HomeMy WebLinkAboutcc min 1987/12/01 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, December l, 1987 Council Chamber
4:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Nader, Malcolm, Mayor Cox, Councilman
Moore, Councilwoman McCandliss
MEMBERS ABSENT: None
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
MSC (Moore/Cox) to approve the Minutes of the Council Workshop,
November 23, 1987. (Councilwoman McCandliss, who was absent from
the meeting, abstained)
2. SPECIAL ORDERS OF THE DAY None.
CONSENT CALENDAR (3a 17)
Items Pulled: g, ll, 12, 15, 16, 17
City Manager Goss restated the staff recommendation on item 5 to
reflect that the item is continued to the meeting of December 8,
1987.
MSUC (McCandliss/Moore) to approve the balance of the Consent
Calendar. (Mayor Cox abstained on item 8a and b; Councilman
Malcolm abstained on item 14.)
3. WRITTEN COMMUNICATIONS
a. REQUEST FOR A STREET LIGHT AT THE CORNER OF VANCE AND MINOT
STREETS Petition signed by 8 residents and submitted by Petty J.
Terry, 135 Vance Street, Chula Vista 92010
Council directed that the request be referred to staff for
investigation and report.
MINUTES 2 December l, 1987
b. REQUEST THAT THE POLICE DEPARTMENT CONTINUE TO MONITOR CITIZEN
ALARM SYSTEMS Martin L. Altbaum, COIN MART, 255 Third Avenue,
Chula Vista 92010
Council directed that this letter be referred to staff for
teevaluation of the decision to discontinue monitoring of alarms.
4. RESOLUTION 13361 AUTHORIZING DESTRUCTION OF RECORDS
CAMPAIGN STATEMENTS
Government Code Section 81009(b) requires original campaign
statements of mayors and city councilmembers, candidates for these
offices and committees supporting these officeholders to be
retained indefinitely; however, the original statements of
candidates NOT elected to these offices shall be retained by the
filing offi~for a period of not less than five years.
5. RESOLUTION APPROVING AN AGREEMENT WITH THE COUNTY OF
SAN DIEGO FOR FUNDING AND IMPLEMENTATION
OF 1987-88 MONTGOMERY COMMUNITY
DEVELOPMENT BLOCK GRANT CAPITAL PROJECTS
This item was continued to the Meeting of December 8, 1987.
6. RESOLUTION 13362 ACCEPTING BID AND AWARDING CONTRACT FOR
PROVIDING A RADIO COMMUNICATIONS SYSTEM IN
THE CITY OF CHULA VISTA, CA
The Director of Public Works/City Engineer received the bids for
the work which includes furnishing, installing, documenting, and
testing radio communication systems for the City of Chula Vista.
Council to the contract to lone bidder, Motorola Inc., in the
amount of $299,271.87.
7a. RESOLUTION 13363 APPROVING FIRST AMENDMENT TO AGREEMENT FOR
ACOUSTICAL AND AIR ENGINEERING SERVICES
FOR THE WIDENING OF OTAY LAKES ROAD FROM
APACHE DRIVE TO RUTGERS AVENUE BETWEEN THE
CITY OF CHULA VISTA AND MESTRE-GREVE
ASSOCIATES AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AMENDMENT
b. RESOLUTION 13364 APPROVING FIRST AMENDMENT TO AGREEMENT FOR
BIOLOGICAL ANALYSIS FOR THE WIDENING OF
OTAY LAKES ROAD FROM APACHE DRIVE TO
RUTGERS AVENUE BETWEEN THE CITY OF CHULA
VISTA AND REGIONAL ENVIRONMENTAL
CONSULTANTS AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
The amendments will extend the study area to include Telegraph
Canyon Road from Apache Drive to Otay Lakes Road (Charter Point).
MINUTES 3 December l, 1987
Council amended the existing agreement with Mestre-Greve
Associates for preparation of Air and Noise Analyses for Otay
Lakes Road (Navy Housing) to include Telegraph Canyon Road from
Apache Drive to Otay Lakes Road; and amended the existing
agreements with Regional Environmental Consultants (RECON) for
preparation of a Biological Analysis for Otay Lakes Road to
include Telegraph Canyon Road from Apache Drive to Otay Lakes
Road. The fees for the additional services, $2,050, will be
funded by monies allocated from Gas Tax funds for design to widen
Otay Lakes Road.
8a. RESOLUTION 13365 APPROVING FINAL MAP FOR CHULA VISTA TRACT
86-3, BONITA LONG CANYON UNIT NO. 6,
ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS DEDICATED ON SAID MAP,
ACCEPTING ON BEHALF OF THE CITY OF CHULA
VISTA THE EASEMENTS GRANTED ON SAID MAP,
APPROVING SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
b. RESOLUTION 13366 ACCEPTING GRANTS OF EASEMENTS FROM BONITA
LONG CANYON PARTNERSHIP FOR OFFSITE
DRAINAGE AND ACCESS PURPOSES IN
CONJUNCTION WITH CHULA VISTA TRACT 86-3,
BONITA LONG CANYON ESTATES UNIT NO. 6
Mayor Cox abstained from the vote, awaiting a decision from the
Fair Political Practices Commission on his possible ~onflict of
interest regarding matters dealing with Home Federal Bank.
9. RESOLUTION 13368 PROVIDING FOR THE SPECIAL APPROPRIATION OF
FUNDS TO PAY FOR ADDITIONAL SECURITY IN
THE PARKING FACILITY AND DOWNTOWN AREA
Pulled from the Consent Agenda.
lO. RESOLUTION 13367 ACCEPTING CALIFORNIA LIBRARY SERVICES ACT
GRANT FUNDS FOR THE PURPOSE OF PROVIDING
LITERACY SERVICES IN CHULA VISTA AND
APPROPRIATING THESE FUNDS TO AMEND THE FY
1987-88 BUDGET
The State of California approved the Chula Vista Public Library's
application for grant funds in the amount of $48,290 for FY
1987-88 to provide financial assistance in establishing adult
literacy services in Chula Vista through the Chula Vista Literacy
Team composed of the Chula Vista Public Library, the Altrusa Club
of Chula Vista and the Chula Vista Adult School. The City will
receive $253,840 in grant funds over a five-year period for a
Chula Vista based literacy program; and will directly receive
$21,131 (approximately 8~) to administer the program.
MINUTES - 4 December l, 1987
ll. REPORT ESTABLISHING A POLICY FOR BOARDS,
COMMISSION, COMMITTEES (BCC) ABSENCES
Pulled from the Consent Agenda.
12. REPORT REGARDING REVIEW OF TRAFFIC CONDITIONS AT
100 NORTH SECOND AVENUE NEAR THE KOA
CAMPGROUNDS
Pulled from the Consent Agenda.
13. REPORT REGARDING ORAL COMMUNICATION FROM MR. JOHN
PIERCE (1931 RUE CHATEAU, CHULA VISTA)
REQUESTING STOP SIGNS, PAVEMENT STRIPING,
LIMIT LINES AND CROSSWALKS IN THE EASTLAKE
AREA
Council accepted Staff's report recommending no installation of
crosswalks or all-way stop signs at the intersections of Lakeshore
Drive/EastLake Drive and Hillside Drive/EastLake Drive; and to
post a 30 mph speed limit on Lakeshore Drive and Hillside Drive.
14. REPORT RELOCATION FEASIBILITY ANALYSIS FOR THE
SAN DIEGO COUNTRY CLUB
Milford Wayne Donaldson, architect, studied the feasibility of
relocating the existing San Diego Country Club building to another
site for reuse as a public building. Council concluded from the
staff report that, while it is physically feasible to relocate the
existing Country Club structure for reuse as a library within
Montgomery it is not appropriate to do so for the reasons stated
within the report. Staff is to formulate a request to the Board
of the San Diego Country Club to allow the City to retain as many
features of the building as possible (windows, door trim, etc.)
prior to demolition for storage and possible future use in.a new
building which might be built in accordance with the original
architectural plans or for historic retention.
Councilman Malcolm abstained from the vote on this item because of
his membership in the San Diego Country Club.
15. REPORT MORATORIUM EXTENSION ON GENERAL PLAN
AMENDMENTS WITHIN THE AREA EAST OF 1-805
Pulled from the Consent Agenda.
16. REPORT REQUESTING CANCELLATION OF FIRST MEETINGS
IN DECEMBER
Pulled from the Consent Agenda.
17. REPORT CONCEPT APPROVAL OF A TREE FARM PROPOSAL
ON CITY OWNED PROPERTY AT NORTHWEST CORNER
OF "H" STREET AND 1-805
Pulled from the Consent Agenda.
MINUTES 5 December l, 1987
18. ORDINANCE 2241 AMENDING SECTION 19.60.360 OF THE CHULA
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 SECOND READING
& ADOPTION
On August 25, 2987, the Council adopted a 90-day urgency ordinance
to exempt service stations located along specified scenic
corridors from State regulations requiring price signs to be
clearly visible from an abutting street or highway. The ordinance
was placed on first reading at the meeting of November 24, 1987.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
19, PUBLIC HEARING APPEAL OF DANCE PERMIT - TOM HORNING, 1011
BROADWAY (TIOGA) SUNDANCER LOUNGE
Mr. Tom Homing had verbally requested that the Public Hearing be
continued to the meeting of December 8, 1987 and, subsequently,
there was a request by the owner of the property to consider the
issue as scheduled. Councilmembers verified with the City Clerk
that the Public Hearing notices were properly posted and
interested parties properly and timely notified. There was
concurrence that the item should be continued to a meeting to be
heard by a full Council and for a staff report.
MSUC (McCandliss/Nader) to continue this item to Thursday,
December 3, following the Redevelopmerit Agency Meeting.
20. ORAL COMMUNICATIONS None
PULLED ITEMS
9. RESOLUTION 13368 PROVIDING FOR THE SPECIAL APPROPRIATION OF
FUNDS TO PAY FOR ADDITIONAL SECURITY IN
THE PARKING FACILITY AND DOWNTOWN AREA
On July 14, 1987, City Council Resolution No. 13126 revised the
in-lieu parking fee policy to allow the expenditure of in-lieu
parking fee revenues for the purchase or development of public
parking facilities. This revision was in order to allow the use
of both in-lieu fee funds and Redevelopment Agency funds together
for the purpose of acquiring or developing land in the Downtown
area for public parking. As a trade-off for expending
Redevelopment funds for that purpose, it was recommended by staff
and approved by Council that Parking Meter Funds be used to
finance additional security downtown. Police Reserves have been
patrolling the downtown area for the past three months.
MINUTES - 6 December l, 1987
Councilwoman McCandliss questioned the specific use of the funds
as stated in the resolution, and Director of Public Safety Winters
explained that the Police Reserves, when available, will cover the
parking structures and the shopping plaza, as well as the
surrounding streets and the Park itself.
Mayor Cox reminded Councilmembers that an appropriation of funds
demands a 4/5 vote of the Council.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
ll. REPORT ESTABLISHING A POLICY FOR BOARDS,
COMMISSION, COMMITTEES (BCC) ABSENCES
In her written report to Council, City Clerk Fulasz stated that,
during the annual review of the attendance report of the BCCs, it
was obvious that some commissions are experiencing a problem with
certain of their members being absent for a majority of the
meetings, even though their absences were noted as excused. This
creates a hardship on the BBCs not only in trying to obtain a
quorum but also in not having the expertise of the entire
membership for the conduct of their business.
She recommended that a new Council policy be established declaring
that if a member is absent for more than a majority that is, 7
or more meetings out of 12 (minimum meetings for most commissions
per year), his or her seat will become vacant. As in the case of
the Planning Commission (or others who meet on a weekly basis),
this would be 26 out of a possible 48 - this includes the
workshops.
Councilman Nader disagreed, stating his belief that the policy
should be more stringent and suggested language to state the
Members would be expected to be in attendance 3/4 of the meeting
times.
MSUC (Nader/McCandliss) to require a Member to be present or with
any excused absence for three-quarters of the time within any
calendar year; and to direct staff to review with the
Commissioners if there is a need to define the word, "excused".
12. REPORT REGARDING REVIEW OF TRAFFIC CONDITIONS AT
lO0 NORTH SECOND AVENUE NEAR THE KOA
CAMPGROUNDS
At the Council meeting of September 15, 1987, Councilman Malcolm
indicated that a number of accidents have occurred near the KOA
Campground entrance on North Second Avenue. Council requested
that staff and the Safety Commission review this location and
return to Council with a report and recommendation to mitigate
potential traffic problems in this area. A review of accidents in
this segment of North Second Avenue for the past two years
indicates that most of the reported accidents were not susceptible
to correction by traffic engineering measures.
MINUTES 7 December l, 1987
Staff recommended Council accept the report of the Director of
Public Works/City Engineer recommending the installation of a
double yellow centerline and additional reflective markers, and
removal of some on-street parking on Second Avenue in proximity to
the KOA Campground entrance, which was specifically explained by
the Director to be 20' each side of the KOA Campground driveway.
MS (Moore/Malcolm) to install a double yellow centerline and
additional reflective markers, with the removal of parking 20'
each side of the KOA driveway.
Council questioned the standards for major collector roads, the
accident rate on the road in question and the reasons for the
recommendation
Thelma Salo, llO North Second Avenue (#46), stated that the street
is not wide enough for the trucks, and her agreement with the
Safety Commission recommendation for red curbing.
SUBSTITUTE MOTION:
MS. (Nader/Malcolm) to adopt the Safety Commission recommendation,
which is the same as the staff recommendation with the addition of
red curbing on the length of the east side of Second Avenue.
Councilman Malcolm suggested what he termed a "reasonable
compromise" to go 150' with a red curb beyond the KOA Campground.
Ken Toy, llO Second Avenue (#41), voiced his opposition to
restriction of parking, although his car has been hit while parked
in the area. Mr. Toy suggested an enhanced police enforcement in
that area as a first step effort.
Councilman Moore questioned the number of parking spaces allotted
to the tenants of the condominium complex.
SUBSTITUTE MOTION:
MSUC (Nader/McCandliss) to accept the staff recommendation and to
bring this item back in one week with a report from Staff on the
number of parking spaces in the condominium complex, and any
additional comments on the red curbing from the KOA Campground to
Bayview.
15. REPORT MORATORIUM EXTENSION ON GENERAL PLAN
AMENDMENTS WITHIN THE AREA EAST OF 1-805
Mayor Cox abstained from participation on this item, awaiting a
decision from the Fair Political Practices Commission regarding
his possible conflict of interest on matters regarding Home
Federal Bank.
Mayor pro Tempore Malcolm took the gavel and announced that he
would abstain from this discussion because of his holdings in
Great American stock.
Councilman Nader chaired the Meeting.
MINUTES 8 - December l, 1987
In March 1987, Council passed a 90-day moratorium on the
processing of General Plan Amendments east of 1-805, excepting
Otay Rio Business Park (which has subsequently received approval
by Council). On June 23, 1987, Council extended that moratorium
for 6 months and exempted Otay Rio Business Park, EastLake Greens
and Rancho Del Sur II. On July 14, 1987, Council reconsidered and
enacted a new moratorium on General Plan Amendments east of 1-805
for 90 days with no exceptions. Staff, however, was authorized to
allow pre-planning work to proceed which primarily involved work
by outside parties under City auspices.
Director of Planning Krempl stated he does not think it necessary
to extend a GPA moratorium beyond December l, 1987. There is a
considerable lag time in the processing of a General Plan
Amendment from filing date to public hearings before the Planning
Commission and City Council. The General Plan Update process has
already produced a significant amount of baseline data which will
be helpful in evaluating plan amendment proposals. Staff
anticipates a conceptual land use direction from the City Council
sometime this month. For all of these reasons, staff feels no
additional moratorium is needed. Should Council disagree, staff
can could bring forward a new moratorium ordinance on December 8,
1987 for consideration, which ordinance takes a 4/5 vote.
Councilman Nader registered his opposition to the recommendation
stating he would like to see the moratorium extended until Council
gets into the "flesh and bones" of the General Plan Update.
MS (Nader/McCandliss) to direct staff to bring back an ordinance
next week entending the moratorium ordinance. (Motion failed;
Councilman Moore voted no)
Councilmembers questioned staff relative to the General Plan
Amendment, the progress and schedule. The Planning Director
stated the December 17th Workshop should be a major decision
workshop.
Mayor Cox resumed the Chair, and Mayor pro Tempore Malcolm
returned to the meeting.
16. REPORT REQUESTING CANCELLATION OF FIRST MEETINGS
IN DECEMBER
During the week of Thanksgiving, the employees have Thursday and
Friday off - working three days during that week. This presents
quite a problem in the City Clerk's office in' having to attend
Council meetings, take minutes and then immediately having to
prepare for the next scheduled Council meeting.
The City Clerk recommended that beginning in 1989, Council cancel
the first scheduled meeting in December as an established policy.
There is a fifth Tuesday in 1988, so no meeting has to be
cancelled..
Councilwoman McCandliss, although not disputing the problem,
questioned the solution. City Manager Goss agreed that the
problem is an accurate one. Councilman Moore commented there
would be no adverse benefits to the public since the Council can
MINUTES - 9 - December l, 1987
MS (McCandliss/Nader) to refer back to staff for a more fully
developed report with alternatives. Motion failed (Councilmembers
Moore, Malcolm and Mayor Cox voted no)
MSC (Cox/Moore) to amend the recommendation to state that Council
cancel the first meeting after Thanksgiving. (Councilwoman
McCandliss voted no)
17. REPORT CONCEPT APPROVAL OF A TREE FARM PROPOSAL
ON CITY OWNED PROPERTY AT NORTHWEST CORNER
OF "H" STREET AND 1-805
Assistant City Manager Asmus reported that Mr. Frank Ferreira has
expressed a verbal interest in utilizing the City owned property
at the northwest corner of "H" Street and 1-805 as a tree
nursery/farm as a part of his rather extensive tree nursery hobby
that he has been engaged in for some time. While it will be
necessary to develop an agreement between the City and Mr.
Ferriera before the program could be implemented, the proposal on
its surface seems to offer a number of advantages to the City. He
recommended that Council approve the tree farm in concept and
direct staff to work toward an agreement for final acceptance or
rejection by the City Council.
Councilwoman McCandliss questioned the intent of the "hobby", and
was assured that Mr. Ferreira is not proposing a business at that
location.
MSUC (McCandliss/Malcolm) to approve the staff recommendation.
21. REPORT OF THE CITY MANAGER
a. Sweetwater Corridor Study scheduled for December 3 is
cancelled and will be rescheduled;
b. The Council Tour will occur on Saturday, December 5 at 8 a.m.;
c. Interviews for candidates for the Senior Management Assistant
will be held in Closed Session this evening; and
d. Commended staff for working on Toy and Food Drive in
coordination with other City of Chula Vista agencies.
22. MAYOR'S REPORT - None
23. COUNCIL COMMENTS
COUNCILMAN MOORE:
a. Pleased to see staff and employees involved in community
activities
b. Suggested that the City Attorney come back with the report on
the right of refusal for mobilehome parks (which is scheduled to
return to Council on December l~th)
MINUTES lO - December l, 1987
COUNCILMAN MALCOLM:
c. Announced his absence from the meeting of December 8th because
of a conflicting meeting with the Coastal Commission.
At 5:35 p.m., MSUC (Cox/Nader) to adjourn to Closed Session for
matters of Personnel.
ADJOURNMENT AT 6:10 p.m. to the Adjourned Meeting of December 3rd
immediately following the 7:00 p.m. Redevelopment Agency Meeting;
the Council Tour on December 5 at 8:00 a.m., and the Regular
Meeting of December 8, 1987 at 7 p.m.
JENNIE M. FULASZ, CMC
City Clerk
~8n-Fortune
Deputy City Clerk
1118C