HomeMy WebLinkAboutcc min 1987/09/15 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, September 15, 1987 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox, Councilmembers Nader, Moore,
McCandliss and Malcolm
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, Deputy City Manager
Morris, Assistant City Attorney Rudolph
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 (Nader/Malcolm) to approve the minutes for the meetings of
September 3 and 8, 1987 as amended. (Page 8 amended to reflect
that the Resolution was offered only; page 10 to reflect an
amendment to the variance and the final action taken.)
2. SPECIAL ORDERS OF THE DAY
a. PROCLAIMING THE WEEK OF OCTOBER 4-10, 1987 AS "FIRE
PREVENTION WEEK"
"Pluggie", who was to be the recipient of this proclamation did
not appear and the proclamation will be presented at the meeting
of September 22, 1987.
b. PROCLAIMING TUESDAY, SEPTEMBER 22, 1987 AS "AMERICAN BUSINESS
WOMEN' S DAY"
While Mayor Cox read the proclamation, Mayor pro Tempore Moore
made the presentation to Ms. Beverly Pickenpaugh, President of the
Sweetwater Valley Chapter of the American Business Women's
Association, who accepted on behalf of all Chula Vista's working
women.
c. PRESENTATION OF "CHULA VISTA SAYS NO TO DRUGS" BUMPER STICKER
TO CITY COUNCIL
Merlin Harvitz, V.F.W. #2111 of Chula Vista, presented each
Councilmember with a bumper sticker, while Liz Craven explained
that 1,000 stickers would be distributed throughout the City to be
displayed on vehicles.
MINUTES - 2 - September 15, 1987
CONSENT CALENDAR (3a 17)
3. WRITTEN COMMUNICATIONS
Mayor Cox clarified with staff that a copy of the report was
communicated to the requestor of item 16.
Councilman Malcolm requested the record reflect his vote on item 6
as "no"; and, since the Councilman did not attend the public
hearings relative to items 14 and 15, he requested the record to
reflect an abstention.
THE CONSENT CALENDAR WAS OFFERED BY COUNCILMAN MALCOLM with the
exception of items 4, 5, 12, and 17. The headings of the
remaining items on the consent calendar were read, passed and
approved. (Councilman Malcolm voted "no" on item 6, "abstained"
on item 14, "abstained" on item 15.)
a. CONCERNS REGARDING BOARD OF ETHICS - Frederick A. Drew, 1275
Banner Avenue, Chula Vista 92011
Council directed staff to prepare a response to those issues which
have not been addressed.
b. CLAIMS AGAINST THE CITY John R. and Marisa S. Pullen, 128
Country Club Drive, Chula Vista 92011
Both claims were denied by Council, based on the lack of
jurisdiction and no liability.
4. RESOLUTION EXPRESSING OPPOSITION TO POUND SEIZURES IN
THE COUNTY OF SAN DIEGO AND STRONGLY
URGING THE BOARD OF SUPERVISORS TO
DISCONTINUE THIS PRACTICE IMMEDIATELY
Pulled from the Consent Calendar
5. RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING FOR
THE LOCATION OF STATE HIGHWAY ROUTE 125
BETWEEN THE STATE OF CALIFORNIA,
DEPARTMENT OF TRANSPORTATION (CALTRANS),
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
(SANDAG), THE COUNTY OF SAN DIEGO, THE
CITY OF SAN DIEGO AND THE CITY OF CHULA
VISTA
Pulled from the Consent Calendar.
6. RESOLUTION 13246 AUTHORIZING THE MAYOR TO ENTER INTO A
COOPERATION AND REIMBURSEMENT AGREEMENT
WITH THE REDEVELOPMENT AGENCY OF THE CITY
OF CHULA VISTA
MINUTES - 3 - September 15, 1987
The legal instrument between the Redevelopment Agency and the City
is created to reimburse the City's General Funds as tax increments
and other sources of funds become available. It is anticipated
that a significant increase in Shopping Center sales in the form
of sales tax to initially satisfy the City's obligation can be
expected. Any excess property tax increment will be utilized to
pay back the City for the Boys' Club property.
7. RESOLUTION 13247 APPROVING AN AGREEMENT WITH SAN DIEGO
TRUST AND SAVINGS BANK FOR TRAFFIC CONTROL
MEASURES
The agreement consolidates the specific measures proposed to be
undertaken by the City and the Bank for traffic control. The cost
of the of the temporary traffic barrier and City signage will be
funded by the Homart Development Company; maintenance provided by
the City; and San Diego Trust and Savings Bank will finance the
cost of installation and maintenance of facilities on their site.
8. RESOLUTION 13248 APPROVING APPROPRIATION OF MONTGOMERY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
FOR THE LAUDERBACH COMMUNITY CENTER
PARKING LOT AND SECURITY LIGHTING PROJECT
AND THE SHY LANE STREET IMPROVEMENTS
PROJECT
The two projects funded by the County prior to the Montgomery
annexation were never implemented. The City has agreed to
implement the project and must now appropriate the County funds
allocated for the projects to initiate the process.
9. RESOLUTION 13249 REJECTING BID FOR REPLACEMENT OF WOOD
FLOOR AT PARKWAY GYM IN THE CITY OF CHULA
VISTA
One bid was received from Gerard Construction Inc. for
$51,426,000. The engineer's estimate for this project ranged from
$30,000 to $40,000. Council rejected the bid based on the
Building Maintenance Superintendent's review of the scope of work
and contact with other contractors.
10. RESOLUTION 13250 ACCEPTING BIDS AND AWARDING CONTRACT FOR
TRAFFIC SIGNAL MODIFICATION AT THIRD
AVENUE/F STREET IN THE CITY OF CHULA VISTA
Two bids were received from qualified electrical contractors to
modify the signals at one intersection. Council accepted the bids
and awarded the contract to TCB Electric Inc. (low bidder) in the
amount of $12,171.
MINUTES - 4 - September 15, 1987
11. RESOLUTION 13251 APPROVING AGREEMENT WITH THE CITY OF CHULA
VISTA LAIDLAW WASTE SYSTEMS, INC. TO
PROVIDE STREET SWEEPING SERVICES AND
APPROPRIATING ADDITIONAL FUNDS
Two bids were received for street sweeping services and Council
awarded the contract to Laidlaw Waste Systems, Inc. (low bidder)
in the amount of $224,318.84. Funds are provided in Account No.
100-1441 in the amount of $217,250, and Council further
recommended that $10,000 be made available from the General Fund
Reserve to cover the cost of sweeping parking lots and alleys not
eligible for gas tax expenditures.
12. RESOLUTION ENDORSING THE AUTOMOBILE CLUB OF SOUTHERN
CALIFORNIA'S PROPOSALS "FREEWAY
DEVELOPMENT TO THE YEAR 2000"
Pulled from the Consent Calendar
13. ORDINANCE 2232 AMENDING SECTION 9.15.010 RELATING TO OPEN
CONTAINERS - FIRST READING
The amendment clarifies that public rights-of-way and semi-public
parking lots need not be posted for the prohibition of open
alcohol beverage containers to apply.
14. ORDINANCE 2230 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE
FRANCHISE AGREEMENT WITH ULTRONICS, INC.
GRANTING TO ULTRONICS THE NON-EXCLUSIVE
RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND
USE LINES, WIRES, COAXIAL CABLE AND
APPURTENANCES FOR TRANSMITTING,
DISTRIBUTING AND SUPPLYING CABLE
TELEVISION SERVICE ALONG, ACROSS AND UPON
THE PUBLIC STREETS, WAYS, ALLEYS AND
PLACES WITHIN THE CITY OF CHULA VISTA -
SECOND READING AND ADOPTION
The ordinance, first read on September 8, 1987, includes the
language pertaining to five specific issues discussed during
previous meetings.
15. ORDINANCE 2231 AMENDING SECTION 19.87.07 OF THE CHULA
VISTA BAYFRONT SPECIFIC PLAN - SECOND
READING AND ADOPTION
The ordinance, first read on September 8, 1987, provides for a
temporary redesign of the approved intersection of Interstate 5
southbound off-ramp at Bay Boulevard just north of "E" Street, and
incorporates into the LCP a provision for granting special
exceptions to the prohibition of grading between November 1 and
April 1 each year on properties located within the Inland Parcel
(Subarea 6).
MINUTES - 5 - September 15, 1987
16. REPORT ON DIAL-A-RIDE SYSTEMS COMPARISON
No major problems exist with the present HandYtrans system, the
demand for rides generally is met and clients seem satisfied with
the service as reflected in an on-board survey conducted by staff
from October 1986 to January 1987. Staff is evaluating ways to
increase system capacity, including expanding the service level
through lower contractual services cost.
17. REPORT VAN TRANSPORTATION TO THE PROPOSED YOUTH
FACILITY AT FIFTH AVENUE AND L STREET
Pulled from the Consent Agenda
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
18. PUBLIC HEARING PCC-88-1 - REQUEST TO ESTABLISH OFFICES
FOR SAN DIEGO COUNTY DEPARTMENT OF SOCIAL
SERVICES AT 1261 THIRD AVENUE - JOHN M.
URQUHART
RESOLUTION APPROVING CONDITIONAL USE PERMIT TO
ESTABLISH OFFICES FOR SAN DIEGO COUNTY
DEPARTMENT OF SOCIAL SERVICES AT 1261
THIRD AVENUE
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Planning Director Krempl reported that Quinney & Associates
requested a continuance of this item to the meeting of September
22, 1987.
MSUC (Malcolm/McCandliss) to continue this item at the request of
the applicant.
19. PUBLIC HEARING PCS-87-11 - CONSIDERATION OF TENTATIVE
SUBDIVISION MAP FOR HIDDEN MEADOWS, CHULA
VISTA TRACT 87-11, - GENTRY CONSTRUCTION
COMPANY (Director of Planning)
RESOLUTION 13252 APPROVING TENTATIVE MAP FOR HIDDEN
MEADOWS, CHULA VISTA TRACT-87-11
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
MINUTES - 6 - September 15, 1987
The applicant has submitted a tentative subdivision map in order
to subdivide 5.5 acres located on the south side of Oxford Street
at Cuyamaca Avenue into 18 single-family residential lots and one
open space lot. The proposal is consistent with the General Plan
and Staff recommends that Council concur with the Planning
Commission's approval.
H. M. Moore, 1263 Cuyumaca, purchased his home in 1960 as a "view
lot" and related that, after the development of Princess Manor,
there is little view left. Mr. Moore requested Council to
consider heights of homes to be developed in the interest of the
existing homeowners.
Bill Gentry, Gentry Construction Company, 355 K Street, stated the
property belonged to the South Bay Water Company who deemed it was
no longer necessary, the existence of an overflow from a tank
which would need drainage, and provisions for the lots on the
north side to be able to use the street. Mr. Gentry appreciates
the homeowners' concerns with the view and he, as developer, plans
to meet with them to arrive at a mutual understanding.
There were no others to speak for or against this item, and the
public hearing was declared closed.
Councilman Moore stated his apprehension on projects that are
developed on previously undevelopable land, and in this case it
seems to be topography and drainage, and requested staff's
investigation.
MSUC (Nader/McCandliss) to amend condition No. 1 of the
landscaping plan to reflect a requirement that it be with native
and drought resistant plants.
RESOLUTION OFFERED BY MAYOR COX, as amended, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
20. PUBLIC HEARING CONSIDERATION OF COASTAL DEVELOPMENT
PERMIT #027 FOR THE SOUTH BAY POWER PLANT
LANDSCAPE MASTER PLAN
RESOLUTION AUTHORIZING THE ISSUANCE OF COASTAL
DEVELOPMENT PERMIT #027
The South Bay Power Plant consists of about 150 acres located
south of "J" Street between Bay Boulevard and the San Diego Bay.
The current proposal involves the installation of landscaping and
irrigation at locations around the perimeter (with some interior
treatment) of the power plant property. Approximately 387,000 sq.
ft. Of landscape improvements will be installed over a three year
period. The project is consistent with the Local Coastal Plan and
Staff recommends approval.
MINUTES 8 September 15, 1987
Since 1967, San Diego County has had a contract with UCSD to sell
animals from each of the County's three shelters to be used in
experiments. San Diego County is one of 7 counties in the state
which still permits pound seizures; the contract is currently up
for review and it is recommended that Council adopt the resolution.
Dr. Stuart Zola-Morgan, Department of Psychiatry, UCSD School of
Medicine, La Jolla 92093, addressed Council in opposition to
staff's recommendation. Dr. Zola-Morgan explained how the
research accomplished by use of these animals contribute to the
research of serious diseases that cause the deaths of many of us.
Statistics were provided to show that only 3% of the animals are
used for these studies; and that national and local public opinion
polls prove that most of the public support this use of animals.
Dr. Zola-Morgan stated the bottom line to be that the lives of
humans supercede that of these pound animals.
Mayor Cox questioned the use of "pets" and Dr. Zola-Morgan
emphasized that only those animals seized with no identification,
those not adopted or otherwise retrieved are considered. The
detailed schedule followed by Animal Control and UCSD to include
the time limits established to find the owner of the animal was
explained to insure that the rights of the owners come first.
Councilmember Malcolm expressed his pride in the work done by
UCSD, and his belief that it would be inappropriate to hinder this
use of pound animals. Councilman Nader and Councilwoman
McCandliss both agreed with this statement, and Councilwoman
McCandliss also offered to send a personal letter to UCSD relative
to the importance of the aims of this program.
MSUC (Malcolm/Moore) to file this item and the proposed resolution.
5. RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING FOR
THE LOCATION OF STATE HIGHWAY ROUTE 125
BETWEEN THE STATE OF CALIFORNIA,
DEPARTMENT OF TRANSPORTATION (CALTRANS),
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
(SANDAG), THE COUNTY OF SAN DIEGO, THE
CITY OF SAN DIEGO AND THE CITY OF CHULA
VISTA
Director of Public Works Lippitt reported on information received
on this item and asked for a continuance.
MSUC (Cox/McCandliss) to file this item until staff brings back to
a subsequent City Council meeting.
MINUTES - 7 - September 15, 1987
This being the time and place as advertised, Mayor Cox declared
the public hearing open. There being no one to speak for or
against this item, the public hearing was closed.
RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the
text was waived by unanimous consentt passed and approved.
Staff reported that the work is scheduled in three phases to start
in 1987. The Coastal Development Permit should clear by the 1st
of October and Councilman Malcolm discussed application to the
Coastal Commission earlier to have this go ahead as quickly as
possible, since this project coincides with one that has already
passed environmental review.
MSUC (McCandliss/Malcolm) to direct staff to prepare an oral
report on Thursday relative to what needs to be done to exempt
this project from the time period for work restriction.
City Manager Goss stated, because of the notice required, it might
be wiser to continue the the balance of the item in order that
Council could take action.
MSUC (Malcolm/McCandliss) to continue the balance of this time to
Thursday, to follow the Redevelopment Meeting on September 17,
1987.
21. ORAL COMMUNICATIONS
John Pearce, 1931 RUe Chateau and an EastLake resident as well as
an employee of the EastLake Association distributed his letter
with accompanying request for Stop Signs and Crosswalks at
EastLake (signed by 17 area residents) and reported what he termed
as a "growing problem" in the area. Mr. Pearce referenced the
large number of children in the area and the limited amount of
signs for traffic.
Mayor Cox stated his appreciation of Mr. Pearce' concern for the
area residents.
MSUC (Cox/Malcolm) to refer this to the Safety Commission with
direction to come back with a report within three weeks.
PULLED ITEMS
4. RESOLUTION EXPRESSING OPPOSITION TO POUND SEIZURES IN
THE COUNTY OF SAN DIEGO AND STRONGLY
URGING THE BOARD OF SUPERVISORS TO
DISCONTINUE THIS PRACTICE IMMEDIATELY
MINUTES - 9 - September 15, 1987
12. RESOLUTION 13254 ENDORSING THE AUTOMOBILE CLUB OF SOUTHERN
CALIFORNIA'S PROPOSALS "FREEWAY
DEVELOPMENT TO THE YEAR 2000"
The resolution will be used to demonstrate to the State
Legislature local support for freeway development. The Auto Club
maintains that approximately 400 additional miles of freeway will
be needed to accommodate the traffic generated by an estimated 19%
increase in southern CA's population by the year 2000. The
proposal suggests local funding participation in the construction
projects. City funding may be from existing City revenues or the
City's portion of the proposed 1/2 cent sales tax.
Councilman Nader expressed his concern that the proposed
resolution and list of projects have deficiencies, and suggested
the addition of the role public transit might play. A further
concern is the questionable responsibility of present taxpayers to
fund improvements for future residents.
MSUC (Nader/Malcolm) to adopt the Resolution but direct staff to
add language that no opinion be expressed as to the proper funding
source, but do express the opinion that public transportation has
a important role to play in meeting the transportation needs of
the future; and that the Resolution where it states that the City
" .... endorses the Automobile Club .... ", be changed to read
"...~endorses the concept of the Automobile Club.. "
RESOLUTION AS AMENDED OFFERED BY MAYOR COX, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
17. REPORT VAN TRANSPORTATION TO THE PROPOSED YOUTH
FACILITY AT FIFTH AVENUE AND L STREET
It is recommended that Council direct staff to work with the Boys
and Girls Clubs in order to seek funding sponsorship from the
private sector for the purchase of a van, or alternately and
secondly, to use part of the money from Homart in connection with
the Shopping Center remodeling for the van purchase.
Mayor Cox stated his purpose of pulling the item was to suggest
the City purchase the van, and to lease it to the Boys and Girls
Club, which would also make the van available for transportation
of school children to the Parkway facility, as well as other uses.
MSUC (Cox/McCandliss) to offer a substitute staff recommendation
that the City buy a van and lease it for a nominal fee to the Boys
and Girls Club and allow them to use it until the replacement
community facility at Chula Vista High School is completed and to
reevaluate at that time.
MINUTES - 10 - September 15, 1987
Lonnie Thomas, 660 Telegraph Canyon Road, representing the Girls
and Boys Club stated acceptance of the proposed van as expressed
in the motion, and offered the van as a Council Tour vehicle.
Assistant City Attorney Rudolph explained, if the proposed van was
leased to the Club under terms and conditions in the lease which
would require the Club to provide the insurance, it should
alleviate any liability concerns of the City.
Discussion centered on funding sources, the possibility of taking
out of the Vehicle Replacement Fund, and the intent of Council to
reimburse the General Fund with revenue received from the Homart
project.
MSUC (Cox/McCandliss) to direct staff to come back with a
substitute resolution with staff recommendation relative to the
funding source and the agreement.
22. REPORT OF THE CITY MANAGER
a. The new Recreation Superintendent was introduced to Council.
Mr. Jess Valenzuela, who came from the City of West Covina, was
welcomed by Council.
b. The Master Schedule of the Capital Improvement Program was
distributed which included all projects budgeted through June
1987. It is the intent that this be updated quarterly and made
available.
23. MAYOR'S REPORT
a. City Council met to fill all the vacancies on Boards and
Commissions. Joe Casillas was appointed as Planning Commissioner;
Nancy Wheeland - as Member on the Montgomery Community Planning
Committee; and Susanne Miller - to a second four-year term on the
Library Board of Trustees.
24. COUNCIL COMMENTS
COUNCILMAN MALCOLM:
Councilman Malcolm requested Council's concurrence in order to
take action on AB 1675 (Brown) as amended by Assemblyman Peace to
include a $200,000 line item for the renovation of Norman Park
Senior Center, which is now before the Governor for signature.
MSUC (Malcolm/Moore) to request this item be considered urgent and
discussed at this time for action since there was not proper
notification previously to consider this item.
MINUTES - 11 - September 15, 1987
MSUC (Malcolm/Nader) to authorize the Mayor to send a telegram to
the Governor in support of AB 1675.
Staff explained that the Norman Park Center is in dire need of
rehabilitation. Presently there is funding of $160,000 available
for the renovation, and with the expected $200,000, a complete
renovation of the Center could occur.
a. Feasibility of an Ordinance requiring Mobilehome Park Owners
to first offer their For Sale property to the present tenants
before offering on the open market. There is a present bill by
Senator Craven regarding notification of the tenants, but which
does not go as far as what Councilman Malcolm would prefer.
MSUC (Malcolm/Nader) to refer Senate Bill 1769, enacted January 1,
1987, to staff and to the Mobilehome Issues Committee to come back
with a report on how it can insured that the tenants would, first,
be granted the right to buy if the offer matched that made by
someone other than the tenant.
b. Contact with Supervisor Bilbray to encourage San Diego County
Board of Supervisors to continue programs for the youth in the
South Bay rather than to cut off funding.
The County budget and its lack of funding for the Montgomery
Community was discussed, as well as the intent of the County to
drop funding for the 4-H Clubs in order to fund more jails.
MSUC (Malcolm/Nader) to send a letter to County Supervisor Bilbray
urging him to continue support of youth programs in this area to
insure that this City gets its fair share.
c. REPORT ON THE NUMBER OF ACCIDENTS BOTH IN AND OUT OF THE KOA
CAMPGROUND AT SECOND AVENUE IN NATIONAL CITY
MSUC (Malcolm/Nader) to refer this item to the Safety Committee
for a report back to solve the safety issue.
COUNCILWOMAN MCCANDLISS:
a. In relation to comments by Council concerning drought
resistant plants, it is suggested that a discussion of this
subject be brought to a future Council Conference, which
discussion would include different species, the growth pattern and
a policy to be adopted for the use of them.
At the City Manager's suggestion, staff was directed to add
suggested substitution of trees and plants that are not as prone
to affect allergies.
MINUTES - 12 - September 15, 1987
COUNCILMAN NADER:
a. The Councilman suggested an addition to that of Councilwoman
McCandliss' relative to drought resistant plants that staff,
sometime before that Conference, contact someone in the California
Native Plant Society to come to the Conference to add their
comments and to answer questions.
ADJOURNMENT AT 8:46 p.m. to the adjourned meeting on Thursday,
September 17 following the Redevelopment Agency, and to Saturday,
September 19 at 9 a.m. above the Dockmaster's Office in the Chula
Vista Marina for the purpose meeting in closed session for the
evaluation of the City Manager, and to the Regular Meeting of
Tuesday, September 22 at 7 p.m.
Jennie M. Fulasz, CMC
CITY CLERK
1080C