HomeMy WebLinkAboutcc min 1987/08/25 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, August 25, 1987 Council Chamber
7:80 p.m. Public Services Building
ROLL CALL
COUNCILMEMBERS PRESENT: Nader, Moore, Mayor Cox, McCandliss
COUNCILMEMBERS ABSENT: Malcolm
STAFF PRESENT: City Manager Goss, 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
MSUC (Moore/McCandliss)) to approve Minutes for the meetings of
August 17 and August 18, 1987, as amended noting National City's
Centennial Parade is scheduled for September 20, 1987.
2. SPECIAL ORDERS OF THE DAY
a. PROCLAMATIONS - WELCOMING NORIKO FUJIWARA, FUMIHIRO OZAWA,
HIDEMI KIUCHI FROM KANAGAWA PREFECTURE, JAPAN - The City of
Chula Vista is affiliated with Odawara, Japan to carry out
programs of mutual benefit and interest through its host, Chula
Vista International Friendship Commission. Council welcomed
the three students from the City of Odawara and Mayor Cox was
presented with a gift from the Mayor of Odawara. Mayor pro
Tempore Moore presented the Proclamations.
b. PROCLAMATION - PROCLAIMING AUGUST 27, 1987 AS "SOUTHWOOD
PSYCHIATRIC CENTER APPRECIATION DAY". Mayor Cox read the
Proclamation while Mayor pro Tempore Moore presented it to Jim
LeBaron of the Psychiatric Center. On behalf of the Council,
Mayor Cox commended the staff of the Center for their
dedication and commitment to psychiatric care for the children
and adolescents of the community with the opening of a new
facility.
CONSENT CALENDAR (3a - 21)
3. WRITTEN COMMUNICATIONS
MSUC (Moore/McCandliss) to approve the items on the Consent
Calendar with the exceptions of items 16, 18, 19, 20, and 21.
MINUTES - 2 August 25, 1987
a. REQUEST THAT NO PARKING AT ANY TIME BE PERMITTED ON THE WEST
SIDE OF 1400 BLOCK OF HILLTOP DRIVE. (Petition with 62
signatures submitted by Linda H. Mumby, 1420 Hilltop Drive
#103, Chula Vista 92011).
Vehicles are permitted to park on the west side of Hilltop which
completely block a driver's view of on-coming traffic. Council
directed that this petition be referred to staff for study and
report.
b. REQUEST THAT THE CHULA VISTA ETHICS COMMITTEE BE CALLED INTO
SESSION TO INVESTIGATE A POTENTIAL CONFLICT OF INTEREST BY
COUNCILMAN DAVID MALCOLM (Frank A. Scott, 4 E. San Miguel
Drive, Chula Vista, CA 92011).
Council accepted the City Attorney's suggestion to forward this
letter to the individual members of the Board of Ethics for their
information and consideration of the facts.
4. RESOLUTION 13206 ACCEPTING, DEDICATING AND NAMING CERTAIN
REAL PROPERTY IN SAID CITY FOR STREET AND
HIGHWAY PURPOSES LOCATED ON DATE STREET
Date Street, designated as a residential collector street in the
General Plan, requires a street easement width of 60 feet per Code
Section 12.24.010. The owners of this property have been required
to grant an additional 7.5 feet easement for street purposes.
5. RESOLUTION 13207 ACCEPTING PUBLIC IMPROVEMENTS TRAFFIC
SIGNAL INSTALLATION AT BONITA ROAD AND
ALLEN SCHOOL ROAD IN THE CITY OF CHULA
VISTA
TCB Electric Inc. completed the installation of the traffic signal
which was completed to the satisfaction of the City Engineer. The
City will maintain the traffic signal.
6. RESOLUTION 13208 ACCEPTING, DEDICATING AND NAMING CERTAIN
REAL PROPERTY IN SAID CITY FOR STREET AND
HIGHWAY PURPOSES LOCATED AT "F" STREET AND
LANDIS AVENUE
Adler General Partnership has been required to construct a sidewalk
ramp at the northwest corner of "F" Street and Landis Avenue.
Additional right-of-way is necessary for the installation of this
sidewalk ramp.
7a. RESOLUTION 13209 ACCEPTING CONTRACT WORK, CONSTRUCTION OF 5
Mg STEEL RESERVOIR AND APPURTENANCES IN THE
COUNTY OF SAN DIEGO (EASTLAKE ASSESSMENT
DISTRICT 85-2, CONTRACT I) APPROVING CHANGE
ORDER NO. 2 TO THE CONTRACT, AND
AUTHORIZING THE CITY ENGINEER TO EXECUTE
THE CHANGE ORDER ON BEHALF OF THE CITY
MINUTES - 3 - August 25, 1987
b. RESOLUTION 13210 ACCEPTING PUBLIC IMPROVEMENTS -
CONSTRUCTION OF 20 INCH OFF-SITE WATER
PIPELINE, TELEMETRY CONDUIT SYSTEM AND
APPURTENANCES IN THE COUNTY OF SAN DIEGO
(EASTLAKE ASSESSMENT DISTRICT 85-2,
CONTRACT IIIB)
c. RESOLUTION 13211 ACCEPTING PUBLIC IMPROVEMENTS
CONSTRUCTION OF OTAY LAKES ROAD, SEWER AND
WATER LINES, AND ALL APPURTENANCES IN THE
CITY OF CHULA VISTA (EASTLAKE ASSESSMENT
DISTRICT NO. 85-2, CONTRACT IIIA)
d. RESOLUTION 13212 APPROVING CHANGE ORDER NO. 9 FOR
CONSTRUCTION OF 980 ZONE PUMP STATIONS AND
APPURTENANCES (EASTLAKE ASSESSMENT DISTRICT
85-2, CONTRACT II), AUTHORIZING THE CITY
ENGINEER TO EXECUTE THE CHANGE ORDER ON
BEHALF OF THE CITY AND EXTENDING THE
CONTRACT TIME FOR THIS PROJECT
In late 1986 and early 1987, the Council awarded four contracts for
the construction of the water improvement infrastructure needed to
serve the EastLake Planned Development:
Phase I, 5 Mg Steel Reservoir, Trusco Co.; Phase 2, 980 Zone
Pump Station, Olson Construction Co.; Phase 3A, Construction of
Otay Lakes Road, sewer and water lines and all appurtenances,
Olson Construction Co.; Phase 3B, 20-inch off-site water
pipeline, Thibodo Construction Co., Contractor.
In addition to construction costs in which the City is reimbursed
by the developer, the City will maintain the sewer and surface
improvements provided by the developer on Otay Lakes Road.
8. RESOLUTION 13213 APPROVING 1986-87 GRANTEE PERFORMANCE
REPORT AND AUTHORIZING ITS SUBMITTAL TO THE
U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
The City annually submits a Grantee Performance Report to the U.S.
Department of Housing and Urban Development. The GPR reports the
amount of CDBG funds spent and the progress of the funded projects
as of the end of the fiscal year. The 86-87 GPR has been drafted
and advertised for review by the public and no comments have been
received.
9. RESOLUTION 13214 AFFIRMING THE TRIAL TRAFFIC REGULATION
INCREASING THE SPEED LIMIT ON RUTGERS
AVENUE BETWEEN OTAY LAKES ROAD AND EAST "H"
STREET
MINUTES - 4 - August 25, 1987
The proposed increase in speed limit from 25 mph to 30 mph is in
the interest of minimizing traffic hazards and congestion and
promotion of public safety.
10. RESOLUTION 13215 AFFIRMING THE TRIAL TRAFFIC REGULATION
INCREASING THE SPEED LIMIT ON EAST "H"
STREET BETWEEN 800 FEET WEST OF OTAY LAKES
ROAD AND RUTGERS AVENUE
The proposed increase in speed limit from 25 mph to 35 mph is in
the interest of minimizing traffic hazards and congestion and
promotion of public safety.
11. RESOLUTION 13216 AFFIRMING THE TRIAL TRAFFIC REGULATION
REDUCING THE SPEED LIMIT ON EAST "H" STREET
BETWEEN RUTGERS AVENUE AND EASTLAKE DRIVE
The proposed decrease in speed limit from 55 mph to 45 mph is in
the interest of minimizing traffic hazards and congestion and
promotion of public safety.
12a.RESOLUTION 13217 REVISING SALARY BANDS FOR EXECUTIVE
MANAGEMENT PERSONNEL FOR FISCAL YEAR
1987-88
The proposed schedule increases each band by 9%, and The Assistant
City Attorney position was placed in the E-4 band.
b. RESOLUTION 13218 ESTABLISHING COMPENSATION PLAN FOR MIDDLE
(as Revised) MANAGEMENT EMPLOYEES FOR FISCAL YEAR 1987-88
Based on the salary survey, staff recommended that middle
management employees be granted a 5% salary increase as of July
1987 and an additional 1% contribution to PERS be paid effective
January 1988.
Staff recommended the salary of the new position, Executive
Director of Bayfront Conservancy Trust, be increased to $52,000
when certain specific conditions are met which include the
completion of training, the development of office/finance
procedures, the development of a new goals statement with a team
building plan, and an identification of policies and procedures
relative to the operation of the Center and the development of a
more realistic goal and accomplishment procedures for fundraising
for the Nature Interpretive Center.
City Manager Goss clarified that the resolution should be adjusted
for Police Captain to reflect an additional 1% for July 1, 1987.
c. RESOLUTION 13219 ESTABLISHING EXECUTIVE & MIDDLE MANAGEMENT
FRINGE BENEFITS FOR FISCAL YEAR 1987-88
MINUTES - 5 - August 25, 1987
Recommendations include that the market basket for executive
managers and middle managers be increased by $233; an additional
provision of 1% to PERS for middle management employees; life
insurance amounts increased; additional money set aside for
professional enrichment and the position of Environmental Review
Coordinator be moved to middle Management.
d. RESOLUTION 13220 ESTABLISHING COMPENSATION FRINGE BENEFIT
PLAN FOR UNREPRESENTED/UNCLASSIFIED
EMPLOYEES FOR FISCAL YEAR 1987-88
The Personnel Analyst' unrepresented position will receive the same
benefits as those employees in CVEA; and the unclassified employees
will receive the same "special" increase as secretaries represented
by CVEA. The market basket for each position was increased by $233.
e. RESOLUTION 13221 APPROVING WAGES FOR UNCLASSIFIED HOURLY
EMPLOYEES FOR FISCAL YEAR 1987-88
The unclassified hourly employees will receive a 4% increase
effective 7/31/87 and an additional 2% effective January 1, 1988.
13. ORDINANCE 2223 AMENDING SECTION 18.20.110 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO THE TIME
FOR FILING FINAL PARCEL MAPS - SECOND
READING AND ADOPTION
The amendment to Section 18.20.110 of the Municipal Code reflects
changes in the current Subdivision Map Act.
14. ORDINANCE 2224 LEVYING TAXES ON ALL PROPERTY IN THE CITY
OF CHULA VISTA FOR THE FISCAL YEAR 1987-88
- FIRST READING AND ADOPTION
Annually the Council is required by Proposition 13 to set the
necessary tax rate for voter approved debt service. The proposed
tax rate will generate $90,706 in property taxes which amount is
necessary for debt service on the Police Facility Bonds.
15. URGENCY ORDINANCE AMENDING SECTION 19.60.360 OF THE CHULA
2225 VISTA MUNICIPAL CODE TO EXEMPT SERVICE
STATIONS LOCATED ALONG SCENIC ROUTES FROM
STATE REGULATIONS WHICH REQUIRE THAT
ADVERTISING MEDIUMS SHALL BE CLEARLY
VISIBLE FROM THE STREET OR HIGHWAYS
ADJACENT TO THE PREMISES FIRST READING
AND ADOPTION
Staff recommends amending Title 19 to exempt service stations
located along scenic corridors and specifically the Shell Oil
service station located within the Terra Nova Plaza, which was
cited in August 1987. This proposed ordinance will be in effect
for ninety days during which time a hearing will be held by the
Planning Commission for the permanent ordinance.
MINUTES - 6 - August 25, 1987
16. ORDINANCE AMENDING CHAPTER 19.60 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO POLITICAL SIGNS
FIRST READING
(Pulled from the Consent Agenda)
17. ORDINANCE 2226 AMENDING SECTION 2.04.020 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO TIME FOR
REGULAR MEETINGS OF THE CITY COUNCIL -
FIRST READING (Assistant City Attorney)
Municipal Code 2.04.020 sets out the times for regular meetings of
the City Council. The proposed amendment would incorporate
Council's desire to hold closed sessions prior to rather than
following the public meeting.
18. REPORT DENSITY BONUS REQUEST FOR A PROPOSED 8 UNIT
APARTMENT COMPLEX AT 251 OXFORD STREET
(Director of Community Development)
RESOLUTION APPROVING A HOUSING COOPERATIVE AGREEMENT
WITH MR. HECTOR ZUNIGA FOR AFFORDABLE
HOUSING UNITS
(Pulled from the Consent Agenda)
19. REPORT REGARDING POTENTIAL TRAFFIC SIGNAL AT
ORANGE AVENUE AND ALBANY AVENUE AS COMPARED
TO ORANGE AVENUE AND SECOND AVENUE
(Director Of Public Works/City Engineer)
(Pulled from the Consent Agenda)
20. REPORT REGARDING THE TRAFFIC SIGNAL FUND FOR
TRAFFIC SIGNAL INSTALLATION AT PALOMAR
STREET AND SECOND AVENUE (Director of
Public Works/City Engineer)
(Pulled from the Consent Agenda)
21. REPORT PROPOSED ULTRONICS CABLE TV FRANCHISE
AGREEMENT (Assistant City Manager)
RESOLUTION OF INTENTION TO GRANT A FRANCHISE TO
ULTRONICS, INC. AND SETTING A PUBLIC
HEARING DATE TO CONSIDER THE PROPOSED
FRANCHISE ON SEPTEMBER 15, 1987
(Pulled from the Consent Agenda)
END OF CONSENT CALENDAR
MINUTES - 7 - August 25, 1987
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
22. PUBLIC HEARING REVOCATION OF CONDITIONAL USE PERMIT PCC
86-24M: AUTO SCRAPYARD LOCATED AT 128 MACE
STREET - MARY REED (Director of Planning)
RESOLUTION 13222 REVOKING MAJOR USE PERMIT PCC 86-24M TO
ALLOW A SCRAPYARD AT 128 MACE STREET FOR
FAILURE TO RELOCATE WITHIN THE TIME ALLOTTED
Mayor Cox announced that this public hearing item and the public
hearing in item 23 will be discussed at one time. This being the
time and place as advertised, the Mayor declared the public
hearings open.
The Montgomery Planning Committee and Planning Commission
recommended that Major Use Permit PCC 86-24M be revoked for that
portion of the property now occupied by a scrapyard. The applicant
has been granted three extensions of final abatement date. The
final extension was granted for an additional 90 days needed to
lease property at another location to relocate the business; but no
evidence to relocate has been pursued. Staff's recommendation was
for a 30 day period to vacate the premises.
23. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-87-44M; REQUEST
TO CONTINUE AN EXISTING AUTO SCRAPYARD
LOCATED AT 128 MACE STREET WITHIN AN M-58
HEAVY INDUSTRIAL ZONE - SAM BLOCK (Director
of Planning)
RESOLUTION 13223 DENYING MAJOR USE PERMIT PCC 87-44M TO
CONTINUE A SCRAPYARD AT 128 MACE STREET
The applicant has filed an application for a major use permit to
continue an existing scrapyard known as Chula Vista Recycling
located at 128 Mace Street. Staff recommended denial of this
request; that use shall be abated and permanently vacated no later
than 30 days from the date of Council's decision.
Don Lindberg, 4201 Bonita Road, Attorney for the owner, addressed
the Council to ask for equal treatment as given to other like
businesses in the area, such as extensions to 1990 or 60 days
following the adoption of a Specific Plan for the Montgomery area.
The owner of the property at 128 Mace Street raised objections to
the requested improvements to the public street because no
assurances were made that they would be allowed to continue their
operation at this location.
MINUTES - 8 - August 25, 1987
Slides of the 128 Mace Street area were shown to Council, and
narrated by Tiny Langmaap, 1377 20th Avenue, San Diego, Manager Of
Chula Vista Recycling. He pointed out that violations exist at
existing businesses throughout the area which are more unsightly.
Mr. Lindberg addressed the forty-five unsuccessful attempts made
by his client to relocate the operation, the cost of which would
be significant. A continuation of this operation was requested
until 1990 or until 60 days after the adoption of a specific Plan
for the area if that Plan's proposed zoning "ruled outn this type
of operation.
As an alternative, Mayor Cox offered the substance of a
conversation held with San Diego County's Board Supervisor for this
District who indicated it may be to have a crusher at the County's
Otay landfill area.
Jim Wotherspoon, Chemical Engineer with Hugo Neu-Proler Company,
explained their shredding operation on Terminal Island in Los
Angeles which treats the residue to render the residue
non-hazardous, approved by the Department of Health and Regional
Board to dispose of residue at a Class III Landfill. Mr.
Wotherspoon pointed out the problems that any City would have
without such business to handle abandoned vehicles, and requested
Council to assist where feasible in the continuation of this
service to the community. In answer to questions by Council, Mr.
Wotherspoon stated that all requests for cooperation went to the
owner of the property and the operators of the business had no
knowledge of the requirements.
Bob Holaday, 7443 Central Avenue, Lemon Grove, President of the
Auto Recyclers Association, expressed his reasons in opposition to
the recommendations by staff in both items. He stated the future
of the auto recycling business in San Diego would have a dim
future, if Chula Vista Recycling had to close or move from the
area, since there are few areas in which such an operation would be
acceptable.
Robert F. Kroeger, 4215 Helix del Sur, La Mesa, a neighboring
business in the subject area, agreed with staff's recommendation
and pointed out the traffic problems generated by the Recycling
business which interferes with all other businesses in the area.
Nancy Palmer, 971 Fourth Avenue, Chairman of the Montgomery
Planning Commission, spoke in favor of the staff recommendation,
noting the applicant has been treated no differently than others in
the area. Ms. Palmer added that the area was "much neglected" by
the County in the past, but it is now apparent that the applicant
has not made any attempts to improve the area around his opertion.
MINUTES - 9 - August 25, 1987
Joe A. Berlanga, 1286 Fourth Avenue, speaking on behalf of himself
and not as a Member of the Montgomery Planning Committee, stated
his belief that the crusher should stay in Chula Vista since the
business has not violated any environmental impact laws; it is
presently creating revenue for the City and is the only crusher in
the South Bay. Mr. Berlanga requested Council to reflect on the
fact that there is an abundance of automobiles in the City which
would present a larger problem if the business was moved from the
area.
Paul L. Greene, Sr., 141 Lotus Avenue, stated his hope that
Council make a decision that is fair to all concerned.
Carol Marquez, 3517 Main Street, said she has been in the business
for 25 years and commended the ability of this business to keep the
community clean.
Mary Reed, 2380 Pine Street, owner of the property with 20 years
experience in the business stated agreement with the need of this
operation for the City of Chula Vista. Ms. Reed requested Council
to allow the business to stay as long as the other similar
businesses in the area.
There being no others to speak for or against item 22 and item 23,
Mayor Cox declared the public hearings closed.
Councilmembers discussed the background of this operation, the need
for this service, the permitted zoning and the proposed Specific
Plan element.
M (Nader) to move for staff's recommendation with abatement after
90 days. Motion died for lack of a second.
MSUC (McCandliss/Cox) to accept staff's recommendation allowing for
a 60 day abatement a period with coordination between the City and
the County on a potential site.
Don Lindberg announced that his client and the lessee are agreeable
to working with the City if there is any possibility of achieving
the goals as announced.
FOLLOW UP MOTION:
MSUC (Moore/McCandliss) that an appropriate letter be prepared for
the Mayor's signature to the companies listed on page 2 of the
Staff Report, item 22, voicing the Council's concern relative to
renewal dates stated, and suggest a liaison be established with
appropriate staff named in the letter to prepare for the renewal.
(Councilman Malcolm absent)
MINUTES - 10 August 25, 1987
24. PUBLIC HEARING TO CONSIDER A REQUEST TO WAIVE THE
REQUIREMENT TO UNDERGROUND OVERHEAD
ELECTRICAL FACILITIES THROUGH THE PROPOSED
RANCHO DEL SUR SUBDIVISION (Director of
Public Works/City Engineer)
It became apparent to the developer after meeting with SDG&E and
City representatives that more information would be needed in order
to clarify their proposal.
MSUC (Cox/Nader) to continue the item for public hearing to the
meeting of September 22, 1987 at the request of the applicant.
25. PUBLIC HEARING TO DISCUSS AMENDMENTS TO CHAPTER 9.50 of
the CHULA VISTA MUNICIPAL CODE RELATING TO
MOBILEHOME PARK SPACE RENT MEDIATION
(Community Development Director)
ORDINANCE 2227 AMENDING CHAPTER 9.50 OF THE CHULA VISTA
MUNICIPAL CODE MOBILEHOME PARK SPACE RENT
MEDIATION - FIRST READING
This being the time and place as advertised, Mayor Cox declared the
public hearing open.
Staff recommended that Council amend Chapter 9.50 to extend the
protection of the Municipal Code to recreational vehicles
(including trailers) occupied as permanent dwellings, and to
clarify language in 9.50.070 concerning the applicability of the
Ordinance at the point space transfers to a new owner-occupant.
The position of the Mobilehome Issues Committee is that coverage
for trailers be included after a nine month occupancy period. To
get protection that is parallel to that of the mobilehomes, staff
recommends an agreement which would cover a recreation vehicle
staying in place 12 months or longer.
Discussion of Councilmembers centered on the advisability of
including separate sections in the Municipal Code as well as that
of utilizing one section for both. It was pointed out that,
although the Civil Code defines the category of mobilehome versus
the trailer, the owner of such vehicle does not always know the
State's definition of his vehicle, especially when it is his
residency, and hence suggests the size of his residence should not
offer more protection based on that fact. Another aspect arose
relative to whether or not the ordinance would apply to the KOA
Campground or the Bayfront RV Park.
Bob Flaugher, 1110 Industrial Blvd., Brentwood Park, stated all
mobilehome parks admit all size and types of mobilehomes, campers,
trailers, etc. and the rents are raised for all in much the same
manner. It was his contention that no mobilehome owner should get
more protection than the person who lives in a smaller mobilehome
or trailer.
MINUTES 11 - AUgust 25, 1987
Heinz Seiler, 1425 Second Avenue, Chula Vista suggested a clause
inserted in the contract stating the length of time a person
intends to stay within a park.
Adeline Smith, 2605 Camino del Rio South , San Diego, representing
the Western Mobilehome Association, concurred that when a resident
has stayed more than 90 days, he is automatically covered by the
residency law. Park owners together agreed to only one rent
increase per year only for those such residents and the ordinance
tied in to the current CPI.
Mike Bell, representing the KOA Campground, 111 Second Avenue,
Chula Vista, stated the intent of the ordinance was to exclude his
operation because he is the tourism business and short term
residents use his facility.
Councilman Moore restated the reason for the ordinance to protect
the occupant from being forced to move or sell because of sudden,
high rent increases.
Mary Frances Click, 100 Industrial Boulevard, stated no opposition
for protection for the smaller trailers or trailer parks, quoted
the definition in the Civil Code for the different vehicles, and
discussed the protection needed by the smaller trailer owners
relative to rent raises as with the mobilehome owners. Ms. Click
expressed difficulty with reference to the term "rental agreement"
since most people do not have such an agreement.
There being no others to speak'for or against this item, the Mayor
declared the public hearing closed.
Councilmember Moore suggested that the ordinance might consider
using nine months as the cutoff for permanent versus temporary
occupancy to conform with the time limit used by the Civil Code.
In answer to Councilman Nader's question~ the Attorney stated to
have two sections within the same chapter would cause no problems
and may be clearer.
MSUC (Moore/McCandliss) to trail item 25 and allow time for the
City Attorney, staff, and concerned audience members to revise the
underlined portion of 9.50.010 to come up with wording for a
trailer park with mixed units and to exclude the approved
RV/Campground. (Councilman Malcolm absent)
For clarification, Mr. Bell of the KOA Campground explained that
the KOA Campground was authorized as a mobilehome park only
because, when the permit was granted twenty years ago, no category
existed for an RV park and, consequently, the application was
submitted under the mobilehome park category.
MINUTES - 12 - August 25, 1987
Following the discussion of items 22 and 23, the Assistant Director
of Community Development and those identified in the previous
motion returned to Council with language derived pursuant to the
meeting. The consensus was to take section 9.50,010 - retain the
first paragraph and the second paragraph and to strike the
underlined or third paragraph. In its place they put in a new
section to the Municipal Code, 9.50,015 entitled, "Applicability of
Chapter 9.50 to Recreational Vehicles", to read:
Recreational Vehicles as defined in the CA Civil Code Section
799.24 are subject to the rights and duties set forth in
Chapter 9.50 and shall have the right to join in the mediation
process of Chapter 9.50 where the Recreational Vehicle
Owner/Occupant has been in residency for nine or more
consecutive months. Notwithstanding the above, Chapter 9.50
shall not be applicable to Recreational Vehicles residing in
Parks operating as Recreational Vehicle Parks where the
predominant number of spaces are occupied for less than nine
months.
The result of this would be that the mediation process would not
apply to recreational vehicles in RV parks regardless of their.
length of tenancy and, at this point, the language would exclude
from coverage or define as recreational parks the KOA Campground
and the Chula Vista Recreation Vehicle Park. This would also
exclude from coverage any recreational vehicles in a park operated
as a mobilehome park where they have not been in residency for nine
months or more.
MSUC (Nader/Cox) to direct staff to bring back the ordinance for
the second reading incorporating the language as suggested.
MSUC (Cox/Moore) and to amend the ordinance to provide the language
as suggested for Section 9.50,015 to read "Applicability of Chapter
9.50 to Recreational Vehicles."
ORDINANCE OFFERED BY MAYOR COX, AS AMENDED, the reading of the text
was waived by unanimous consent, passed and approved.
26. ORAL COMMUNICATIONS - None
PULLED ITEMS
16. ORDINANCE 2228 AMENDING CHAPTER 19.60 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO POLITICAL SIGNS
- FIRST READING
The proposed amendment reflects the opinion of the Deputy City
Attorney that political signs may not be removed without first
giving the sign owner a minimum of 24 hours notice prior to its
removal. The second proposed amendment to the Code would clarify
the existing ordinance prohibiting the posting of political signs
on public property.
MINUTES 13 - August 25, 1987
The City Attorney responded to Councilmembers' questions by stating
that the change in the law necessitated the change in the "due
process requirement" and that 24 hours notice must be given to
those who placed the signs on public and private property.
RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously. (Councilman Malcolm absent)
18. REPORT DENSITY BONUS REQUEST FOR A PROPOSED 8 UNIT
APARTMENT COMPLEX AT 251 OXFORD STREET
(Director of Community Development)
RESOLUTION 13224 APPROVING A HOUSING COOPERATIVE AGREEMENT
WITH MR. HECTOR ZUNIGA FOR AFFORDABLE
HOUSING UNITS
· It was recommended that Council approve a density bonus of one unit
for the proposed eight-unit apartment project at 251 Oxford. In
exchange for the density bonus, the developer must provide a
percentage of the total units as affordable housing for low and
moderate income households. Councilwoman McCandliss' question
centered on the amount of rent charged for the apartments.
RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously (Mayor Cox out)
19. REPORT REGARDING POTENTIAL TRAFFIC SIGNAL AT
ORANGE AVENUE AND ALBANY AVENUE AS COMPARED
TO ORANGE AVENUE AND SECOND AVENUE
(Director of Public Works/City Engineer)
Staff recommends the installation of a traffic signal at the
intersection of Orange Avenue and Second Avenue for which funds
have already been provided, and to plan for the future opening of
Banner Avenue toconnect with Second Avenue. Staff, by the use of
slides, explained the area to Council and the reasons for their
decision.
Fred Drew, 1275 Banner Avenue, spoke in opposition to staff's
recommendation stating he brought the complaint to the City
suggesting a signal at Orange and Second. Antonio Castro, 158
Zenith, spoke in opposition and addressed his comments to the
possible opening of Banner Avenue in the future.
Heinz D. Seiler, 1425 Second Avenue; Lynn Pankhurst, 171 Palomar
Avenue, who was in favor of staff's recommendation, termed it a
more realistic approach.
MINUTES - 14 - AUgust 25, 1987
MSUC (McCandliss/Moore) to approve the staff's recommendation to
install a signal at Orange and Second Avenue.
20. REPORT REGARDING THE TRAFFIC SIGNAL FUND FOR
TRAFFIC SIGNAL INSTALLATION AT PALOMAR
STREET AND SECOND AVENUE (Director of
Public Works/City Engineer)
There are insufficient Traffic Signal Funds to finance the total
estimated cost of the signal of FY 87-88 unless another signal
project is cancelled or delays or funds provided from a source
other than the Signal Fund. It is staff's recommendation that the
design work on Second Avenue and Palomar be added to the signal
schedule for design at the end of FY 1987-88 with construction to
start in July 1988.
Councilwoman McCandliss stated Council's intent was not to fund
this at the expense of other projects already budgeted.
MS (McCandliss/Nader) to move that a resolution be brought back
appropriating funds into the Traffic Signal Account to fund the
balance of signals to be engineered and installed this year.
Lynn Pankhurst, 171 Palomar, representing the Palomar Apartments
and the Montgomery Civic Council, questioned if four way stops can
be installed if the traffic signals cannot be installed soon.
SUBSTITUTE MOTION
MSC (McCandliss/Cox) to continue this report for one week to the
meeting of September 1, 1987. (Councilman Malcolm absent;
Councilman Nader voted no.)
21. REPORT PROPOSED ULTRONICS CABLE TV FRANCHISE
AGREEMENT (Assistant City Manager)
RESOLUTION OF INTENTION TO GRANT A FRANCHISE TO
ULTRONICS, INC. AND SETTING A PUBLIC
HEARING DATE TO CONSIDER THE PROPOSED
FRANCHISE ON SEPTEMBER 15, 1987
As directed by Council, the City Attorney will be prepared to
either (a) offer precise language that would be incorporated in the
proposed franchise that will be re-advertised for the September 8
hearing, or (b) indicate to Council language that would go beyond
the authority the City Attorney and set for a new public hearing
one week later or September 15th.
Assistant City Manager Asmus advised that the direction in (1)
above has been completed and, if Council agrees the hearing will be
held on September 8th, no further action is needed.
MINUTES - 15 August 25, 1987
Martin L. Attbaum, 4005 The Hill Road, Bonita, President of
Ultronics, stated his agreement with the additional wording and
with the staff's recommendation to go ahead with the Public Hearing
on September 8th.
Robert McRann, 5159 Federal Boulevard, San Diego, Vice President
and General Manager of Cox Cable, discussed the various items of
the proposed franchise, outlining those with which he has concern,
such as "cherry picking."
Councilmembers discussed the issues as presented, and the City
Attorney stated the wording in the proposed franchise is and should
be similar to that as in the Cox franchise.
MSUC (Cox/McCandliss) to accept the report to proceed with a public
hearing on September 8, 1987. (Counclman Malcolm absent)
27. REPORT OF THE CITY MANAGER
a. City Manager Goss a requested Closed Session to discuss
City vs. Marcie, and the City vs. Coastal Commission.
MSUC (Cox/Nader) to convene to Closed Session at the conclusion of
the Redevelopment Agency Meeting this evening. (Councilman Malcolm
absent)
b. Information was distributed relative to Sunday, August 3Dth
at 7:30 p.m. Summer POPS Concert, and a 6:30 p.m. invitation to the
Dockmaster's Office.
c. Design and color scheme for the Trackless Trolley scheduled
for Thursday, August 27th Council Conference is the only item on
that day's agenda.
MSUC (Cox/Nader) to cancel the August 27, 1987 Council Conference
and to list the item on the agenda of the regular meeting for
September 1, 1987. (Councilman Malcolm absent)
28. MAYOR'S REPORT
MSUC (Cox/Nader) to refer to staff the Assembly Bill 768 which
deals with stricter penalties relative to firearms. (Concilman
Malcolm absent)
29. COUNCIL COMMENTS
COUNCILMAN MOORE:
MSUC (Moore/Cox) to refer to staff an item from the Sweetwater
Valley Traffic Task Force to coordinate with National City for
additional signage on Route 805 north and south to entice drivers
to go to Bonita Shopping Center, and to bring back to Council for
action.
MINUTES - 16 August 25, 1987
b. To refer to staff to come back with a cost for a trailer to
accommodate a float, not to exceed $1,000, which would be flexible
enough to add or delete in size .
City Council recessed at 11:57 p.m. to convene as the Redevelopment
Agency; and at 11:58 p.m. convened as the City Council in Closed
Session to discuss Sierra Club v. Coastal Commission and Sierra
Club v. Marsh.
ADJOURNMENT AT 12:20 p.m. to the regular meeting of September 1,
1987 at 4 p.m.
tune, Deputy City Clerk