
the fact that the proposed project would be a beneficial buffer
between the school and the commercial area. Councilwoman
McCandliss agreed it is a residential low-activity area but a
problem exists with developing the site before deciding upon the
commercial depth on Broadway, suggesting this issue wait until the
General Plan is updated.
M (Moore) to wait until the General Plan update is completed to
make the decision, considering the overloaded schools and the
generation of more traffic.
MINUTES - 6 - August 11, 1987
SUBSTITUTE MOTION
MSC (McCandliss/Nader) to accept staff's recommendation to approve
the draft Negative Declaration and to deny GPA-87-2. (Mayor Cox
voted no.)
Councilman Malcolm commented on the direction of staff relative to
the General Plan and encouraged the developer to participate with
the ongoing discussions of the General Plan.
19. ORAL COMMUNICATIONS
Dorothy P. Hurdlow, 754 Date Avenue, Chula Vista (422-4950),
reported to Council the presence of an automobile repair business
in her neighborhood at 748 Date Avenue, which generates a general
nuisance with the junk cars, tow truck, etc. necessary for this
business. Ms. Hurdlow questioned whether or not such a business
license should be issued in an R-1 zone.
MSUC (Cox/Nader) to direct staff to investigate the complaint and
to abate the problem if it exists, or report back to Council.
PULLED ITEMS
3a. REQUEST TO SETTLE DIFFERENCES REGARDING PLANS FOR GUNPOWDER
POINT AND TO CONSIDER RECORDATION OF CLOSED SESSIONS -
Assemblyman Steve Peace, 430 Davidson Street, Suite B, Chula
Vista 92010.
Councilmember Nader requested this item be pulled from the Consent
Agenda because the recent court decision of August 10.
MSUC (McCandliss/Cox) to trail the item to the end of the meeting
to be addressed again publicly or in closed session relative to
the direction Council will take.
7. RESOLUTION 13193 APPROVING AGREEMENTS WITH GEORGE T.
SIMPSON AND WILLDAN ASSOCIATES FOR
CONSULTANT SERVICES FOR THE PREPARATION OF
A FINANCING PLAN FOR THE PROPOSED EASTLAKE
I EXPANSION AREA (Director of Public
Works/City Engineer)
The EastLake Development Company is in the process of preparing a
General Plan Amendment to include EastLake I and has requested the
City to prepare a Financing Plan for public facilities which will
be required by the expanded development in conformance with
Council Policy. It is proposed to retain consultants for the
preparation of the Plan for which all costs will be paid for by
the developers.
MINUTES 7 August 11, 1987
Councilwoman McCandliss pulled the item
for clarification of the "Eastlake I
Expansion Area". Staff explained that the
area does include EastLake Greens.
RESOLUTION OFFERED BY Councilwoman McCandliss, the reading of the
text was waived by unanimous consent, passed and approved
unanimously, with the additional comment that future titles state
the exact subject.
9. RESOLUTION 13194 SUPPORTING THE ABOLITION OF JOINT AND
SEVERAL LIABILITY (City Attorney)
Staff recommended that the League of California Cities be urged to
support this legislation. Proposition 51 did not eliminate the
"abusive process" whereby cities are sued as a "deep pocket" when
the damages are attributable to third parties unrelated to the
City. This proposal would easily be understood by the layman and
result in a defendant paying only its share of the damages.
Councilman Nader questioned the resolution as worded in that a
victim could, in some cases, be required to shoulder the cost, and
suggested substitute wording. Councilmembers discussed the
purpose of the resolution.
RESOLUTION OFFERED BY Councilman Malcolm, the reading of the text
was waived by unanimous consent, passed and approved. (Councilman
Nader voted no.)
13a 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 (Continued
from meeting of July 14, 1987)
b. RESOLUTION 13195 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND RANCHO DEL SUR TO WAIVE
STATUTORY DENSITY BONUS AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
Council was provided illustrative examples of other projects which
have been successfully planned, marketed and built to address the
design and integrity of the small lot concern. With respect to
the density bonus issue, the applicant has offered to execute a
covenant, in recordable form, that they shall not apply for a
density bonus relative to the apartment site project and waive all
rights thereto. Staff recommended, and the City Attorney
concurred that Council approve the resolution.
MS (Cox/McCandliss) to amend the Ordinance, Section III, to state
the Ordinance would not go into effect until (1) completion of the
General Plan Amendment currently under consideration, and (2) the
owner enters into a written agreement in which they agree to be
bound by the regulations adopted as part of the General Plan
Amendment.
MINUTES - 8 - August 11, 1987
Mayor Cox explained that the intent was to allow the developer to
go forward with the TentatiVe Map and to come back with the final
map, stating up front that whatever conditions are established
would be applicable.
R. John Ochsner, Great American Development Company, 600 B Street,
San Diego, stated agreement to the motion but questioned, and the
City Attorney explained, the effective date of the ordinance.
Following a 9:05 to 9:13 p.m. Council recess, the City Attorney
suggested wording for the amendment; and
SUBSTITUTE MOTION
MSC (Cox/McCandliss) to amend the condition to state the zoning
becomes effective thirty days after the second reading and the
execution by both parties or a Development Agreement whereby the
applicant would agree to abide by whatever standards the City
would adopt pursuant to General Plan Amendment and this to become
effective upon whichever of the two occurs last. (Councilman
Malcolm voted no.)
RESOLUTION AS AMENDED OFFERED BY Mayor Cox, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
Councilman Malcolm stated disappointment with Council action,
suggesting that all tentative maps be treated with the same rules.
15. REPORT CONCERNING APPLICABILITY OF CITY'S
MOBILEHOME RENT MEDIATION ORDINANCE
(Community Development Director)
In reply to Council's request for a report on this issue, staff
stated the Mobilehome Issues Committee has not yet taken a
position on these issues and the item will return to Council.
Councilmember Malcolm stated that an ordinance for trailers should
be separate from the ordinance for mobilehomes.
MS (Malcolm/Moore) that the report be amended, immediately
following this Thursday's meeting of the Mobilehome Issues
Committee and direct staff to bring back to Council on the
following Tuesday, a report from the Mobilehome Issues Committee
along with an ordinance, if the Council should desire to adopt it,
at the earliest convenience.
MSUC (Moore/Malcolm) to accept the report and to advise the
Mobilehome Issues Committee, through the staff's representative to
that committee, that Council's intent is for a separate ordinance,
and to come back to Council for consideration on August 25th.
MINUTES - 9 - August 11, 1987
16. REPORT ON INSTALLATION OF PROPOSED BUS STOP SIGN
IN CHULA VISTA BY THE METROPOLITAN TRANSIT
DEVELOPMENT BOARD (MTDB)
The MTDB has developed a prototype regional bus stop sign. To
test both public and bus driver reaction before finalizing the
design, MTDB staff is planning to install the new signs at bus
stops along the new 932 route on September 12th. Signs in Chula
Vista would be placed on Broadway Avenue, "E" Street and Woodlawn,
replacing the existing San Diego Transit and Chula Vista Transit
signs.
Mr. Lieberman of the Metropolitan Transit Development presented a
sample sign to accommodate four lines of the system with an
information telephone number. The signs would indicate to users
of the system that all systems work in one unit with available
transfers along the route.
MSUC (Moore/Cox) to accept the staff report.
17. REPORT REGARDING A REQUEST TO INSTALL A CROSSWALK
ACROSS THIRD AVENUE AT "D" STREET NEAR
FREDERICKA MANOR
ORDINANCE ESTABLISHING A PRIMA FACIE SPEED LIMIT OF
25 MILES PER HOUR ON THIRD AVENUE BETWEEN
"C" STREET AND "E" STREET
Staff recommended either that the City not install the requested
crosswalk and adopt an ordinance reducing the speed limit or to
order the installation of four-way stop signs at "D" Street and
Third Avenue with no reduction in speed limit.
Craig R. Wyble, 3209 Casa Bonita Drive, Chula Vista of the
Fredericka Manor Convalescent Hospital, stated his opposition to
staff's recommendation because of the safety factor on such a
dangerous crossing.
Councilwoman McCandliss agreed with the danger at this
intersection but doubted a traffic control would help at the site
because of the hill. The advisability of a crosswalk, a four way
stop, as well as the urgency to assure the safety pedestrians at
the site was discussed by Councilmembers, including a mid-block
island with signal/button for pedestrians.
MS (Cox/Nader) to install a four way stop at the intersection.
SUBSTITUTE MOTION
MSUC (McCandliss/Malcolm) for continuance Of the item for one week
for the purpose of visiting the site to attain a better
understanding.
MINUTES 10 - August 11, 1987
20° REPORT OF THE CITY MANAGER
a. Assistant City Manager Asmus provided Council with a
diagram of the Bonita Long Canyon Restroom, advising that work is
proceeding.
b. A brochure on the Display Module was handed to
Councilmembers relative to the usefulness by various departments.
21. MAYOR'S REPORT
a. DESIGNATION OF VOTING DELEGATE FOR LEAGUE ANNUAL CONFERENCE
MSUC Cox/Moore) to designate Councilwoman McCandliss as the
Voting Delegate at the League of California Cities Annual
Conference with Mayor Cox as the Alternate.
b. MSUC (Cox/Moore) to establish the following two-member
committees to negotiate salary and compensation adjustments
for the City Manager, the City Attorney and the City Clerk:
Councilmembers McCandliss and Malcolm - City Manager
Councilmembers Nader and Moore - City Attorney
Mayor Cox and Councilmember Moore - City Clerk
22. COUNCIL COMMENTS
COUNCILMAN MALCOLM:
a. Report Of the Legislative Committee regarding Legislative
items impacting the 1987 Legislative Program:
MSUC (Malcolm/Cox) to support Assembly Bill 2505, State Water
Project.
COUNCILWOMAN MCCANDLISS:
b. Because of the unavailability of Hotel Consultant Kordsmeyer,
the possibility of changing the date of the scheduled
Redevelopment Agency's Workshop was discussed.
MSUC (McCandliss/Malcolm) to schedule the Redevelopment Agency
Workshop for Thursday, August 20 at 7:00 p.m. Councilman Malcolm
amended, which was agreeable to the maker of the motion, that the
Workshop be scheduled following the regular meeting of the Agency
which will be recessed awaiting the arrival of the Mayor.
c. Sign Ordinance/Grandfather Clause - The sign at Chula Vista's
Swap Meet was questioned and whether the Clause applied to this
business. Staff advised 1989 as the year scheduled to address the
various signs, to update those not in conformity, and proceed with
an organized program.
MSUC (McCandliss/Nader) that the sign ordinance and the
grandfather clause come back to the Council for review, to either
amend or decide to wait until 1989.
MINUTES - 11 - August 11, 1987
COUNCILMAN MOORE
d. The National City Centennial Parade is scheduled for 2 p.m. on
Sunday,September 20, and Councilmembers are invited to attend.
Chula Vista's Diamond Anniversary float is being reconstructed for
entry into the parade, along with the "Old Goose" Fire Truck for
the occasion.
COUNCILMAN NADER
e. MSC (Nader/Moore) to recess into Closed Session to discuss
litigation of Sierra Club vs. Marsh at 10:18 p.m. (Mayor Cox and
Councilman Malcolm voted no.)
The City Clerk was excused and the Deputy City Manager reported
the session ended at 11:05 p.m. Deputy City Manager Morris
reported the Council took action during Closed Session to continue
item 3a to the Redevelopment Agency Meeting of August 20, 1987.
ADJOURNMENT AT 11:05 p.m. to the meeting of August 18, 1987 at
7:00 p.m.
JENNIE M~k , M
une, Deputy City Clerk