HomeMy WebLinkAboutcc min 1989/10/10 A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, October lO, 1 989 Council Chamber
6:00 p.m. Public Services Building
Regular Meeting
CALL TO ORDER
1. ROLL CALL: Councilmembers Malcolm X (left at 6:20),
McCandliss X (arrived at 6:10), Moore X
Nader X ~Cox X
2.PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: October 2 and 3, 1989.
(Malcolm/Moore) to approve the minutes 4-0-1 (Councilwoman McCandliss out).
4. SPECIAL ORDERS OF THE DAY:
a. Presentation by the Tall Ship Society of San Diego County - Mark Cox,
Chainnan
Mark Cox presented his report noting 16 high school students from Sweetwater
Union High School left this week on a two-week cruise with the Tall Ship
Californian, the official Tall Ship Ambassador of the State of California.
Mr. Cox also thanked the business that ,have contributed to the scholarship
program that enabled the students to go on this trip. Mr. Cox thanked Rohr
Industries, Baldwin Vista Associates, California Yacht Marina, Chula Vista
Marina/RV Park and Robert Sutherland, McDonald Corporation. Medallions were
presented to the following contributors: Ken Aden, Vice President, EastLake
Development; Pat Cavinaugh, Publisher, Star-News; Jim Carter, Great American
Development, Sunbow Project; Mark McMillin, McMillin Development; and Bob
McRann, General Manager/Vice President, Cox Cable. Mr. Cox also acknowledged
the support from the Port District in making this possible. He then presented
a picture of the Chula Vista One Design to Mayor Cox and the Council for all
their support and making the Californian a part of the community.
b. Presentation by Chula Vista Yacht Club on Little America's Cup - Patty
Krebbs
Ms. Krebs noted that on September 8, the Chula Vista Yacht Club officially
announced their challenge for the Little America's Cup. She noted the Cup was
on loan from the government of Austrialia for one month and would be on
display at the Chula Vista Shopping Center and San Diego Convention Center.
She thanked Council for helping them and for their support.
CONSENT CALENDAR (Items 5a through 17)
Pulled: Item 14
BALANCE OF CONSENT CALENDAR OFFERED BY COUNCILMAN MALCOLM.
Minutes - 2 - October 10, 1989
City Manager Goss noted Bud Porter of the San Diego County Counbcil of Real
Estate Boards requested Item 14 be considered at another time until the
Legislative action in January on AB 1053. The item was pulled for discussion.
VOTE ON CONSENT CALENDAR
The motion carried unanimously.
5. WRITTEN COMMUNICATIONS
a. Request for waiver of license requirement for craft fair - Luisa
Murray, Chairman, Tiffany Elementary PTA, 16gl Elmhurst Street, Chula
Vista 92013
The request for waiver of business license fees from Tiffany Elementary School
was granted.
b. Resignation from Cultural Arts Subcommittee Jane B. Wedemeyer, 312
Stanford Avenue, Coalinga, CA 93210
The resignation was accepted with regret.
c. Resignations of Lucille MacDougall and Caroline M. McVey from United
Nations Day Committee
The resignations were accepted with regret.
6. RESOLUTION 15325 APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING
SERVICES FOR THE OLYMPIC TILAINING CENTER PROJECT
The agreement is for temporary professional planning assistance. The
assistance will allow the City to process, in a timely fashion, plans for the
150 acre Olympic Training Center (OTC) located between Hunte Parkway and Lower
Otay Reservoir. Council approved the agreement. (Director of Planning)
7. RESOLUTION 15326 AUTHORIZING SALE OF SURPLUS PATROL VEHICLES TO
THE CITY OF TIjUANA
In response to a request from the Mayor of Tijuana and the Director of the San
Diego County Department of Transborder Affairs, Council amended Section
2.56.220 of the Municipal Code relating to the disposal of surplus supplies,
materials, and equipment. The purpose of the amendment was to provide the
Council flexibility in cooperating with other jurisdictions in the disposition
of City property. Council authorized the sale of the vehicles to the City of
TiJuana. (Director of Finance)
8. RESOLUTION 15327 PROVIDING FOR THE ANNUAL INCREASE IN COMPENSATION/a/~
FOR MEMBERS OF THE CIl~f COUNCIL AND THE MAYOR
On November 8, 1988, the voters of Chula Vista passed Propositions 0 and P
which established the Mayor's salary at $37,200 and the Council's salary at
$14,880 (40% of the Mayor's salary). The voters also approved a provision
allowing the salary to be increased annually by a resolution of the City
Council in an amount not to exceed the All Urban Consumer/All Items Component
of the San Diego Metropolitan Area U (Broader Base) Consumer Price Index.
That Index is published twice yearly in June and December. The latest index
(june) showed the increase to be 5.7%. (City Attorney)
Minutes - 3 - October 10, 1989
9. RESOLUTION 15328 RELEASING VICTOR O. WEISSER FROH AN AGREEMENT
WITH THE CITY OF CHULA VISTA
On March 19, 1 974, the City Council approved an agreement between the City and
Victor O. Weisser establishing conditions for approval of parcel map by
Resolution No. 7237. All these conditions have been met. Council approved
the release of Mr. Weisser from said agreement. (Director of Public Works)
lO. RESOLUTION 15329 APPROVING SUPPLEMENT NO. 1 TO CHANGE ORDER NO. 1
AND CHANGE ORDER NO. 2, TI~AFFIC SIGNAL MASTER
CONTROL SYSTEM TO THE CITY OF CHULA VISTA AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
EXECUTE
Proposed Supplement No. 1 to Change Order No. 1 compensates the contractor for
the installation of the telephone signal interconnect cable linking the
traffic signal Master Control System via Pacific Bell telephone lines to each
of 92 traffic controllers. Proposed Change Order No. 2 is to compensate the
contractor for the addition of two intersections to the contract and for the
removal/reconstruction of minor retaining walls at various locations.
(Director of Public Works)
ll. RESOLUTION 15330 APPROVING SECOND A/4ENDMENT TO AN AGREE14ENT FOR
CONSULTANT ENGINEERING SERVICES FOR PUBLIC
FACILITIES DEVELOPMENT IMPACT FEE AND
APPROPRIATING FUNDS
On August 8, 1989, Council adopted the Public Facilities Development Impact
Fee which provides for construction of certain public facilities. As a part
of the report implementing the Development Impact Fee, Council also approved
hiring a consultant to fine tune the Public Facilities Development Impact
Fee. The agreement will provide for those services. Council approved the
agreement and directed staff to appropriate funds from the unappropriated
balance of the Public Facilities Development Impact Fee Fund. - (Budget
Officer)
12a. RESOLUTION 15331 REVISING SALARY BANDS FOR EXECUTIVE MANAGEMENT
PERSONNEL IN THE CITY OF CHULA VISTA FOR FISCAL
YEAR lgBg-gO
b. RESOLUTION 15332 ESTABLISHING THE COMPENSATION AND FRINGE BENEFIT
PLAN FOR THE UNREPRESENTED/UNCLASSIFIED EMPLOYEES
FOR FISCAL YEAR 1989-90
c. RESOLUTION 15333 ESTABLISHING EXECUTIVE AND MIDDLE MANAGEMENT
FRINGE BENEFITS FOR FISCAL YEAR 1989-90
d. RESOLUTION 15334 ESTABLISHING THE COMPENSATION PLAN FOR THE
UNCLASSIFIED/HOURLY EI~PLOYEES FOR FISC/U. YEAR
1989-90
e. RESOLUTION 15335 ESTABLISHING THE COMPENSATION PLAN FOR THE MIDDLE
MANAGEMENT EMPLOYEES FOR FISCAL YEAR 1989-g0
The resolutions provide for adjusting the salary band, compensations and
fringe benefits plans and wages for executive management,
unrepresented/unclassified, middle management, and unclassified hourly
personnel. (City Manager)
Minutes - 4 - October lO, 1989
13. ORDINANCE 2313 AMENDING THE CHULA VISTA MUNICIPAL CODE BY ADDING
A NEW CHAPTER 8.36 RELATING TO THE REGULATION OF
THE STORAGE AND DISPOSAL OF MEDICAL WASTES
(second reading and adoption)
This ordinance will regulate small generators of biohazardous waste (those
producing 220 pounds or less of such waste material per month). Generators
would include veterinarians, dentists and physicians. Large generators are
presently regulated by Title 22, California Code of Regulations. (Director of
Public Safety).
14. ORDINANCE AMENDING CHAPTER 9.18 OF THE CHULA VISTA
MUNICIPAL CODE REGARDING RENTAL OF HOUSING USED
FOR DRUG ACTIVITY - (first reading) (City
Attorney)
Pulled from Consent Calendar.
15. REPORT REQUEST TO CONDUCT BIKE FOR BREATH EVENT /~l&~
The Chil dren's Asthma League of Greater San Diego has requested permission to
conduct their 13th annual Bike for Breath event. It is recommended that
Council approve the request subject to staff conditions. (Director of Parks &
Recreation)
16. REPORT REQUEST TO CONDUCT PARADE - MONTGOMERY SCHOOL /~/~
The principal of Montgomery Elementary School has requested permission' to
conduct a school parade on October 13, 1989, from 12:45 - 1:45 p.m. The
parade commemorates E1 Dia De La Raza (Columbus Day). It is recommended
Council approve the request subject to staff conditions. (Director of Parks &
Recreation)
17. REPORT REQUEST TO CONDUCT PARADE - ROHR SCHOOL ,'~I:'~-~
Dr. Larry Blocker, Principal of Rohr Elementary School, has requested
permission to conduct a neighborhood parade in the vicinity of Rohr Elementary
School (on October 31, 1989 from 3:30-4:30 p.m.). It is recommended Council
approve the request subject to staff conditions. (Director of Parks &
Recreation)
Mayor Cox noted that two Councilmembers may be leaving early and with
Council's consent, adjourned to the Redevelopment Agency meeting at 6:15 p.m.
to discuss two items needing a four-fifths vote. Council reconvened at at
6:20 p.m.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
18. PUBLIC HEARING CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR
SUN-UP VISTA, CHULA VISTA TRACT 89-12 - GOLD KEY
DEVELOPMENT (Director of Planning)
RESOLUTION APPROVING THE TENTATIVE SUBDIVISION MAP FOR
SUN-UP VISTA, CVT 89-12 - GOLD KEY DEVELOPMENT
Minutes - 5 - October lO, 1989
This being the time and place as advertised, Mayor Cox declared the public
hearing open.
Director of Planning Krempl presented slides and reported that the applicant
has submitted a tentative subdivision map known as Sun-Up Vista, CVT 89-12,
proposing to subdivide 2.31 acres located on the south side of Telegraph
Canyon Road, east of Hill top Drive, into 9 single-family lots. The property
includes an existing house at 66 Telegraph Canyon Road and extends easterly
approximately 600 feet.
Director Krempl also noted the applicant would also be improving an unimproved
drainage channel. A private drive would be bridged across the channel to
provide access to lots. Staff noted two issues that had developed: regarding
the panhandle situation, staff recommended the lots be consolidated into two
lots rather than three which would result in a less congested site plan.
Condition one of the staff report detailed this issue. The second issue was
the usable yard area. Condition two (minimum 15 foot sideyard) indicated that
CCR's should be recorded with the City to prohibit any future construction
within the 15 foot sideyard. Fire protection, drainage and maintenance of the
drainage facilities were addressed in condition numbers 8, 9, 10, 12 and 16.
Councilwoman McCandliss questioned the sprinkler systems on lots one, two and
three, specifically if there was enough width in the driveway for emergency
vehicles to get back to the structure, or if the fire suppression system was
going be a sprinkler system in the home.
Fire Marshall Gove responded that in this instance there was no room to turn
the fire apparatus around so the option was to fire sprinkle the building.
The vehicles would still be on the scene to fight the fire but the rig would
stay on the street. Fire Marshall Gove related that in a residential sprinkle
system, the system in the home would discharge approximately 13 gallons of
water per minute, which in most cases, would control or extinguish the fire.
She noted she was comfortable with this system.
Councilman Nader asked staff if the drainage channel was part of the lot and
if these pieces were taken out would this meet the FAR. Staff noted the
drainage channel was part of the lot and counted as part of the FAR.
Councilman Nader then note his concern with the loss of open space and animal
wildlife in the area. Mr. Krempl responded that the loss of open space is a
policy issue and the wildlife assessment that was done in conjunction with the
Initial Study did not indicate any wil dlife noted on the property.
Ralph Needer, 81 East San Miguel asked Council what would happen to the pipe
in the area, will it be going underground.
Director of Public Works Lippitt noted that it is a sewer pipe in the air and
i t will stay where it is. There may be some area that will be covered, but
there will be protection where people will not climb up on it.
There being no further public testimony, the public hearing was closed.
Councilwoman McCandliss noted she had some reservations about the project and
felt Councilmen Malcolm and Moore should be present.
Minutes - 6 - October lO, 1989
MOTION
llF6ti~dliss/Cox) to continue to October 17, 1989.
City Attorney Fritsch noted that Councilman Moore had left the dais, noting a
possible conflict of interest since he lived in the area, and would be
abstaining.
VOTE ON MOTION
)he motion to continue carried 3-O-l-1 (Councilman Malcolm out; Councilman
Moore abstained).
19. PUBLIC HEARING CONSIDERATION OF TENTATIVE SUBDIVISION MAP AND
DESIGN GUIDELINES FOR RANCHO DEL REY SPA II,
CHULA VISTA TRACT 89-5 - RANCHO DEL REY
PARTNERSHIP (Director of Planning)
RESOLUTION 15336 APPROVING THE TENTATIVE SUBDIVISION MAP AND ~/~%
DESIGN GUIDELINES FOR RANCHO DEL REY SPA II, CVT
89-5 - RANCHO DEL REY PARTNERSHIP
Tony Lettieri, Consultant presented slides and reported that the proposed 567
unit subdivision for Rancho del Rey SPA II encompasses an area of 376 acres
and represents the second phase of the overall E1 Rancho del Rey Specific
Plan. That specific pl an was approved by Council in 1985. Rancho del Rey SPA
I Plan and tentative maps were approved by Council in 1987. Included in this
consideration are the Rancho del Rey SPA II design guidelines which were
submitted to the P1 anning Commission with the Rancho del Rey SPA II pl arts.
Mr. Lettieri also pointed out two conditions: one relating to the provision
of low/moderate income housing and the second condition relating to
conformance with the growth management el ement when i t goes before Council for
approval, and the provisions adopted at that time.
Councilman Nader asked how much larger an estate lot was than a conventional
lot. Staff responded that the estate lots average about 14,000 square feet
and conventional lots were about 6,700 square feet. As to the low and
moderate income prices, Mr. Lettieri was not sure of the pricing.
Ken Baumgartner, Rancho del Rey Partnership, 2727 Hoover Avenue, National
City 92050 noted that this project culminates two years of planing activity.
They have worked with staff to come up with a land plan that provides a large
set of estate lots with single family lots that are various sizes;
approximately 43% of this plan will remain in open space; asked Council's
support.
There being no further public testimony, the public hearing was closed.
In answer to Councilman Nader's question, Mr. Lettieri responded that the
areas that are extensions of the residential lot are differentiated from the
slope area and the area that would remain in its natural state. The grading
is necessary to create estate size lots.
RESOLUTION OFFERED BY MAYOR COX.
Minutes - 7 - October lO, 1989
Mayor Cox noted that in looking at this plan there was a concern on the part
of Council to focus on the higher density portions of the project which
provide affordable housing and a concern that the estate lots would be built
way in the future. This overall package addresses an area to meet the needs
of the community; overall this is a good project.
VOTE ON MOTION
The motion passed 3-1-1 (Councilman Nader voted no; Councilman Malcolm out).
OTHER BUSINESS
20, ORAL COMMUNICATIONS None.
21. ITEMS PULLED FROM THE CONSENT CALENDAR
14. ORDINANCE 2337 AMENDING CHAPTER 9.18 OF THE CHULA VISTA
MUNICIPAL CODE REGARDING RENTAL OF HOUSING USED
FOR DRUG ACTIVITY - (first reading) (City
Attorney)
The proposed ordinance would encourage and assist landlords in their efforts
to eliminate the use of rental housing for illegal drug related purposes. It
would also enable the City Attorney to take action against landlords who
refuse to eliminate the use of their rental premises for drug related
activities.
City Manager Goss responded to a request from the City of San Diego noting
concerns from the Board of Realtors regarding the Poway ordinance. Their
concern is that the landlord could face possibility of a civil lawsuit if the
tenant is found innocent after the landlord has evicted them for selling or
manufacturing illegal drugs.
Deputy City Attorney Fritsch noted there is a possibility this can happen;
could be some objection from the landlords, but they have heard none; there is
a potential for a lawsuit if criminal action is found; if you want to immunize
landlord from a suit, the City cannot do it, the State can. She also noted
the proof required is not the same as that required in a criminal case; this
ordinance tries to address the situation where there may not be that standard
of proof.
Councilwoman McCandliss noted she supports the intent but there needs to be
some decision and understanding as to what criteria we can use to act on; what
is needed to implement this.
City Manager Goss stated recommended proceeding with the ordinance and contact
any interested parties (Chamber of Commerce, the Apartment House Association,
Board of Real tors) to discuss, in terms of the details, how the section would
be implemented.
Minutes - 8 - October lO, 1989
Ted Kimball, San Diego County Apartment Association, San Diego, CA 92101
noted what the ordinance would do: it gives the owner of property knowledge
that this activity is going on; gives the property owner a tool to bring
evidence into court; keys in on those landlords who don't care about their
property or are actually involved with the users or dealers; can help Chula
Vista eliminate drugs in the apartment units; gives message to dealers they
will be under this ordinance and that the landlord can evict them; only
liability problem that he can see is defamation suit and third party
liability; supports ordinance.
Phil Bohham, Scott Silverman, Management Alert, P.O. Box 12902, La Jolla spoke
in support of the ordinance. They noted they have done much work with
properties that are crime related and drug infested; if landlords faced with
foreclosure of properties because of drugs, they will opt to clean up
property; sees tenters who deal in drugs will not want to go to court and
fight an eviction case, they have problems enough in the drug area; this
provides landlord with an access and a way to get out of those problems;
cannot take this lightly;
Mayor Cox suggested that it would be a good idea if prior to the enactment of
the ordinance, try to see i f staff can get the San Diego County Apartment
Owners Association, San Diego Council of Real Estate Boards, and Management
Alert to work on the actual enforcement of the ordinance.
ORDINANCE PLACE ON FIRST READING BY MAYOR COX, the reading of the text was
waive, passed and approved 4-0-1 (Malcolm out).
MOTION
McCandliss/Nader) directed staff to meet with the appropriate groups and
professional organizations and develop an enforcement criteria for the
ordinance. The motion carried 4-0-1 (Malcolm out).
22. CITY MANAGER'S REPORT(S)
a. Scheduling of Council Meetings
City Manager Goss remined Council there will be no meetings on October 24
and 31.
23. MAYOR'S REPORT(S)
a. Norman Park Senior Center renovation
Mayor Cox updated Council on the Norman Park Senior Center project. He noted
the Task Force had met and discussed the issue of a lack of facilities within
the Norman Park Center for senior serving agencies. They agreed that instead
of moving forward with the plans they had reviewed and approved, there was a
desire to address the additional need for a Senior Serving Agency. The
architect that designed the original plans agreed to look at a second building
and have provided a site plan. There was a concern that it would take up more
open space, will be an add-on, and may delay the project by several months,
the consensus was that it would be better to have a facility to truly meet the
needs of seniors in Chula Vista.
Minutes - 9 - October lO, 1989
The recommendation was not to move forward with the plans they had approved
but to go out and look at the possibility of going out for architectural
services and construction. They will need to get an RFP together, which will
take several weeks. The will be another report brought back at a subsequent
meeting with further information.
Councilwoman McCandliss asked that more details be supplied to Council on the
next report.
24. COUNCIL CO~V4ENTS
Councilwoman McCandliss:
a. Noted that the San Diego County Water has brochures available that list
examples of native and drought resistant plants. She requested that
staff get a supply to make available to the public.
b. Regarding the trolley crossing report in Council's packet, Councilwoman
McCandliss requested that staff docket the item next week for action.
c. Complimented the Police Department on their recent operation to check on
sales of alcoholic beverages to minors.
Councilman Nader:
d. Consideration of phasing of major developments - Councilman Nader noted
the large amount of material Council had to read prior to each meeting
and suggested that staff split major development hearings into two or
three pieces. This would only apply to major developments. He
suggested that consideration for these projects be split up into two
phases: the EIR/General Development Plan and the SPA Plan/Tentative Map.
MOTION
~/McCandliss) to adopt a policy that large development projects be split
as outlined in the City Manager's memo, the EIR and General Development Plan
in one phase and SPA and Tentative Map in the other; and to refer to staff for
recommendation for the criteria to be used to determine which projects are
large enough to merit that consideration.
Council discussion followed regarding the sequence or time lag between these
projects, duplication of paperwork and reading, need to advertise separately
or again; what the previous actions were on the project; need for input on the
General Development Plan as soon as possible; would there an increase in fees.
Mayor Cox asked Councilman Nader if he would include in his motion the option
of having separate Council meetings. Councilman Nader agreed.
VOTE ON MOTION
The motion passed 4-0-1 (Councilman Malcolm out).
e. Introduced Risa Gechtman, his new aide in the Council office.
f. Youth sports funding - a referral to Parks and Recreation and the Youth
Commission to be brought back at budget time to consider some type of
program (scholarship/funding) for low income youth who cannot afford to
pay for program.
(Nader/Moore) The motion passed 4-0-1 (Councilman Malcolm out).
Minutes - lO - October lO, 1989
g. Possible rezone of G Street between Second and Third Avenue
Noted that after the General Plan Update, there were a number of areas that
are not consistent with the zone designations and need to be rezoned. It was
suggested that in the course of sequencing these rezones, the above mentioned
property be placed on first priority.
MOTION
ll~t~F) that the potential rezone of G Street between Second and Third be
among the first rezones to conform to the General Plan Amendment
SUBSTITUTE MOTION
(Moore/Nader) that those property owners caught in this and who come forward
with their concern be put on the priority list. The motion carried 4-0-1
(Councilman Malcolm out).
Councilman Moore:
h. Noted concern from Commission on Aging on parking situation at Norman
Park Center and suggested a policy regarding the parking lot on Church
Street and Del Mar to make a bigger lot.
Mayor Cox responded that the letter received from the Commission on
Aging would be referred to the Project Area Committee to 1 ook at the
proposal. He also noted they have referred a proposal from the Chula
Vista Congregational Community Church to the Project Area Committee.
ADJOURNMENT AT 8:30 p.m. to the Redevel opment Agency meeting and to the
regular meeting of October 17, 1989 at 6:00 p.m. in the Council Chamber.
The City Council/Redevelopment Agency met in Closed Session at 8:37 p.m. to
discuss: potential acquisition of property located at: 4555 Otay Valley Road
(Shell Oil Co., owner); 4501 Otay Valley Road (Roderick and Patricia Davies,
owners); Parcel 624-060-27 on Otay Valley Road (Vincent and Margaret Davies,
owners); Parcel 624-060-09 on Otay Valley Road (Vincent and Margaret Davies,
owners); 4705 Otay Valley Road (Jimmie and Judi Shinohara, owners); Parcel
644-040-14 (N&S Materials, owner); Parcel 644-040-40 (Walker Scott
Properties/South Bay, owner); Parcel 624-040-45 (Atomic Investments, Inc.,
Leonard Teyssier, owner); East H Street Paseo Del Rey and Tierra Oel Rey
(Rancho Del Rey Partnership, owner); SDG&E v. City of Chula Vista.
Respectful ly submitted,
BEVERLY AUTHELET, CMC, CITY CLERK
/ I in~g~uty
A1 Ac
1654C