HomeMy WebLinkAboutcc min 1987/11/17 MINUTES FOR A REGULAR MEETING OF THE CITY COUNCIL
OF TNE CITY OF CHULA VISTA
Tuesday, November 17, 1987 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor pro Tempore Moore; Councilmembers
Nader, McCandliss, Malcolm
MEMBERS ABSENT: Mayor Cox
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, 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 for the meetings of November 3, 9, and
lO, 1987
MSUC IMalcolm/McCandliss) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY None.
CONSENT CALENDAR 13a - 19) Items pulled: 3a, 17, 18
City Manager Goss noted that 3f reflects a modification that
$4,000 is in the budget as the City's share and the balance of
funds will be coming from the Redevelopmerit Agency.
Mayor pro Tempore Moore noted that items 11, 12 and 16 required a
4/Sth vote as appropriation items.
MSUC (Malcolm/McCandliss) to approve the Consent Calendar with the
understanding that item 13 be continued for one week. ICounctlman
Nader voted no on item 16)
3. WRITTEN COMMUNICATIONS
a. APPEAL OF DENIAL OF SUNDANCER LOUNGE DANCE PERMIT APPLICATION
ON OCTOBER 28, 1987 Thomas Homing, CPCU, Post Office Box
1677, Bonita, CA 92002
Pulled from Consent Calendar.
Minutes - 2 - November 17, 1987
b. CONCERNS RE CHULA VISTA HIGH SCHOOL STUDENT PARKING
Adrienne Landers, 790 Brightwood Avenue (Petition signed by
46 residents of Brightwood Avenue and Garden Place)
Council directed that the petition and letter be sent to the Chula
Vista High School Administration, as well as to the Safety
Commission for report.
c. REQUEST FOR SUPPORT OF THE NEVADA DECLARATION (IMMEDIATE END
TO ALL NUCLEAR WEAPONS TESTING) - Mayor Larry Agran, City of
Irvine, CA
Each Councilmember will sign or not sign the Declaration at their
discretion for submission to Mayor Agran.
3d. REQUEST FOR COUNCIL REPORT FOR RISK-FREE EXAMINATION OF THE
PORT COMMISSION POLICIES AND PRACTICES AS THEY AFFECT USERS
OF SAN DIEGO BAY Judith M. Collins, Bay Users Group of San
Diego, P.O. Box 18-1464, Coronado, CA 92118
Council directed that this letter be received with the
understanding that the Bay Users Group of San Diego has protected
rights to conduct public forums to freely express their views.
e. REQUEST FOR TIME TO PRESENT OVERVIEW OF ENVIRONMENTAL
DEVELOPMENT PROJECT AT NORTHEAST INTERSECTION OF INTERSTATE
805 and PALM AVENUE Bruce E. Tabb, Environmental
Development, 1200 Third Avenue, Suite 1324, San Diego, CA
92101
Council directed that the presentation be received or rescheduled
at another Council meeting date.
f. REQUEST THAT THE CITY OF CHULA VISTA CO-SPONSOR THE THIRD
ANNUAL SOUTH SAN DIEGO BAY WINTERFEST AND BOAT PARADE,
DECEMBER 19, 1987 - Winterfest Committee Chairman, 550
Tidelands Avenue, Chula Vista, CA 92010
Council directed that $4,000 from the City Council Contingency
Reserve and $6,000 from the Redevelopment Agency Contingency
Reserve be directed to support this activity on a one-time basis
only to determine if this major expansion of this event would
justify this level of support for the future.
Mayor pro Tempore Moore invited Sara Atkinson to say a few words
on the event to be held on December 19th commencing at noon. Ms.
Atkinson displayed a poster and explained that the Boat Parade of
Lights starts at 6 p.m. A contest for Junior Grand Marshal of
the Parade will be held and Elementary and Junior High Students
from Imperial Beach, Chula Vista and National City are all
eligible to participate by submission of an essay. The event is
strictly a youth-oriented activity with the school children as
judges of the Chula Vista Boat Parade of Lights.
Minutes - 3 - November 17, 1987
g. CLAIMS AGAINST THE CITY:
Claimant No. 1: Mr. Paul Green, c/o James A. D'Angelo, Murray
& Aiken, Attorneys at Law, 7290 Navajo Road, Suite 101, San Diego,
CA 92119 Seeking equitable and total indemnity in connection
with a lawsuit served upon him by Ms. Peggy Lund, in which the
City has also been named.
Claimant No. 2: Ms. Darlene P. Garcia, c/o M. Cory Brown,
Higgs, Fletcher & Mack, Attorneys at Law, 401 West "A" Street,
Suite 2000, San Diego, CA 92101 Seeking $4,294.29 for property
damages to Ms. Garcia's vehicle and an undetermined amount for
indemnification, contribution and declaratory relief, arising out
of an automobile/motorcycle accident at the intersection of East
"H" Street and Auburn on 10/31/86.
Claimant No. 3 and 4: Mission Valley Center, May Company, c/o
Joe Warren, Claims Supervisor, Liberty Mutual, 5030 Camino de la
Siesta, Suite 201, P.O. Box 85064, San Diego, CA 92138-5064 -
Both claims seek an undetermined amount for indemnification and
contribution in connection with a lawsuit served upon them by
Evergreen Helicopters, Inc. in connection with an incident on May
19, 1985.
Claimant No. 5: Mr. Gaston Rivera Camou, c/o H. Paul Swanson,
Attorney at Law, 4275 Executive Square, Suite 800, La Jolla, CA
92037 An alleged false arrest by the City of Chula Vista when
two cases were filed for the same incident by the District
Attorney's office..
Claimant No. 6: Mr. Gary Leonard, c/o Philip D. Sharp, Esq.,
Shifflet, Sharp & Walters, Attorneys at Law, 1370 India Street,
San Diego, CA 92101-3481 - Alleged design defects of City owned
roadway, on which a vehicle overturned.
Council directed the above claims be denied.
4a. RESOLUTION 13328 ACCEPTING, DEDICATING AND NAMING CERTAIN
REAL PROPERTY IN SAID CITY FOR STREET AND
HIGHWAY PURPOSES LOCATED ON FIFTH AVENUE
b. RESOLUTION 13329 ACCEPTING, DEDICATING AND NAMING CERTAIN
REAL PROPERTY IN SAID CITY FOR STREET AND
HIGHWAY PURPOSES LOCATED ON GRANJAS ROAD
c. RESOLUTION 13330 ACCEPTING DRAINAGE EASEMENT FROM
EUCALYPTUS MEADOWS
Eucalyptus Meadows recently applied for a permit to develop the
property adjacent to Granjas Road and Fifth Avenue. Fifth Avenue,
designated as a collector street requires a street easement width
of 84'; property owners adjacent to Granjas Road have been
required to grant an easement for street purposes to provide a
cul-de-sac turnaround; and owners of the property have been
required to grant an easement for drainage purposes to enable the
City to maintain the public storm drain recently constructed along
the southerly boundary of their property.
M~nutes - 4 - November 17, 1987
5a. RESOLUTION 13331 ACCEPTING, DEDICATING AND NAMING CERTAIN
REAL PROPERTY IN SAID CITY FOR STREET AND
HIGHWAY PURPOSES LOCATED ON EAST "H"
STREET
b. RESOLUTION 13332 ACKNOWLEDGING IRREVOCABLE OFFER TO
DEDICATE REAL PROPERTY FROM CHULA VISTA
CITY SCHOOL DISTRICT FOR PUBLIC USE, AND
NAMING SAID STREET EAST "H" STREET
East "H" Street, between Hidden Vista Village Subdivision and
Encore Bonita Estates Subdivision, is being widened to a six-lane
roadway. The easement and irrevocable offer to dedicate from the
School District are required for this widening.
6a. RESOLUTION 13333 ACCEPTING, DEDICATING AND NAMING CERTAIN
REAL PROPERTY IN SAID CITY FOR STREET AND
HIGHWAY PURPOSES LOCATED ON EAST "H"
STREET
b. RESOLUTION 13334 ACCEPTING EASEMENT FROM EL RANCHO DEL REY
FOR TRAFFIC CONTROL PURPOSES
East H Street, between Hidden Vista Village Subdivision and Encore
Bonita Estates Subdivision, is being widened to a six-lane
roadway. The street and traffic control easements are required
from E1 Rancho Del Rey Partnership for this widening.
7. RESOLUTION 13335 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR STATE
TRANSIT CAPITAL AND IMPROVEMENT PROGRAM
FUNDS FOR BAYFRONT TROLLEY STATION PROJECT
Council approved the subject agreement in the amount of $961,000
and requested the Redevelopment Agency to appropriate $480,500 for
the Bayfront Trolley Station project. The $961,000 in State funds
for the Bayfront Trolley Station project were included as a
funding source for the total estimated $6.5 million cost of the
project in January 1987. The City's 50% share, or $480,500 will
be appropriated by the Redevelopment Agency as part of the City's
contribution toward the total project cost. The County's 50%
share of $480,500 will reimburse the County for its equal portion
of the total project cost.
8. RESOLUTION 13336 ACCEPTING GRANT OF EASEMENT FOR SIDEWALK
PURPOSES AT THE NORTHEAST CORNER OF PARK
WAY AND THE ALLEY WEST OF THIRD AVENUE
One of the requirements of the Joseph Development is to install a
pedestrian ramp at the corner of Park Way and the alley just west
of Third Avenue and the easement for sidewalk purposes is needed
to allow the public to use the ramp.
Minutes 5 November 17, 1987
9. RESOLUTION 13337 ACCEPTING BIDS AND AWARDING CONTRACT FOR
TRAFFIC SIGNAL INSTALLATION AT THE
INTERSECTIONS OF HILLTOP DRIVE/QUINTARD
STREET AND ORANGE AVENUE/SECOND AVENUE IN
THE CITY OF CHULA VISTA
Council accepted the bids received from four qualified contractors
and awarded the contract to low bidder, Steiny and Company, San
Diego, in the amount of $74,945.00.
lO. RESOLUTION 13338 ACCEPTING BIDS AND AWARDING CONTRACT FOR
RESURFACING OF TENNIS COURTS AND
MULTI-PURPOSE COURTS AT VARIOUS LOCATIONS
IN THE CITY OF CHULA VISTA, CA
The work to be done consists of: l) resurfacing ten concrete
tennis courts at three separate locations, and 2) resurfacing of
multi-purpose concrete courts at four separate locations. Council
accepted the bids received from two contractors, and awarded the
contract to low bidder, Eastwoods Tennis Surface, Inc., San Diego
in the amount of $22,750.
ll. RESOLUTION 13339 APPROPRIATING FUNDS FOR THE PURCHASE OF AN
ANIMAL SHELTER TRUCK (ANIMOBILE g9)
The existing animal transportation cage is beyond repair in the
estimation of the Equipment Maintenance Superintendent and can no
longer be used. Sufficient Funds are available in the
unappropriated balance of the Equipment Replacement Fund.
12. RESOLUTION 13340 AMENDING FY 1987-88 BUDGET AND PROVIDING
FOR THE APPROPRIATION OF FUNDS FOR SALARY
AND FRINGE BENEFIT INCREASES FOR FY
1987-88
At the time the 1987-88 budget was adopted, negotiations with the
various bargaining units had not been completed, and the budget
now needs to be amended.
13. RESOLUTION APPROPRIATING FUNDS, ACCEPTING BIDS, AND
AWARDING CONTRACT FOR LANDSCAPING MARINA
PARK, "E", "H", AND "J" STREET ENTRIES AND
"J" STREET MEDIAN IN THE CITY OF CHULA
VISTA, CALIFORNIA AND APPROVING CHANGE
ORDER NO. 1
Continued to the Meeting of November 24, 1987.
14. THIS ITEM DELETED FROM THE AGENDA
Minutes - 6 - November 17, 1987
15. REPORT DENSITY BONUS REQUEST FOR A PROPOSED 37
UNIT APARTMENT COMPLEX AT 36, 38 and 54
WOODLAWN AVENUE
RESOLUTION 13341 APPROVING A HOUSING COOPERATION AGREEMENT
WITH GLENN S. THOMAS, JAMES E. EVANS, AND
RICHARD W. NINDE FOR AFFORDABLE FAMILY
HOUSING UNITS
Council approved the density bonus request and no funds will be
expended.
16. ORDINANCE 2240 AMENDING CHAPTER 2.04 OF THE CHULA VISTA
MUNICIPAL CODE BY AMENDING SECTIONS
2.04.580 and 2.04.590 RELATING TO
COMPENSATION FOR MEMBERS OF THE CITY
COUNCIL AND THE MAYOR (SECOND READING)
The California Government Code and the Chula Vista City Charter
allow the City Council to provide an annual pay increase for
Councilmembers and the Mayor in an amount not to exceed five
percent (5%).
17. REPORT STATE MOBILEHOME RESIDENCY LAW AND THE
RIGHT OF FIRST REFUSAL
Pulled from Consent Calendar.
18., REPORT CHILDREN'S ASTHMA LEAGUE OF GREATER SAN
DIEGO REQUEST TO CONDUCT A BIKE FOR BREATH
FUNDRAISER
Pulled from Consent Calendar.
19. REPORT REQUEST TO CONDUCT ANNUAL STARLIGHT YULE
PARADE
The Downtown Committee of the Chula Vista Chamber of Commerce and
the Sweetwater Union High School District requested approval to
co-sponsor the 25th Annual Parade. Council approved subject to
evidence of General Liability Insurance in the amount of .$1
million, in the form of a Certificate of Insurance and Policy
Endorsement, which names the City of Chula Vista as additional
insured; execution of a Hold Harmless Agreement by both sponsors;
and the sponsors must notify all residences and businesses along
the parade route of the date and time of the parade in order to
minimize inconvenience to them.
END OF CONSENT CALENDAR
Minutes 7 November 17, 1987
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
20. PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF
BROADWAY AT THE NORTHWEST CORNER OF ITS
INTERSECTION WITH ANITA STREET (Continued
from the Meeting of November 3, 1987)
MSUC (Malcolm/McCandliss) to continue the item to the meeting of
November 24, as recommended by staff.
Councilwoman McCandliss requested that copies of the letters
received in tonight's agenda packet be included in the agenda item
for the next meeting.
21. PUBLIC HEARING TO FORM CHULA VISTA OPEN SPACE MAINTENANCE
DISTRICT NO. 16, WOODLAND PARK
RESOLUTION 13342 ESTABLISHING OPEN SPACE MAINTENANCE
DISTRICT NO. 16
This being the time and place as advertised, Mayor pro Tempore
Moore declared the public hearing open.
It is staff's intent that the district proposed to be formed be a
passive one. The homeowners association would hold title to the
lots and would be responsible for maintenance of the slopes.
There would be no open space assessments against the property
owners unless the City Council determines that the level of
maintenance provided by the association is inadequate, at which
time the Council would accept title to the lots (as offered
irrevocably on the subdivision map). Once that has occurred, the
City would then maintain the lots through open space contracts and
the cost of those contracts would be assessed against the property
owners.
Skip Lench, Lendel Company and owner of the property, spoke in
favor and confirmed the fact that the Association fee charged, as
stated in the subdivision report, is a safeguard to assure that
the Association will maintain the slopes.
There being no further testimony either for or against, the public
hearing was closed.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
22a. RESOLUTION 13343 CONDITIONALLY APPROVING FINAL MAP FOR
CNULA VISTA TRACT 82-1, WOODLAND PARK,
ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS AND EASEMENTS DEDICATED ON
SAID MAP, ACCEPTING ALL ABUTTER'S RIGHT OF
ACCESS AS RELINQUISHED ON SAID MAP,
APPROVING SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
Minutes - 8 - November 17, 1987
b. RESOLUTION 13344 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND WOODLAND PARK DEVELOPERS,
LTD. TO NOT PROTEST THE FORMATION OF AN
UNDERGROUND DISTRICT AND AUTHORIZING THE
MAYOR TO SIGN SAID AGREEMENT
c. RESOLUTION 13345 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND WOODLAND PARK DEVELOPERS,
LTD. WAIVING THE RIGHT TO PROTEST THE
FORMATION OF ANY ASSESSMENT DISTRICT
FORMED FOR THE PRIMARY OR INCIDENTAL
PURPOSE OF PROVIDING ADEQUATE SEWER
CAPACITY TO THE AREA AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
This being the time and place as advertised, Mayor pro Tempore
Moore declared the public hearing open.
Staff recommended approval of the Final Map, which has been found
to be in conformance with the approved Tentative Map and includes
rejection of an offer to dedicate lots C, D, and E for Open Space
purposes, reserving the right to accept said offer at an
unspecified future date. The lots are 'to be maintained by the
homeowner's association and the irrevocable offer to dedicate
provides a mechanism whereas the City will be able to activate
said district if and when a maintenance district needs to be
established to provide adequate maintenance for slopes.
Resolution 13228 deferred the requirement for undergrounding of
overhead utilities within the subdivision and the developer has
executed an agreement wherein he agrees, on behalf of his
successors in interest, to not protest formation of an
undergrounding district. As a condition of approval of the
Tentative Map, the developer was required to enter into an
agreement to waive the right to protest the formation of a
district for the purpose of providing sewer capacity to the area.
There being no one to offer testimony either for or against, the
public hearing was closed.
RESOLUTIONS OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the
texts was waived by unanimous consent, passed and approved.
(Councilman Malcolm voted "no" on 22b).
23. PUBLIC HEARING TO CONSIDER AN RESOLUTION ADOPTING THE
PROPOSED THRESHOLD STANDARDS AND GROWTH
MANAGEMENT OVERSIGHT COMMITTEE
RESOLUTION 13346 ADOPTING THE PROPOSED THRESHOLDS STANDARDS
UNTIL THE GROWTH MANAGEMENT COMPONENT OF
THE GENERAL PLAN IS ADOPTED
Minutes 9 November 17, 1987
The Growth Management Oversight Committee concept was unanimously
endorsed by the Planning Commission which felt the committee would
contribute greatly as an assist to the Commission and Council in
their efforts to conduct an annual review of the City's current
growth management program as well as the more comprehensive
program yet to be developed with the General Plan Update. Staff
concurs but raises some questions regarding particulars as to the
committee implementation.
It does not appear reasonable to staff to begin the GMOC process
January 1988. Staffing needs should be refined, a task force
convened on the economic study, the traffic service level study
initiated, the 12-15 month development forecast begun, and GMOC
applications for membership solicited for Council consideration.
It might be possible for the GMOC to convene later in 1988 and
submit an interim report rather than waiting until January 1989,.
to begin the full cycle.
Planning Director Krempl again stated staff support on the
majority of the proposed thresholds and offered clarification or
information on the economics, park and recreation, sewer and
traffic. The Planning Director also reminded Council that there
were two moratoriums now in place in the City of Chula Vista; one
relative to subdivision maps and the other relative to the General
Plan Amendment processing, both of which expire on December 1. In
the case of the subdivision map moratorium map, should Council act
on staff's recommendation by approval of this resolution the
subdivision moratorium would automatically expire.
Council reviewed Exhibit "A" of the proposed policy addressing all
the thresholds standards and the Growth Management Oversight
Committee.
Will Hyde, 803 Vista Way, Chula Vista, appeared to speak in favor
of adoption of the resolution, stating that he was speaking only
for Crossroads. Mr. Hyde did, however, present some modifications
to the proposed policy: Page 7, 1. Crossroads suggests
deletion; Page 14, Threshold Standard it would be more
appropriate to increase the acreage to 4 acres per thousand; Page
18 - the original language is preferred; and Page 25 Crossroads
disagrees with staff and believes that 1.e. should not be deleted.
Donald Hayes, of Bonita, representing the South San Diego Bay
Cities Board of Realtors, urged Council approval of the resolution
and congratulated the members of the Coalition for their work
which termed as "unique". Mr. Hayes expressed the willingness of
the Board of Realtors to offer their collective expertise at no
cost to the Coalition.
John Ochsner, representing Great American, stated his disagreement
with changes in the policy. As a Coalition member, he believes
that the Coalition members participate in the solution. Mr.
Ochsner said because there were many compromises, if changes need
to be made, he would ask for the opportunity to work with staff
and the City Manager's office and come up with recommendations.
Minutes lO - November 17, 1987
Bob Santos, 900 Lane Avenue, Chula Vista, representing EastLake
Development Company, apologized for his late arrival and missing
the initial comments on this item. Mr. Santos said he was
contacted by Peter Watry, a Coalition member, who mentioned the
areas of concern; one of which was the parks and recreation
standards and their agreement with the Coalition members on the
Parks and Recreation threshold.
Mr. Santos stated that he was prepared to suggest to the
Coalition to urge City Council to adopt the resolution with the
proposed staff modifications to the policy, with the exception
that the Park and Recreation standard is not modified and that
three acres per thousand remain across the board; and the Police
threshold standard would be held in abeyance for discussion. Mr.
Santos urged adoption of the balance of the thresholds as they
are in order that the Committee can move ahead.
There being no further testimony either for or against, the public
hearing was closed.
Mr. Hyde again approached Council to state that they would be
delighted to accede to Mr. Santos' suggestion and are receptive to
the opportunity to get together within the next week to address
the Police matter.
Councilmembers concurred to address Exhibit A proposed revisions
page by page.
MSC (Malcolm/McCandliss) to delete paragraph l, page ?.
(Councilman Nader voted "no")
MSUC (McCandliss/Malcolm) To change the standards on page 9,
"Threshold Standards, Emergency Response" to read, "...five
minutes in 75% of the cases, and a secondary standard of 7 minutes
in 90% of the cases."
SUBSTITUTE MOTION
M (Nader) to leave the standard at five minutes in 90% of the
cases. The motion died for lack of a second.
MSUC Nader/McCandliss) to change Page 8, No.3. Police to read,
"...the implementation measures stated above shall be reviewed on
March l, 1989 to determine if a more direct casual relationship
between the established threshold standards and new development
can be established."
Councilman Malcolm addressed Parks & Recreation Threshold
Standard, page 14, suggesting to leave the statement as staff has
with the addition of a phrase expressing the intent to bring the
entire City up to the average of three acres per thousand.
Following discussion by Councilmembers and staff, it was decided
that this would more appropriately be put into the General Plan.
Minutes ll November 17, 1987
MSUC (Malcolm/Moore) addressed Sewer, Page 18, Threshold 2., to
include both the crossed-out statement and the inserted statement.
MS (Malcolm/McCandliss) to include the addition of f. on Page 25,
Committee Responsibilities, 1., to read "...or other duties as
assigned by the City Council." After discussion by Council,
Councilman Malcolm withdrew his motion.
M (Councilman Nader) that on page 25, Committee Responsibilities,
the phrase on the first two lines, "...but not be limited to..."
be reinserred into the statement. The motion died for lack of a
second.
MS (McCandliss/Nader) page 4, Air Quality, at the end of the first
sentence which ends, "...air quality data.", a phrase be added
stating "...with follow-up with appropriate response from the
public agency." and that this same statement also be inserted
under the thresholds for Water, Schools, and Sewers.
MSUC (Nader/Malcolm) Page 25, Committee Responsibilities, the
addition of item "f" be included to state, "...review and make any
appropriate recommendations concerning the means of achieving the
thresholds outlined in the Growth Management Plan."
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, as read and as amended,
the reading of the text was waived by unanimous consent, passed
and approved unanimously.
24. ORAL COMMUNICATIONS
a. Howard M. Fousie, 202 East "J" Street, Chula Vista 92010,
reported to Council the events of an incident on October 29
when his camper was broken into. Police responded quickly,
resulting in the arrest of the intruder. Mr. Fousie intends
to sue the intruder for the damages incurred and complained
that, after paying a $5 fee for the Police report found out
that the report contains information on Mr. Fousie only and
not on the person arrested.
Councilman Malcolm asked that a member of the Police
Department meet with Mr. Fousie before he leaves this evening
for an explanation.
MSUC (McCandliss/Moore) that staff come back in written form with
a statement of this policy.
Councilman Moore, with the agreement of the maker of the motion,
added a question: Should we charge the damaged individual a fee
for receipt of the Police report?
b. Reverend Flaugher, llO0 Industrial Blvd, I-lO, Chula Vista
92011, representing the Mobile Association P.A.C., questioned
Council on reports relative to the relocation of the bowling
alley.
Minutes 12 - November 17, 1987
Councilwoman McCandliss clarified that the two sites being
considered were at the triangle intersection at Bonita, E and
Flower Streets and also the Church site.
c. Paul Greene, Sr., 141 Lotus, Chula Vista 92011, addressed
naming a facility after Dr. Martin Luther King, suggesting
that the border gate access road and the Bayside Park access
road be named, "President Juarez/Dr. King/President Kennedy
Memorial Way."
Frank Napoli, 2491 North Harbor Drive, San Diego, addressed
item 3d from the Written Communications. Mr. Napoli arrived
late for this evening's meeting and that item had already
been dealt with.
Councilman Nader explained to r4r. Napoli that Council does support
that anyone has a right to conduct a public forum of their own.
Mr. Napoli thanked Councilman Nader for his clarification.
Mr. Flaugher, llO0 Industrial, I-lO, that when a mobilehome
park is sold, the new owner should be required to bring it up
to code.
MSUC Malcolm/Nader) that staff bring back a report addressing the
issue requiring health, safety and welfare items being brought up
to standard on transfer of a mobilehome park or at any time.
PULLED ITEMS
3a. APPEAL OF DENIAL OF SUNDANCER LOUNGE DANCE PERMIT APPLICATION
ON OCTOBER 28, 1987 Thomas Homing, CPCU, Post Office Box 1677,
Bonita, CA 92002
Council questioned whether a letter should be sent to the Mayor of
the City of San Diego stating that the City of Chula Vista has no
opposition to this project. Planning Director Krempl stated that
the City has formed no decision, a draft EIR on the project has
been received and the comments are not due until November 30.
MSUC (McCandliss/Malcolm) to schedule this issue at a future City
Council meeting for review when staff is prepared to make a
comment.
17. REPORT STATE MOBILEHOME RESIDENCY LAW AND THE
RIGHT OF FIRST REFUSAL
State law currently does not contain a right of first refusal for
mobilehome owners upon sale of the park, and the City Attorney
recommended that any action in this area be delayed pending
resolution of current litigation.
Councilman Malcolm had asked for this resolution and contrary to
the recommendation, the Councilman asked that the City of Chula
Vista not wait until the Courts make a decision.
Minutes - 13 November 17, 1987
MS (Malcolm/Nader) to direct staff to bring back a resolution
implementing the first right of refusal.
Council questioned the issues in the case, Gregory v. the City of
San Juan Capistrano and the rights of the park owners.
RESTATED MOTION
MSUC (Malcolm/Nader) to direct staff to bring back an ordinance
implementing the first right of refusal with options and an
implementation plan as other cities have done, to come back as
soon as possible; and to bring back an analysis of the case of
Gregory v. the City of San Juan Capistrano as has been done by the
City Attorney of the City of San Diego.
18. REPORT CHILDREN'S ASTHMA LEAGUE OF GREATER SAN
DIEGO REQUEST TO CONDUCT A BIKE FOR BREATH
FUNDRAISER
The event will be conducted on Sunday, February 7, 1988 between
9 a.m. to 5 p.m. and marshaled by members of the South Bay and
Bonita Optimist Clubs.. Staff recommends Council approval subject
to staff conditions to provide liability insurance in the amount
of $5 million, with the City as an additional insured; to execute
a hold harmless agreement; and that participants remain within
designated bicycle lanes. Police Department and Traffic Engineer
concur in the recommendation.
MSUC (Nader/Malcolm) to accept the report and adopt the
recommendations of staff with the understanding that, if the
applicant finds that the conditions interfere with their ability
to put on the event, the item will be brought back to Council at
that time.
25. REPORT OF THE CITY MANAGER
a. City Manager Goss announced that a representative from Homart
will be making a presentation at the Redevelopment Agency
meeting and must leave for Chicago in one hour
26. MAYOR'S REPORT
a. Ratification of Appointment Mary K. Dennison to Commission
on Aging
MSUC (Moore/Nader) to ratify the appointment of Mary K. Dennison
to the Commission on Aging (Councilman Malcolm out).
b. Council Tour of December 5, 1987
Mayor pro Tempore Moore announced that Council will tour auto
parks and the redevelopment areas in the cities of Carlsbad
and Escondido and that Council will travel by bus.
Minutes 14 - November 17, 1987
27. COUNCIL COMMENTS
COUNCILWOMAN McCANDLISS:
a. Planned expenses for events.
MSUC (McCandliss/Malcolm) to establish a policy that when City
events are being planned, at the time of the request for funds, a
listing of the planned expenses be included with the request.
b. Bowling Alley sites.
Councilwoman McCandliss expressed that she had concerns with
the two sites being considered and distributed to Council and
staff a list of potential sites.
MSUC (McCandliss/Moore) to refer the list to staff for review and
discussion with Mr. Elkin for consideration.
c. San Diego Board of Supervisors Narcotics Project Grant this
project was initiated to enforce narcotic laws. Councilwoman
McCandliss would like to see a report on the City of Chula
Vista Police Department's participation.
At 10:15 p.m. the City Council adjourned to a meeting of the
Redevelopmerit Agency.
At 10:55 the Redevelopment Agency recessed to meet jointly with
the City Council in Closed Session to discuss potential litigation.
ADJOURNMENT AT ll:lO p.m. to the General Plan Workshop on November
23, 1987 at 7:00 p.m. and to the regular meeting of November 24,
1987 at 7:00 p.m.
JENNIE M. FULASZ
CITY CLERK
~puty City Clerk
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