HomeMy WebLinkAboutcc min 1984/03/20 MINUTES OF A REGULAR M~EETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, March 20, 1984 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
Councilmembers present: Mayor Cox, Councilmembers Scott, Malcolm,
Moore, McCandliss
Councilmembers absent: None
Staff present: City Manager Goss, City Attorney Harron,
Assistant City Manager Asmus
PLEDGE OF ALLEGIANCE, 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 OF FEBRUARY 2, 1984
MSUC (Moore/Malcolm) to approve the minutes with the correction on Item 2 ,
page l, paragraph 2, of the convention center being built at a cost of $95
million dollars and not $950,000.
2. SPECIAL ORDERS OF THE DAY
a. INTRODUCTION OF MISS CHULA VISTA OF 1984 (Continued from meeting of
March 13, 1984)
This item was trailed until later in the meeting pending the arrival of Miss
Chula Vista.
b. RESOLLITION COMMENDING LLOYD L. LEE F~R HIS SERVICES AS A DIRECTOR OF
11567 THE SOUTH BAY IRRIGATION DISTRICT
Lloyd L. Lee has served as Director of the South Bay Irrigation District from
January 1956 to December 1983. The resolution commends Mr. Lee for his many
years of devoted service.
c. PROCLAMATION PROCLAIMING THE WEEK OF MARCH 18-24, 1984 AS "AMERICAN
ASSOCIATION OF UNIVERSITY WOMEN WEEK"
The Proclamation was presented to Miss Pat McCoole, Community Representative
of American Association of University Women (Chula Vista branch) and
Miss Beverly Dodge, President.
City Council Meeting ~ 2 March 20, 1984
d. PROCLAMATION PROCLAIMING THE WEEK OF APRIL 2-6, 1984 AS "EMPLOYMENT
WEEK FOR OLDER AMERICANS"
The Proclamation was presented to Mrs. Eileen Skelly, representing the Area
Agency on Aging of San Diego County by Mayor pro Tempore Moore. Mrs. Skelly
invited Council to attend their meeting at Lauderbach School on April 5 from
9-12 a.m. at which time they will discuss Seniors entering the job market.
e. PROCLAMATION PROCLAIMING MARCH 1984 as "AMERICAN RED CROSS MONTH"
The Proclamation was presented to Robert W. Klaiber, Chairman of the Advisory
Board of the American Red Cross, San Diego County Chapter, South Bay Service
Center by Mayor pro Tempore Moore.
f. REPORT FINE ARTS FEATURE FOR "J" STREET MARINA AREA (Phil
Creaser/jerry Hirschberg}
This item was trailed to a later time in the meeting.
3. WRITTEN COMMUNICATIONS
a. CLAIMS AGAINST THE CITY
William Doughty Francis Humbert
394 "J" Street 987 Guatay
Chula Vista, CA 92010 Chula Vista, CA 92011
Melissa Burgett Toni Burgett
987 Guatay 987 Guatay
Chula Vista, CA 92011 Chula Vista, CA 92011
Lucinda Turner Walter Turner
987 Guatay 987 Guatay
Chula Vista, CA 92011 Chula Vista, CA 92011
Vonceal Stroope John Paul Helmantoler
c/o Schall, Boudreau & Gore c/o Schall, Boudreau & Gore
Attorneys at Law Attorneys at Law
lO1O Second Avenue lOlO Second Avenue
Suite 800 Suite 800
San Diego, CA 92101 San Diego, CA 921D1
Mary Rose Knutson
1067 Fourth Avenue Apt 1210
Chula Vista, CA 92011
During the Founders Day celebration on October 15, 1983, a pair of horses
pulling a surrey spooked, bolted down Third Avenue and crashed into an antique
car, causing injury to passengers of the surrey and nearby pedestrians. The
City received a claim for $150,000 i n property damage from the owner of the
antique "Stanley Steamer" and numerous claims in various amounts for personal
injuries. The claims allege negligence by the City and failure to warn of a
dangerous condition. It was recommended by Carl Warren and Company and the
Risk Management staff that the claims be denied.
MSUC (Moore/Scott) to deny the claims.
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City Council Meeting _ 3 _ March 20, 1984
b. LETTER OF RESIGNATION FROM PARKS AND RECREATION COMMISSION (john C.
Harris)
Mr. John C. Harris submitted his resignation as Chula Vista Parks and
Recreation Commissioner due to the fact that he has moved his residence to
another City.
MSUC McCandliss/Moore) to accept the letter with regret and to send Mr. Harris
a letter thanking him for his service to the City.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND nRDINANCES
4a. PUBLIC HEARING PCM-80-13-A - CONSIDERATION OF AN AMENDMENT TO THE
RICE CANYON SPA TO ALLOW THE USE OF COMMERCIAL
PROPERTY FOR RESIDENTIAL PURPOSES FINANCIAL SCENE
INC. AND TERRA NOVA CORP.
b. RESOLUTION APPROVING RESIDENTIAL USE OF LOT 331 OF HIDDEN VISTA
VILLAGE (Planning Director)
Mr. Ken Lee, Principal Planner, showed slides of the area proposed for
residential development and a schematic of the proposed senior housing
development. He explained this item involves a request to amend the approved
Rice Canyon Sectional Planning Area (SPA) Plan of the E1 Rancho Del Rey
Specific Plan in order to allow use of approximately 3.4 acres of property
(Lot 331 Hidden Vista Village Subdivision ) designated for
commercial-recreation use for residential purposes. The applicant is
requesting Lot 331 be allowed to be developed residentially and is proposing
to develop a 150-unit senior housing project adjacent to the commercial retail
area along "H" Street.
On February 2, 1984, the Environmental Review Coordinator found the
information contained in EIR-79-8 was adequate for the proposed project and
satisfied CEQA review requirements and recommended the EIR be recertified with
the notation that the information contained therein was considered in reaching
a decision on the project.
The Planning Director recommended Council recertify EIR-79-8 and concurred
with Planning Commission recommendation including the authorization of the
Design Review Committee to approve the site plan and architectural proposals
for Lots 331 and 332.
In response to Councilman Moore's query regarding density bonuses on Lots 331
and 332, Principal Planner Lee stated none were offered and the planned
community showed a density of the senior project of 40 units to the acre.
Council discussion ensued regarding zoning problems; loss of flexibility of
the recreational-commercial; Council's committment of the residential
development.
City Council Meeting _ 4 _ March 20, 1984
Helen Stokes 1543 Max Avenue, Chula Vista, 92011, representing the Commission
on Aging, stated the Commission gave their unanimous approval of this
development.
Mr. Garry Gramling, Vice President, Financial Scene, Inc., 1323 6th Avenue,
San Diego, developer of the site for proposed Senior Citizen Housing explained
the need for additional Senior housing in Chula Vista; the rental areas being
offered; the specific square feet needed for commercial according to their
market study.
Council discussion continued regarding the recreational facilities to be
provided including ball fields; greenscape; pool and spa; age restrictions
designating this is a senior project; "H" Street intersection a prime location
to the City.
Mr. Tom Carter, partner of Tetra Nova Associates, 3919 California Street, San
Diego indicated his desire to begin construction and his concern regarding
Council's approval of the land swap.
Council discussion ensued on the confusion regarding prior actions of the
Council (regarding this land swap) as noted in the staff's report.
Helen Stokes remarked there is a three year waiting list for the
Congregational Towers Senior Citizens housing and a long wait for Canterbury
Court and the Lion's Club project.
There being no further comments either for or against, Mayor Cox closed the
public hearing.
MS (McCandliss/Scott) to continue this item for two days to the Council
Conference on March 22.
MSUC (Cox/Scott) to reopen the public hearing in order to obtain more
information and continue the item to the Council Conference on March 22 at
4 p.m.
2a. INTRODUCTION OF MISS CHULA VISTA OF 1984 (Continued from meeting of
March 13, 1984)
Maria Otapeij, Miss Chula Vista of 1984, was introduced by Tom Fisher, Chula
Vista Jaycees Miss Chula Vista Chairman.
2f. REPORT FINE ARTS FEATURE FOR "J" STREET MARINA AREA (Phil
Creaser/derry Hirschberg)
Mr. Phil Creaser, Port Commissioner, introduced Mr. Jerry Hirschberg, Chairman
of the Arts Advisory Committee to the San Diego Unified Port District and
Isabel Wasserman, Art Critic for the San Diego Union. They showed a slide of
an art feature selected from an international competition of 200 art pieces.
The local artist, Kenneth Capps depicted three abstract cylindrical metal
forms of various dimensions.
MSUC (Scott/Moore) to approve the art feature in concept.
City Council Meeting - 5 - March 20, 1984
PUBLIC HEARING REQUEST FOR PERMISSION TO ESTABLISH A SELF-SERVICE GAS
STATION AND AUTOMATIC CAR-WASH AT THE SOUTHEAST CORNER OF
BONITA ROAD AND BONITA GLEN DRIVE IN THE C-C-P ZONE
IPlanning Director)
The applicant is requesting permission to establish a self-serve gas station
and automatic car wash on the subject property. On February 22, 1984, the
Planning Commission approved the application. On March l, 1984, the Design
Review Committee approved the precise plan on the same project. Both requests
were opposed by the Planning Department, but for different reasons. The first
was based on a land use issue of joint access between adjoining parcels; the
second has based on internal circulation problems caused by a planned car
wash.
In January 1984, the City Council removed the subject property from the
boundaries of the Bonita Glen Specific Plan and directed that any action on
the development of the property be forwarded as an automatic appeal. Thus,
the extraordinary four-fifths vote is required to overturn the decision of the
P1 arming Commission.
Mayor Cox stated a letter has been received from the applicant requesting a
continuance of this item.
(MSUC) Scott/Moore to continue the public hearing on this item to April lO.
6. ORAL COMMUNICATION
a. Bess Pocklington, 656 Golver Place, Chula Vista expressed her
disappointment in Greg Rogers House placement and cost of restoration;
her concern regarding the tractor trailer overturning on I-5 containing
five pounds of radioactive material and wanted to know if the City is
noti fled when trucks carrying radioactive material will travel through
the City. City Manager Goss responded that the City is not aware of any
system set u~ to notify jurisdictions in the State of toxic waste
materials coming through. She also related the Environmental Health
Coalition is working with BKK to pick up toxic materials from homes
throughout the County and Chula Vista only has four days allocated on
their schedule while residents of other cities have door-to-door
service. Councilwoman McCandliss stated the Health Coalition is working
with funds paid for by the City of San Diego and the City has put up most
of the money for this pilot project.
b. Don Richey, 92 "F" Street, Chula Vista, representing the Downtown
Committee was concerned with safety on Third Avenue crosswalks and claims
they are inadequately marked. Ne suggested painting the crosswalks with
a white stripe. City Engineer Lippitt stated special reflective tape has
been ordered and should be installed next week.
MSUC (Cox/McCandliss) to refer this request to staff, Safety Commission and
Design Review for report back to Council.
City Council Meeting - 6 March 20, 1984
Staff to report on Thursday, March 22 how quickly tape will be available to
put down at intersections. City Engineer Lippitt stated special reflective
tape has been ordered and will be available shortly.
MSUC (Moore/Cox) to forward any data regarding accidents "E" to "G" Streets on
Third Avenue as information items at the end of Council packets.
RESOLUTIONS AND ORDINANCES, FIRST READING
7. RESOLUTION 11568 APPROVING AND GRANTING EASEMENT TO SDG&E ON LOT V OF
HIDDEN VISTA VILLAGE (City Engineer)
In order to provide for future development east of Hidden Vista Village, SDG&E
desires to install an empty duct system along East "H" Street to the easterly
Hidden Vista Village subdivision boundary. It has been found necessary by
SDG&E to place a 9-1/2 foot-wide handhole which will encroach into the City's
Open Space Lot "V". SDG&E has requested that the City grant an easement for
this facility.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
8. RESOLUTION l156g ACCEPTING GRANT OF EASEMENTS FOR SIDEWALK PURPOSES AT
ENTRANCE TO PARKING STRUCTURE IN THE TOWN CENTRE AREA
(City Engineer}
In order to construct sidewalk ramps at the entrance to the parking structure
off of "F" Street, it was necessary to obtain sidewalk easements from Marie
Callender Ventures, Inc. and Centre City Associates Limited-Commercial. Both
of these easements have been executed by the respective parties.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived
by unanimous consent, passed and approved unanimously.
9. RESOLUTION 11570 GRANTING AN EASEMENT ON LOT 7 OF THE TOWN CENTRE
FOCUS AREA TO SOUTH BAY IRRIGATION DISTRICT FOR
ACCESS TO A DETECTOR CHECK VALVE (Community
Development Director)
During construction of the Town Centre Focus Area, a private fire service was
constructed on the City's property, Lot 7. A detector check valve which
detects water flow from the fire service was installed as a part of the system
but it was not located within South Bay Irrigation District's main easement.
Therefore, an easement to allow the water company access to this apparatus
must be granted.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived
by unanimous consent.
City Council Meeting - ~ - March 20, 1984
10. RESOLUTION 11571 APPROVING CHANGE ORDERS 8 AND 9 FOR THE PARKWAY POOL
AND GYM RENOVATION AND APPROPRIATING FUNDS
THEREFOR(Director of Parks and Recreation/Director of
Building and Housing)
On November 22, 1983, the City Council passed Resolution 11468 awarding a
contract to O'Neill and Perry Construction Company in the amount of $295,805
to renovate Park Way Gym and Pool. The contract was amended on February 7,
1984, by Resolution 11535 authorizing Change Orders l, 2, 3, 4, 6, and 7.
Two additional Change Orders are determined to be necessary to provide a sound
and well-functioning structure strengthening the floor of the mezzanine
storage room and painting the pool (change orders 8 and 9).
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
CONTINUED MATTERS AND SECOND READING OF ORDINANCES
ll. RESOLUTION ACCEPTING GRANTS OF EASEffi~NT FOR STREET PURPOSES AND
FOR TREE PLANTING AND MAINTENANCE PURPOSES -
Continued from the meeting of March 13, 1984 (City
Engineer)
The City Engineer noted the easements were not received.
MSUC (Scott/Moore) to delete this item.
12. RESOLUTION 11572 AMENDING RESOLUTION NO. 11506 BY CHANGING THE
LOCATION FOR ONE OF THE TWO BILLBOARDS IN THE MTDB
BILLBOARD LITIGATION SETTLEMENT TO "J" STREET
Continued from the meeting of March 13, 1984 - (City
Attorney)
At its March 13, 1984 meeting, the City Council directed staff to raise the
issue of the removal of the billboard at the southeast corner of "E" Street
and I-5 as a condition of the approval of the second billboard at "J" Street.
Staff also recontacted MTDB staff and was informed there is a settlement
meeting in Superior Court on March 22 and MTDB will have to satisfy the terms
Of the settlement on that date or will be subject to monetary damages. Staff
represented that MTDB would be extremely appreciative of any action Council
may take to provide the two necessary sites.
Given this background, the City Attorney recommended approval of the site at
the northeast corner of "J" and I-5 as an alternative to one of the two sites
previously approved to aid MTDB in the settlement of this lawsuit.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the. text was waived
by unanimous consent, passed and approved unanimously.
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City Council Meeting _ 8 March 20, 1984
MS ICox/McCandliss) staff prepare a letter to MTDB indicating a desire on the
part of the City of Chula Vista that revenues from those two billboards be
first used to acquire the billboard as referenced in the letter received March
15 from Gannett Outdoor Advertising in order to buy out the cost of that
billboard in the amount of $7,562.
Councilman Malcolm stated it would be appropriate for staff to bring back a
resolution to appropriate the money and then request reimbursement but take
care of the sign removal immediately.
Mayor Cox withdrew the motion, Councilwoman McCandliss withdrew the second.
Councilman Scott suggested a beautification of the area encompassing the track
so there would be a screen between the track and the City of Chula Vista. He
suggested the money from the sign should be used for this purpose. MTDB
representative Mr. Limber stated they would be willing to work with staff's
identification of the area to be developed. He also stated the removal of
that sign would be conditioned upon the exercise by MTDB of its eminent domain
to acquire that for a public purpose and that is the development of a station
site. As soon as that station site is to be acquired and various other
properties there to be acquired, MTDB is more than willing to buy out the sign
and the sign company is more than willing to sell it to them. It would be
questionable as to whether or not they would have the authority at this point
to purchase it absent an approved site and acquisition plan. MTDB will
certainly agree to using those revenues from the billboard as part of the
acquisition for that sign at the time the station is approved.
MSUC (Scott/Moore) for staff to look into the feasibility of utilizing these
funds for beautification of the line and its implementation and working in
conjunction with MTDB.
13. REPORT OF THE CITY MANAGER
a. PUBLIC INFORMATION COORDINATOR CLASSIFICATION STUDY
The Public Information Coordi nator position has been reviewed by the Personnel
Department in terms of its duties and salary level. The study recommended the
Public Information Coordinator class specification be revised to reflect the
position's current duties and its salary range be increased 32% from
$17,469-21,268 to $23,042-28,008.
The City Manager recommended approval of the changes recommended in the
classification study
MSUC (Malcolm/Scott) to accept the report.
b. City Engineer Lippitt gave an oral report on the ADMA/Brown drainage
problem on Bonita Road. He explained the saltation problem due to
grading. ADMA agreed to install a brow ditch along the property lines
which would make the water enter into a pipe. The water has to slow down
as saltation blocks the entrance of the pipe. The brow ditch would
enable the water entering the pipe with higher velocity. ADMA agreed to
pay for this i f the Brown's give permission to work on their property.
City Council Meeting - 9 - March 20, 1984
In response to Councilwoman McCandliss' query, City Attorney Narron stated he
is not sure of the City's liability in this case, if any.
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
14. REPORT FOURTH OF JULY FIREWORKS DISPLAY (Director of Parks
and Recreation)
The City Council in July of 1983 requested staff stud~ the possibility of a
Fourth of July fireworks display at the "J" Street Manna during the 1984-85
budget process.
Director of Parks and Recreation stated if Council elects to sponsor a
fireworks display, he would recommend:
a. Financial support be solicited from the business community;
b. The a.t.orized to exec.te a co.tract wit. Sa. Diego Fireworks
for , program;
c. Funds be allocated in the 1984-85 budget for this special event, to be
used to augment contributions toward the cost of the event; and
d. It be held in conjunction with the Founder's Day Celebration.
MS (McCandliss/Moore) to continue this item to budget time.
Council discussion ensued regarding spending money for next fiscal year before
budget is approved; the value of having fireworks and benefits derived; need
for solicitation of community funding.
MSUC (Scott/Malcolm) for a resolution to be brought back in two weeks
authorizing the Mayor to execute a contract for fireworks in the amount of
$10,000.
15. REPORT RESPONDING TO WRITTEN REQUEST FROM SWEETWATER VALLEY
CIVIC ASSOCIATION REQUESTING A MORATORIUM ON
DEVELOPMENT ON BONITA ROAD UNTIL THE OVERALL TRAFFIC
STUDY HAS BEEN COMPLETED (City Engineer)
Councilmen Scott and Malcolm left the podium at this time due to a possible
conflicts of interest.
In October 1983, the Sweetwater Valley Civic Association sent a written
communication to the City Council and the County Board of Supervisors
requesting a moratorium on developments on Bonita Road and Glen Abbey
Boulevard until an overall traffic study has been completed. The request
noted there are several new development proposals along Bonita Road, if
approved and constructed, would each cause an incremental increase in traffic
volumes and congestion. The City Traffic Engineer has completed a review of
tentative development and traffic conditions on Donira Road.
City Council Meeting - 10 - March 20, 1984
He recommended the City Council:
a. Not impose a building moratorium along Bonita Road at this time, and
b. Conceptually approve the implementation of a long range traffic study on
Bonita Road by a consultant, and
c. Authnrize staff to prepare a "Request for Proposal" and a funding plan
for the study.
MS (Moore/Cox} to accept the report and the three staff recommendations.
Carol Freno, President of Sweetwater Valley Civic Association, 3203 Alta Loma
Drive, Bonita, stated since initial request for moratorium of October 1983
several hi gh-densi ty projects have been approved i n the vi ci ni ty of
1-805/Bonita Road. The request for a moratorium remains unchanged.
George Kost, Vice President of the Sweetwater Valley Civic Association, 3609
Bonnie Brae Road, Bonita, 92002 stated they are not against development but
only development that jeopardizes the safety of citizens. He quoted the
following statistics: 12 accidents in the first ten months of 1983; one
fatality; 25 injuries and 22 non-injury accidents; accidents can only increase
with added traffic; there are 12 signal lights already in the area within lO0
yards on I-aOS/Bonita Road. Builders should be required to contribute funds
for the street improvement before building starts.
SUBSTITUTE MOTION
Councilwoman McCandliss moved to continue this item to the next meeting to
review the analysis of accidents. The motion died for lack of a second.
Mayor Cox suggested accepti~ng the report to initiate the study.
MSC (Moore/McCandliss) to accept the report and staff recommendations "b" and
"c" and to reconsider "a" at a time when three members are available.
Councilmen Scott and Malcolm abstained from voting.
Council discussion continued regarding SANDAG's future traffic studies for
Bonita Road and Bonita Plaza development; requests for additional
developments; why Caltrans portion of work has slipped from Spring to Fall;
lack of comments in staff's report regarding the request for moratorium.
MSC (Moore/Cox) to send an appropriate letter to the Regional Director of
Caltrans showing Council's concern being a minor project and a major concern
that we ask for reconsideration of the six months slippage.
Councilmen Scott and Malcolm abstained from voting and returned to the dais at
this time.
City Council Meeting _ 11 March 20, 1984
16. MAYOR'S REPORT
a. Mayor Cox stated the Task Force on Environmental Concerns will meet on
Thursday, March 22 at 4 p.m.
b. Mayor Cox said the State Coastal Commission will consider the Bayfront
Plan on Tuesday, March 27 at lO a.m. at the Shelter Island Marina Inn,
Shelter Island.
17. COUNCIL COMMENTS
a. Councilwoman McCandliss commented that on Otay Lakes Road on to Telegraph
Canyon Road where the street has been widened (at Pacific Scenes
development) the asphalt barrier has been widened the tip of which pulls
traffic in especially presenting a problem for motorists traveling here
during evening hours.
MSUC (McCandliss/Moore) for the barrier to be painted white and alignment of
the barrier needs to be changed.
b. Councilwoman McCandliss discussed the Citizens Action Network's
presentations to neighborhood community groups. She noted the numerous
concerns of the people attending these meetings and felt a staff
representative should be present at these meetings.
MSUC (McCandliss/Cox) for staff to contact Mr. McKenna and try to arrange for
some cooperative situation where City staff would attend their slide
presentation including members of the County Health Department, Environmental
Coaliron and the City's Environmental Task Committee.
c. MSC (Malcolm/Cox) for staff to set a date for a special Council meeting
in Robinhood area for informational purposes for the redevelopmerit area
being formed - with some type of mailing information to be sent out to
the residents - dealing with everything (procedures to be changed).
Councilman Scott abstained from voting due to a possible conflict of
interest.
d. Councilman Scott noted the Senior Citizens project'across the street on
"F" Street does not comply with Civic Center architecture plan - the
roof is red rather than mission clay tile.
MSUC (Scott/Moore) for report back from staff on this item.
MSUC (Malcolm/Cox) for a Closed Session at the close of the Redevelopment
Agency meeting for litigation and personnel matters.
ADJOURNMENT AT 10:40 p.m. to the Council Conference at 4:00 p.m. on March 22,
1984 and to the meeting scheduled at 7:00 p.m. on April 3, 1984.
N E M. FULASZ CMC ~ 1 erk 'C N I
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