HomeMy WebLinkAboutcc min 1986/11/25 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, November 25, 1986 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers McCandliss,
Malcolm, Campbell, Moore
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, City Attorney Harron
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 meeting of November 18, 1986.
MSUC (McCandliss/Campbell) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY
a. RESOLUTION 12827 RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 4, 1986,
DECLARING THE RESULTS THEREO~ AND SUCH
OTHER MATTERS AS ARE PROVIDED BY LAW (City
Clerk)
CITY CLERK'S CERTIFICATE OF CANVASS OF THE ELECTION
HELD ON TUESDAY, NOVEMBER 4, 1986 - GENERAL CONSOLIDATED
I, Jennie M. Fulasz, City Clerk of the City of Chula Vista,
California, County of San Diego, State of California, duly
authorized by Resolution 12579 adopted by the City Council of said
City on the 16th of July 1986, do hereby certify that I have
canvassed the returns of the General Consolidated Election in the
City of Chula Vista, California which was held on the 4th Day of
NovemDer 1986 - the official results as certified by the Acting
Registrar of Voters and attached to the Resolution. I find that
the total number of ballots cast was 29,251; the total percentage
turnout was 50.22%; the total number of votes cast for the
candidates for the office of Mayor, Councilman and for the
Propositions were as follows:
I 11
Minutes 2 November 25, 1986
Office of the Mayor Full Term ~ 4 Years
Votes Cast Percentage
Gregory Cox 23,729 100%
Office of the City Council - Seat no. 3 Short Term - 1 Year
Votes Cast Percentage
Tim Nader 8,074 31.65
Penny Allen 7,481 29.32
Patricia (Pat) Kelly 3,409 9.44
Richard C. Sipan 1,836 7.20
George Brining 1,776 6.96
Joe A. Berlanga 1,056 4.14
Clifford Roland 1,000 3.92
Lynn Pankhurst 711 2.79
Phillip A. Scheuer 620 2.43
Helen T. Wadsworth 548 2.15
PROPOSITION J
An amendment to the Charter of the YES 19,802 78,67%
City Of Chula Vista amending Article NO 5,370 21.33%
III Section 311(d) to read that thee
City Council may by a four-fifth's
vote enact an emergency ordinance to
take effect immediately to protect
the general welfare.
PROPOSITION K
An amendment to the Charter of the YES 20,188 80.78%
City of Chula Vista amending Article NO 4,804 19.22%
IX, Section 900 to consolidate the
municipal elections to City Council
with the state-wide general elections
in November.
PROPOSITION L - Advisory Measure
Should the City of Chula Vista have YL~ 12,335 29.42
runoff elections? NO 12,624 50.58
The total number of precincts in the City was 145 (40 absentee
precincts).
Minutes - 3 - November 25, 1986
That made a part hereof is a list of the number of votes received
in each precinct for the candidates voted on and for the
propositions voted on as certified by the Acting Registrar of
Voters, Keith Boyer.
Further, as a result of the said election, a majority of the
qualified voters elected the following persons to the Office of
Council:
Mayor - Gregory Cox
Councilman - Tim Nader
Further, as a result of the ballots cast, Propositions J and K
passed by a majority vote and the Advisory Measure - Proposition L
- was deemed defeated.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
b. COMMENTS BY COUNCILMAN BOB CAMPBELL
Councilman Campbell talked about his last 6 months on the
Council stating it was a privilege to serve both the Council
and the public. He commented on the future of the City noting
the areas of expansion stating recognition should be
acknowledged for a "managed growth" and not a "controlled
growth."
c. OATH OF OFFICE TO MAYOR COX - City Clerk
Oath of Office to Mayor Cox given by the City Clerk.
d. OATH OF OFFICE TO NEWLY ELECTED COUNCILMAN NADER - City Clerk
The City Clerk administered the Oath of Office to newly
elected Councilman, Tim Nader.
e. Mayor Cox presented Councilman Moore with an engraved
medallion in recognition of his services as Co-Chairman of the
75th Anniversary of the City.
A reception was held at 7:27 p.m. for the newly elected
Councilman and Mayor and for retiring Bob Campbell. The
meeting reconvened at 7:45 p.m.
3. WRITTEN COMMUNICATIONS
Items pulled: 3a and 3b.
a. REQUEST FOR WAIVER OF MAJOR USE PERMIT AND INITIAL STUDY FEES
- Rev. Warren J.' Clewis, Woodlawn Park Church of God in
Christ, 124 Spruce Drive, Chula Vista, CA
Pulled from Consent Calendar.
Minutes - 4 - November 25, 1986
b. REQUEST FOR EXTENSION OF TIME ON PCC-86-24M (CHULA VISTA
RECYCLING) - Richard A. Reynolds, Phillips-Reynolds
Engineering, Inc., 71 North Fourth Avenue, Chula Vista, CA
92010
Pulled from Consent Calendar.
c. REQUEST FOR FUNDING OF A COMMUNITY SERVICE CENTER FOR THE
DISABLED IN THE SOUTH BAY AREA Diane Branman, Counselor for
the Disabled, Southwestern College, 900 Otay Lakes Road, Chula
Vista 92010
This was a request for Block Grant Funding of a branch of
C.S.C.D. within the South Bay.
The City Manager recommended this funding request be referred
to the Community Development Department for consideration for
funding during the 1987-88 Community Development Block Grant
allocation of funds for other social ser~ic~ programs.
d. REQUEST FOR CONCURRENCE/COMMENTS CONCERNING FUTURE POST OFFICE
SPACE NEEDS FOR EASTLAKE AREA - Margaret Sellers, General
Manager/Postmaster, 2535 Midway Drive, Room 323, San Diego, CA
92199-9641
The City Manager recommended the request of the U.S. Postal
Service for input and/or concurrence and comments regarding
the location of an EastLake postal station be referred to the
Planning Department for their input and consultation with
postal authorities regarding this matter.
e. RESIGNATION FROM INTERNATIONAL FRIENDSHIP COMMISSION -
Councilman Tim Nader
It was recommended the resignation be accepted with regret.
MSUC (Malcolm/McCandliss) to approve the Written Communications as
recommended by the City Manager.
CONSENT CALENDAR (4 - 10)
Items pulled: None.
MSUC (Malcolm/McCandliss) to approve the Consent Calendar.
4. RESOLUTION 12828 APPROVING AGREEMENT b~TWEEN THE CITY OF
CHULA VISTA AND THE SWEETWATER HIGH SCHOOL
DISTRICT AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (Community
Development Director)
Minutes 5 November 25, 1986
The approved funding assistance for the Del Rey Nutrition Prograin
is planned to be used to subsidize the cost of meals provided to
senior citizens by the Del Rey Program. Currently the meals cost
~1.50 apiece, but according to the contract under consideration,
the cost of the meals to senior citizens will not exceed $1.25
apiece for the one year duration of the contract. The Del Rey
Program is required to submit quarterly reports with data on its
students and its use of CDBG funds.
On November 4, 1986, ~4,000 was approved to be transferred from
the 1986-87 CDBG Local Option account to a Del Rey Nutrition
account. The funds are to be used according to the terms of the
contract under consideration.
5. RESOLUTION 12829 APPROVING THE STATEMENT OF ANNUAL HOUSING
GOALS FOR THE PERIOD OF OCTOBER 1, 1986 TO
SEPTEMBER 30, 1987 AND AUTHORIZING THE
CITY MANAGER TO SIGN AND SUBMIT THE
NECESSARY DOCUMENTS TO THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT
(Community Development Director)
In 1985, the Council approved a three year Housing Assistance Plan
for the period from October 1, 1985 to September 30, 1988 and
submitted that plan to HUD, by whom it was subsequently approved.
Ongoing maintenance of that plan requires annual Statements of
Housing Assistance Goals.
The recommendation was that the Council adopt the resolution:
1. Approving the Statement of Housing Assistance Goals for the
period of October 1, 1986 to September 30, 1987,
2. Authorizing the submittal of the statement to the U. S.
Department of Housing and Urban Development; and,
3. Authorizing the City Manager to make minor adjustments to the
statement in response to federal review.
Approval of this Statement of Housing Assistance Goals will give
the City continued eligibility to ~1,060,612 of Community
Development Block Grant funding for FY 1986-87.
6. RESOLUTION 12830 ESTABLISHING A TASK FORCE FOR THE CHULA
VISTA SOCIAL SERVICES PLAN (Community
Development Director)
Minutes - 6 - November 25, 1986
At the May 13, 1986 Community Development Block Grant (CDBG)
budget hearing, the Council approved City funding and coordination
of a Chula Vista Social Services Plan. It was recommended that a
Task Force be established to spearhead the development of the plan
and give recommendations to the Council. A subcommittee,
comprised of two members of the Commission on Aging, two members
of the Human Relations Commission and the City Human Services
Coordinator, held meetings to decide on nominations for the Social
Services Plan Task Force.
The subcommittee recommended the Task Forc~ have a two-tiered
organizational makeup: (1) a Task Force Steering Committee of
eleven members to take on the responsibilities of meeting
regularly with the consultant and drafting the goals, policies and
objectives of the plan and, (2) a larger general Task Force of
thirty members to approve the goals, policies and objectives
formulated by the Steering Committee and the consultant and
recommend an overall Social Services Plan to the Council.
Councilwoman McCandliss expressed her concerns about the
difficulty of working with a task force of 30 people. It would
take a great deal of staff time and commitment to do this.
RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
UNANIMOUS CONSENT ITEM
a. RESOLUTION 12831 HONORING MAYOR KILE MORGAN OF NATIONAL
CITY UPON HIS RETIREMENT FROM PUBLIC
OFFICE (Mayor Cox)
RESOLUTION OFFERED BY MAYOR COX, the reading of the text ~as
waived by unanimous consent, passed and approved unanimously.
7. RESOLUTION 12832 AUTHORIZING STAFF TO PREPARE PLANS AND
SPECIFICATIONS AND T6 BID THE WORK. FOR
REHABILITATION AND PAVEMENT OVERLAY OF
THIRD AVENUE BETWEEN MOSS STREET AND
OXFORD STREET AND THE EAST SIDE OF
BROADWAY BETWEEN NAPLES STREET AND OXFORD
STREET (Director of Public Works/City
Engineer)
In the 1986-87 budget, three projects were approved for the
pavement overlay of various streets within the City. Total funds
budgeted was ~638,000. Approximately ~319,000 Of these budgeted
funds will remain unspent upon completion of the current projects
under construction. A portion Of the ~319,000 is budgeted for the
overlay of Moss Avenue between Third Avenue and Naples Street.
Minutes - 7 - November 25, 1986
Staff is currently considering various design alternatives for the
realignment of Moss Street near the intersection with Naples
Street. On the completion of this study and approval thereof by
the Council, they will proceed with the preparation of plans and
perform the work. An estimate for the work on Moss Street is
approximately $50,000. This will leave approximately ~269,000 of
these budgeted funds unspent.
8. RESOLUTION 12833 DECLARING CITY'S INTENTION TO ESTABLISH A
REIMBURSEMENT DISTRICT FOR CONSTRUCTION OF
STREET AND DRAINAGE IMPROVEMENTS IN LAS
FLORES DRIVE AND ~D" STREET BETWEEN SECOND
AVENUE AND MINOT AVENUE IN THE CITY OF
CHULA VISTA, CALIFORNIA (Director of
Public Works/City Engineer)
On July 16, 1985, the City Council by Resolution 12102 awarded a
contract to R. E. Hazard Contracting Company for construction of
street and drainage improvements in Las Flores Drive and
Street between Second Avenue and Minot Avenue. The project
included the construction' of a 20' wide ribbon pavement, storm
drain, curb, gutter, sidewalk, sidewalk ramps and masonry
retaining wall. Funds for this project were approved in the FY
1984-85 capital improvement program budget with the understanding
that the costs for those portions of the improvements installed
adjacent to the vacant properties would be reimbursed to the City
through a reimbursement district when the land is subdivided
and/or developed. Chapter 15.50 of the City Code contains the
procedure for the establishment of reimbursement districts which
assure that a benefited property owner reimburses another party
for the excess cost it incurs when providing public improvements
benefiting property other than its own or in excess of its
obligation.
The recommendation is that Council set the public hearing at 7:00
p.m. on December 16, 1986, in accordance with Section 15.50 of the
City Code for the formation of a reimbursement district for the
improvements installed in Las Flores Drive and "D" Street between
Second Avenue and Minor Avenue.
City will recover ~237,229.96 advanced for the installation of the
improvements in Las Flores Drive and "D" Street between Second
Avenue and Minor. In addition, the City will also be recovering
engineering and administrative expenses ($29,895.86) required for
construction of the improvements.
9. RESOLUTION 12834 ACCEPTING QUITCLAIM DEED FOR OPEN SPACE
MAINTENANCE NO. 3 FOR LOT 115 AT RANCHO
ROBINHOOD (Director of Parks & Recreation)
Minutes 8 November 25, 1986
In the development of the Grading Deviation Policy, Council
expressed concern about the status of reversionary rights of the
Open Space Maintenance District lands. The Engineering Department
records indicate that only District 14 was dedicated or granted to
the City in fee without reversionary clauses. The remaining
twelve (12) districts have reversionary rights to the developers.
Robinhood Homes, Inc., developer of the subdivision in District #3
has agreed to issue a quitclaim deed to the City relinquishing all
reversionary rights of open space land, which is listed as Lot 115
of Rancho Robinhood, map #7799.
Councilman Malcolm voted "no" on the offer of the Resolution.
10. REPORT SERIAL MEETINGS UNDER BROWN ACT (City
Attorney)
The City Council directed the City Attorney's office to request an
opinion from the Attorney General's office with regard to serial
meetings under the Brown Act. The Attorney General's opinion
confirms the City Attorney's advice that where a developer
initiates a contact with a Councilmember and there is no
understanding or agreement amongst the Councilmembers to meet with
the developer, such lobbying is not a violation Of the Brown Act.
The Attorney General warns that a quorum of the Council may not as
a group or serially discuss amongst themselves the content of
their communications with a developer.
The City Attorney is requesting further clarification from the
Attorney General as to certain points in the opinion. In the
interim, he is reiterating his prior advice to Council not to meet
with persons who have matters coming before the Council to discuss
the issues if the Councilmember knows that that person is
contacting a quorum of the City Council.
Councilman Nader abstained due to the fact that he is a Deputy
Attorney General and there may be a possible conflict of interest.
END OF CONSENT CALENDAR
OTHER RESOLUTIONS, ORDINANCES & REPORTS
lla.REPORT ADDING SECTION 10.52.096 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO THE PARKING OF HEAVY
DUTY COMMERCIAL OR OTHER VEHICLES IN
RESIDENTIAL DISTRICTS (Director of Public
Works/City Engineer)
b.REPORT ADDING SECTION 10.252.095 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO THE PARKING OF
CERTAIN VEHICLES WITHIN ONE HUNDRED FEET OF AN
INTERSECTION
Minutes - 9 - November 25, 1986
Mayor Cox stated that lla and llb are related to item 12 (public
hearing) on the agenda and he would combine both items.
Director of Public Works/City Engineer Lippitt explained that the
public hearing on tonight's agenda is to consider a community
appearance program specifically relating to the parking, storage
and repair of vehicles on public and private property. In
conjunction with that item, the Safety Commission has reviewed and
made recommendations relating to parking of heavy duty commercial
and other vehicles on public streets. One ordinance is related to
the time limit these vehicles could be parked on residential
streets and the other ordinance prohibits parking of vehicles 6
feet or more in height within 100 feet of every intersection
located ~ithin the City.
His recommendation was that Council:
1. File the proposed Ordinance prohibiting heavy duty commercial
and other vehicles from parking in a residential area for more
than 3 hours.
2. Direct staff to return with an Ordinance to prohibit parking
of vehicles 6 feet or more in height within 100 feet of
designated intersections located within the City.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
12. PUBLIC HEARING PCA-86-7-CONSIDERATION OF AMENDMENTS TO
TITLE 10 AND TITLE 19 OF THE MUNICIPAL
CODE BY INCLUDING BOATS, TRAILERS,
CAMPERS, AND ITEMS OF A SIMILAR NATURE IN
THE DEFINITION OF "VEHICLE" AS IT RELATES
TO EXISTING REGULATIONS REGARDING THE
PARKING, STORAGE AND REPAIR OF VEHICLES ON
PUBLIC AND PRIVATE PROPERTY (Director of
Planning)
ORDINANCE AMENDING CHAPTERS 10.52, 10.84, 19.58,
19.62 AND 19.70 RELATING TO COMMUNITY
APPEARANCE AND PARKING - FIRST READING
This being the time and place as advertised, Mayor Cox declared
the public hearing open noting items lla and llb will be
considered also.
Director of Planning Krempl reported that in 1983, the City
Council adopted a general community appearance policy and program
for the City of Chula Vista. The idea was to address aesthetic
enhancement by controlling where vehicles might park in the front
yards of homes and businesses both on public and private
property. Vehicles included cars, trucks, boats, campers and
camper shells and recreational vehicles.
Minutes - 10 November 25, 1986
In 1985, the Council expressed concern as to whether current
ordinances were adequate, if any enforcement was occurring, and
whether the program was effective.
Principal Planner Lee submitted transparencies noting various
streets and homes in the City where the RVs are parked.
The Montgomery Planning Committee recommended that the proposed
amendments to Title 19, the Zoning Ordinance portion of the
Municipal Code, not be considered for application to Montgomery
until a specific plan is adopted for the ~rea. Until a specific
plan is adopted for that area, the Montgomery Community is subject
to the County rather than the City Zoning Ordinance (Title 19).
A Task Force was formed to work with City staff and see if a
compromise could be reached which might enhance community
appearance and at the same time be more acceptable to all factions
of the community vehicle users as well as adjoining neighbors.
A workshop group Of 15 citizens was appointed to review the draft,
define and discuss the issues and look at alternatives. The
Committee held a public hearing of their own on September 22, 1986
before formulating their final recommendations.
On October 22, 1986, the Planning Commission recommended the
adoption of the amendment with the following exceptions:
1. Commercial vehicles (cab portion) should be allowed in
residential areas if parked behind a 6 ft. high solid
fence.
2. A no fee charge for anyone appealing the Zoning
Administrator's decision to the Planning CommisSion.
The staff recommendation is that Council
1. Find that this project will have no significant
environmental impacts and adopt the Negative Declaration
issued on IS-86-29.
2. Enact an ordinance amending Title 10 and Title 19 of the
Municipal Code.
Council discussion followed with Traffic Engineer Glass explaining
the definitions in the Vehicle Code and the City Code as they
pertain to parking 100 feet from a curb. Mr. Glass submitted
transparencies noting the areas of parking as presently existing
and those proposed by the two ordinances.
Councilwoman McCandliss questioned the posting of signs at the
intersections.
Minutes - 11 November 25, 1986
City Attorney Harron explained that this signage can be placed
into the Code but the judge of any court may question whether or
not it is reasonable notice. Attorney Harron favored posting the
signs at the intersections if the Council adopts the ordinance,
adding that the question is how much resources the City has to
enforce the ordinances.
Planning Director Krempl summarized the staff presentation
explaining staff's justifications for the recommendations noting
that the effect on the community would be on a positive basis and
would be comprehensive; the enforcement of the ordinances would
apply to all vehicles in the City not only the RV's; remarked that
there should be a City-wide publicity given on these items perhaps
in newsletters sent out to the residents; the Task Force members
volunteered to participate in a community forum for the entire
community appearance program which would include landscaping and
so forth.
Councilwoman McCandliss questioned the legality of repairing
vehicles in an enclosed carport.
Principal Planner Lee said it would depend on whether or not the
carport was in the front yard setback.
Director Krempl explained that the provisions of the proposed
ordinance recommend repairs be done in a garage; however, the
Planning Commission stated, for safety reasons, the garage door
should be open.
In answer to Councilwoman McCandliss' q~ery, DireCtor Krempl
stated that if they receive a complaint about one violation in a
residential area of 20 homes, the Zoning Enforcement Officer
cruising through that residential street would be taking note of
other violations on that street. Director Krempl also explained
the appeal process could be somewhere between $75 and $100.
Councilman Moore indicated he had concerns with the definition of
a ~dust-free area" and indicated it should be explained .more
specifically in the ordinance.
Council discussion involved RV owners moving their vehicles every
72 hours in order not to get a citation and directing the City
Attorney to "tighten this up" prior to the Second Reading of the
ordinance.
Speaking for the ordinance were Robert Torbett, 668 East "J"
Street, Chula Vista, Chairman of the Safety Commission; Tom Davis,
1657 Gotham Street, Chula Vista, Kathy Hibbard, 1651 Gotham, Chula
Vista; William Rambur, 325 East James Street, Chula Vista; Peggy
Shekem, 1668 Yale Street, Chula Vista.
Minutes - 12 November 25, 1986
Mr. Totbert explained that both proposed ordinances under item 11
come from the Safety Commission. They endorse llb as written and
do not want a "rider" placed on the ordinance. They feel there
should be signage throughout the City. As to lla, the Safety
Commission rejected that one stating there was no safety problem
to enact it.
Mr. Davis noted the problems on Gotham Street; he is a member of
the Task Force; the proposals given to the Council tonight are a
step in the right direction and urged Council to approve them.
Mrs. Shekem stated that the citizens in the areas not owning RVs
have every right to their open space, light and air; RV's need to
be regulated; everyone should live within the law; they do not
want to restrict.the freedom of others; values of their properties
are declining because of the parking of RV's in their
neighborhood; it could possibly inhibit some of the emergency
vehicles of going through the street if you have RV's parked on
both sides of the street; the visibility and the danger to
children trying to cross the street; owners of vehicles
continually drive around fhe block just to move their RV'S every
72 hours to comply with the law; commercial vehicles should be
prohibited entirely; a dust free area should be a weed free area
and spoke against increasing the weight of the vehicles,
indicating a 5 ton vehicle is large enough to be allowed to park
on residential streets.
Speaking in opposition were: Alan Stevenson, 375 East Naples,
Chula Vista; Richard Haenel, 736 Nacion Avenue, Chula Vista;
Maynard Joseph, 36 Sandalwood, Chula Vista; Cecil Holt, 818 David
Drive, Chula Vista; Marjorie Newcomb, 515 Elm Avenue, Chula Vista;
Ernest Robbins, 488 Elm Avenue, Chula Vista; Richard Bickel, 736
Nacion, Chula Vista; Steve Malski, 352 Broadway.
In general, their comments were as follows: there should be a
minimal fee of ~25 for the appeals; there is no need to extend the
space beyond 100 feet of any intersection; parking beyond 72 hours
is an enforcement problem and should not be brought back as a
proposed ordinance; there are no statistics as to accidents caused
by RV parking; are RV'S prohibited from parking diagonally in the
downtown area (Third Avenue in Chula Vista); object to the 3 hour
limitation of parking since the 72 hours should be enforced;
should change the requirement of the prohibition against parking
any vehicle that is 6'8" wide - it should be a minimum of 8'4" to
be parked on public streets; most of the people owning RV's are
older residents living on fixed incomes and use their RV'S
strictly for recreational purposes; if enforcement is done on a
complaint basis, this will lead to "witch-hunting" throughout the
City; some vehicles are used for emergency purposes as some owners
are ham operators; under the repair division it should be "owner
and/or agent" since some owners have mechanics come to the house
to work on their vehicles.
Minutes 13 - November 25, 1986
A recess was held at 10 p.m. and the meeting reconvened at 10:06
p.m.
MSUC (Moore/Malcolm) to accept the Negative Declaration.
MSUC (Malcolm/Moore) to set the appeal fee for ~25.
Council discussion ensued regarding the concern of allowing
commercial vehicles in residential areas; the problem of not
enforcing the ordinances that are presently on the books; safety
is the number one provision but visiDility is also a probability;
would like to see this come back in one year for evaluation;
discussed the type of repairs being done in the open carports;
questioned the staff as to how close to the property line a
trailer can be permitted noting the set-back area has to be
observed; no compelling need for government to get involved in
telling people what they can or cannot park on their front lawns;
concerns with enforcing the ordinance only on a complaint basis.
It was moved by Councilman Nader to delete ~e~ions 3, 6, and 7 of
the ordinance pertaining to the parking in front yards. The
motion died for lack of second.
MSUC (Malcolm/McCandliss) to place the ordinance as amended on
first reading. Councilman Nader voted "no."
lla. REPORT ADDING SECTION 10.52.096 TO THE CHULA
VISTA MUNICIPAL CODE RELATING TO THE
PARKING OF HEAVY DUTY COMMERCIAL OR OTHER
VEHICLES IN RESIDENTIAL DISTRICTS
(Director of Public Works/City Engineer)
MSUC (Malcolm/Moore) to bring back the ordinance for first reading
except to change the 3 hours to 72 hours and tighten up this
provision taking into consideration the people moving their
vehicles after 72 hours.
City Manager Goss stated that at the next meeting he would like to
have comments made by the Police Department as to the enforcement
of this provision.
llb. REPORT ADDING SECTION 10.52. 095 TO THE CHULA
VISTA MUNICIPAL CODE RELATING TO THE
PARKING OF CERTAIN VEHICLES WITHIN ONE
HUNDRED FEET OF AN INTERSECTION
MSUC (Malcolm/Nader) to file any consideratio.~ of an amendment to
this ordinance.
Minutes - 14 November 25, 1986
13. ORAL COMMUNICATIONS
a. Steve Molsky, 352 Broadway, Chula Vista, spoke of the
detericr~ion of "G~ Street between Third and Fourth Avenue.
Director Of Public Works/City Engineer Lippitt explained the
project under way now under the CIP. The City is now working
with the utility companies in order to get the work done at
one time and therefore there has been much street work in this
regard because of the water line being put in.
Mr. Mulsky asked Council to check on the quality of the work
being done by the contractors since he has observed some roads
being 1" higher than others.
PULLED ITE~S
3. ~RITTEN COMMUNICATIONS
a. REQUEST FOR ~IVER OF MAJOR USE PERMIT AND INITIAL STUDY FEES
- Rev. Warren J. Clewis, Woodlawn Par,, Church of God in
Christ, 124 Spruce Drive, Chula Vista, CA
This was a request to waive the fees involved in processing a
major use permit. It was recommended that this request be
denied, as previous requests for such waivers by church
organizations have not been granted as a matter of City
Council policy.
City Manager Goss explained that he recommended denial based
on the fact that there has been an unwritten policy not to
waive fees for churches.
MSUC (Malcolm/McCandliss) to direct staff to bring back a new
policy and waive the fee for this particular organization.
Reverend Warren J. Clewis, 1548 Olvera Avenue, San Diego,
stated he is the minister of this church; they have outgrown
their present facility and it is in bad need of repair; with
the annexation of Montgomery they have had to apply for
various fees such as survey, attorney, etc. and therefore,
money is a big problem. He added that community groups would
be aDle to use the facility for various seminars i.e., drug
awareness, alcohol problems, etc.
Mr. Steve Goinz, 1177 Greenfield Drive, E1 Cajon, stated that
he was contacted by the church 2 or 3 years ago. Money is a
big problem and they are requesting a ~a~ver not specifically
because they are church, but because they are a non-profit
organization.
Minutes - 15 - November 25, 1986
MSUC (McCandliss/Malcolm) to continue this item for one week and
to have it placed first on the agenda.
Councilman Malcolm asked staff to provide the Council with a list
of all waivers granted in the past few years.
Councilman Nader stated his concern was for setting this policy
since it would possibly set a precedent. Waivers should be
granted to organizations who are community involved and there
should be an expressed hardship.
Mayor Cox asked staff to look into using Community Development
Block Grant funds.
b. REQUEST FOR EXTENSION OF TIME ON PCC-86-24M (CHULA VISTA
RECYCLING) - Richard A. Reynolds, Phillips-Reynolds
Engineering, Inc., 71 North Fourth Avenue, Chula Vista, CA
92010
This was a request for an extension of time on PCC-86-24M. In
June 1986, the City Council considered the question of
granting a Major Use Permit for an automobile dismantling and
scrap operation located at 128 Mace Street. The Council
approved the continued use of the eastern portion of the site
as a scrap yard until December 31, 1986 in order to give the
operator an opportunity to find a new location. Planning
staff has indicated the operator of the recycling plant has
been making an honest effort to locate a new site for his
operation, but feels that it will be difficult for him to
locate a new site prior to the December 31, 1986 deadline.
His request is to be granted a 90-day extension for continued
operation of the recycling plant and, in view of his diligent
efforts to relocate, it was recommended that Council grant an
extension through March 31, 1987.
Councilman Moore stated he asked this to be pulled because the
extension involves more than 50% of the requested time.
Councilman Malcolm commented that the recommendation of both the
Planning Commission and the Montgomery Planning Committee was for
longer periods of extensions. He cited the difficulty the
applicant is having in trying to find another place.
MSUC (Malcolm/McCandliss) to grant the request.
14. REPORT OF THE CITY MANAGER
a. City Manager Goss welcomed Councilman Nader to the Council.
b. The City Manager questioned whether the CoUncil did, in fact,
want Written Communications to be placed under the Consent
Calendar.
The Council concurred that they did.
Minutes - 16 November 25, 1986
15. MAYOR'S REPORT
a. Mayor Cox welcomed Councilman Nader to the Council.
b. Mayor Cox reminded the Council of the Tour of the City on
December 6 at 8 a.m.
c. Mayor Cox reported on the position of the Bayfront Conservancy
Trust Executive Officer. Seven people have been interviewed
and it has now been narrowed down to 4 people.
Mayor Cox stated that there has been a great deal of concern
with the traffic congestion in Chula Vista. Permits are no
longer being issued for EastLake because they have now reached
their first threshold.
e. Mayor Cox announced that at 9 a.m. tomorrow morning, McMillin
will be bringing in grading plans to widen East "H" Street to
6 lanes (I-80~_to Southwestern College).
f. SANDAG is holding a seminar in La Jolla on December 4
beginning at 8:30 to 4 p.m. on "Sewer and Sludge."
Councilman Malcolm stated a report is coming to the Council
shortly regarding the County and City of San Diego's dumping
tankards of liquid sludge on the Class "1" dump at Otay.
Director of Public ~orks/City Engineer Lippitt stated he
talked to the Deputy Public Works Director, Sharon Reid and to
the Metro Sewer Plant representatives. Wha6 is being
transported to Otay is all of the waste products that cannot
be dumped in the ocean and are not determined to be sludge
such as grit, scum, and floatables. The only place that they
can dump this is in the Otay landfill.
Mayor Cox asked that the report be given to the Council as
soon as possible.
16. COUNCIL COMMENTS
a. Councilman Nader expressed his pleasure in joining the City
Council and staff.
b. Councilman Nader discussed the current growth of the City
stating that now is the time to take a look at separating the
Police and Fire Departments.
MS (Nader/McCandliss) to refer this matter to staff for a study as
to what would be the best alternative for running both the Police
and Fire Departments, being their current ~etup, as separate
Police and Fire Chief or perhaps some other permeation that might
be better analyzed by staff than take back and forth at the
Council meetings.
Minutes 17 - November 25, 1986
Mayor Cox stated he was reluctant to respond to the motion at
this time. He discussed the City's current Public Safety
Program noting 18 additional officers were added to the Police
Department; noted the changes in the City during the past few
years; mentioned the Montgomery annexation; and indicated that
this motion should be evaluated perhaps, when the present
incumbent either retires or is replaced.
Councilwoman McCandliss noted there will ~me a time when the
current Director of Public Safety will not be here. One of
the reasons for consolidating the departments in the first
place was because of the qualities of Chief Winters. With all
the changes that are now taking place in the City, she
indicated it may be worthwhile to review this proposal.
Councilman Malcolm's comments referred to the way to judge the
Police Chief: crime rate in the City; the response time of
the Police Officers, etc. Since there has never been a
problem since the Director of Public Safety took over both
departments, he would not favor any change at this time.
Councilman Nader explained that what he is proposing at this
time is a staff study. There is no problem at the moment;
however, he would like to have an analysis of what the options
will be before it reaches a crisis. The reason the program
was set up in the first place was because of Proposition 13
along with the idea of having Public Safety Officers. Since
no one has moved in that direction, he feels that the staff
study should prove worthwhile.
The motion failed by the following vote:
AYES Nader, McCandliss
NOES: Malcolm, Moore, Cox
ABSENT: None
c. Councilman Nader remarked that both the City and County of San
Diego have directed their staffs to prepare an emergency
ordinance regulating the transfer of certain chemicals used in
the illegal manufacture of amphetamines. There will be a
State regulation On this next year but in the interim, the
fear is there will be people who will try to stockpile the
chemicals and; therefore, the emergency ordiqances.
MSUC (Nader/Malcolm) for staff to come back with an emergency
ordinance along the same lines as those the City and County of San
Diego are in the process of adopting.
Minutes 18 - November 25, 1986
d. Councilman Moore referred to the memo received from the
Director of Finance, Lyman Christopher, regarding the
Community Rehabilitation Law. He felt the staff should pursue
this issue. City Manager Goss stated staff is taking a look
at it and will report to the Council.
e. Councilman Moore commented on the parades in the City noting
that the Council, instead of riding individually in parades,
should all ride in one float, or as he proposed, on the "Old
Goose" (Fire Engine).
f. Councilwoman McCandliss ~elcomed Councilman Nader to the
Council.
g. Councilwoman McCandliss commented on a number of signs
displayed at the Bayfront Trolley Station.
MSUC (McCandliss/Moore) to refer to the Transit Coordinator a
review of the regulatory or administrative signs at the Bayfront
Trolley Station.
Councilman Moore also asked that the staff look into the
amount of 20 minute parking spaces at the station.
h. Councilwoman McCandliss referred to the memo the Council
received last week from the City Manager reporting on the 911
call on Halecrest Drive ~qhere a bicyclist was hurt. It was
her understanding that the Firefighters have first response
time for medical assistance.
MSUC (McCandliss/Cox) to bring back that criteria and policy issue
back to the City Council at a Council Conference for review.
i. Councilman Malcolm commented he was looking forward to slowing
down the building permits in the EastLake area and welcomed
the news regarding the improvements to East "H" Street. There
is still a need to look at all of the intersections,
on/off-ramps in the City, and a person will soon be hired for
this. He would like to give staff a chance to step back and
see what's going on in the areas east of 1-805, the roadways
and the cost of the improvements the City will have to put
- a review of the Public Facilities Benefit Plan.
Staff can still go ahead and continue to process those
building permits that are now on the books but, he is
proposing that no mass building permits De issued for the next
120 days.
Minutes 19 ' November 25, 1986
Council discussion followed regarding the merits of Councilman
Malcolm's proposal. Their comments were: this is the
opportunity to look at East "H" Street and the improvements
being put in along with the streets that would be affected;
EastLake has now reached a threshold whereby they cannot build
any further because they do not have the public improvements;
discussed the traffic problems existing on Telegraph Canyon
Road and Bonita Road; staff is working with a consultant on
the facilities benefit plan; it will affect approximately 500
to 600 building permits; noted the subdivision being proposed
for Bonita Long Canyon; the problems on East "H"/I-805 can be
resolved without placing a moratorium on building permits,
however; the problems on Bonita Road/I-805 are "beyond belief"
and Council needs to address this issue.
MS (Malcolm/McCandliss) to direct staff to bring back an urgency
ordinance in 2 weeks that would stop the issuance of building
permits for a period of 4 months.
The motion carried by the following vote to wit:
AYES: McCandliss, Malcolm, Nader
NOES: Moore, Cox
ABSENT: None
Councilwoman McCandliss noted that she would not be here in 2
weeks and Mayor Cox stated he would be late for the meeting of
December 9.
MSUC (McCandliss/Malcolm) to change the time to have the report
back to 3 weeks - the meeting of December 16.
The motion carried by the following vote to wit:
AYES: McCandliss, Malcolm, Nader
NOES: Moore, Cox
ABSENT: None
ADJOURNMENT AT 12:50 a.m. to the meeting of December 2, 1986 at 4
p.m.
.~i~tDlgle~kFulasz,
0922