HomeMy WebLinkAboutcc min 1987/01/20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, January 20, 1987 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers Nader, Moore,
McCandliss
MEMBERS ABSENT: Councilman Malcolm
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, Assistant City Attorney Rudolf
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 January 13, 1987.
Councilman Nader stated that under the Legislative Program
Report, the intent of his motion was not to state it would be
for "repeat offenders".
Mayor Cox noted that on page 17 under the Bicenntenial
Committee issue, the month of the celebration should be
September rather than July.
MSUC (McCandliss/Moore) to approve the minutes as corrected.
2. SPECIAL ORDERS OF THE DAY
a. OATH OF OFFICE TO NEWLY APPOINTED COMMISSIONERS
The Oath of Office was administered by the City Clerk to
International Friendship Commissioners Kelly Brennan and Sandy
Palumbo and Safety Commissioner George Smith.
b. PRESENTATION OF PLAQUE AND RESOLUTION TO ANDREW F. PARTCH,
PARKS & RECREATION COMMISSION
Mayor Cox presented Mr. Partch with a Plaque and Resolution
recognizing his services on the Parks & Recreation Commission.
Minutes - 2 January 20, 1987
3. CONSENT CALENDAR (3a - 10)
items pulled: 3d and 6.
MSUC (McCandliss/Moore) to approve the Consent Calendar.
WRITTEN COMMUNICATIONS
a. REQUEST FOR SUPPORT OF SB 5 (Miller Standard on Pornography) -
Harry Kullijian, President, C.L.E.A.N., P.O. Box 918, Modesto,
CA 95353
This letter requests the support of SB 5 (Deddeh) which would
conform California law to the case of Miller vs. California
concerning the definition of pornography. The City Manager
noted that while the letter inaccurately refers to last year's
AB 365, its description of SB 5 is essentially correct. Since
the City's 1987 legislative program does not have a basic
position on obscenity, action on this bill would require
action by the City Council. The Deputy City Manager's
recommendation was to support SB 5 with the exception of
Section 1, subsection A1 and that appropriate letters be sent
to local legislators and members of the appropriate
legislative committee.
MSUC (McCandliss/Moore) to approve the staff's recommendation.
b. REQUEST TO HOLD GREAT AYH INTERNATIONAL BICYCLE TOUR ON
SUNDAY, FEBRUARY 22, 1987 Aillene V. Elliott, Executive
Director, American Youth Hostels, 1031 India St., San Diego
92101
MSUC (McCandliss/Moore) to approve the request subject to staff
conditions.
c. REQUEST TO LET GOVERNOR, SECRETARY OF HEALTH & WELFARE AGENCY
AND DIRECTOR OF DEPARTMENT OF ALCOHOL THAT DRUG FUNDING EQUITY
PRIORITIES BE ESTABLISHED - Supervisor Brian p. Bilbray, 1600
Pacific Highway, San Diego 92101
MSUC (McCandliss/Moore) to send letter of support to appropriate
state officials under the Mayor's signature.
d. PROPOSAL FROM BUSTOP SHELTERS OF CA, INC. FOR FREE PILOT
PROGRAM FOR THE CITY - Jean Claude LeRoyer, President, 18007
Sky Park Circle, Suite D2, Irvine, CA 92714
Pulled from Consent Calendar.
Minutes - 3 - January 20, 1987
4. RESOLUTION 12884 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND JAMES S. DUBERG AND SHERYL
M. DUBERG ALLOWING PROPERTY AT 4454 VISTA
CORONADO DRIVE TO BE CONNECTED TO THE CITY
SEWER SYSTEM AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (Director of Public
Works/City Engineer)
By letter dated December 3, 1986, the owner of the property at
4454 Vista Coronado Drive requested permission to connect to the
City se~er system. The property is in the unincorporated area
adjacent to Hidden Vista Village Subdivision. The property may be
connected upon execution of an agreement between the owner and the
City according to Council Policy No. 570-02. If approved, Mr.
Duberg will enter into an agreement with the City to provide the
following:
1. The sewer may be disconnected in the event that the owner or
his successors in interest oppose annexation of the individual
property to the City.
2. The owner shall bear the full cost of any sewer construction
necessary to serve his property.
3. The owner shall pay all applicable sewer connection fees
and/or assessments.
4. The owner agrees to pay all ongoing sewer service charges.
5. The owner and successors shall not oppose the formation of any
improvement district or similar action to extend the sewer
main in Vista Coronado Drive.
5. RESOLUTION 12885 ACCEPTING BIDS AND AWARDING CONTRACT FOR
TRAFFIC SIGNAL INSTALLATION AT EAST "H"
STREET AND PASEO DEL REY AND TRAFFIC
SIGNAL MODIFICATION AT "H" STREET AND
HILLTOP DRIVE IN THE CITY OF CHULA VISTA,
CALIFORNIA (Director of Public Works/City
Engineer)
On January 13, 1987, sealed bids were received for the project
which consists of the installation of a new traffic signal and
safety lighting at East "H" Street and Paseo Del Rey and the
installation of left-turn phasing on all 4 legs of the
intersection of "H" Street and Hilltop Drive.
The recommendation was that Council accept bids and award the
contract to Perry Electric Co. (low bidder) in the amount of
~82,154.
Minutes - 4 - January 20, 1987
6. ORDINANCE 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 - FIRST
READING (Director of Public Works/City
Engineer)
Pulled from Consent Calendar.
7. ORDINANCE 2187 REPEALING AND ADDING CHAPTER 1.30 TO THE
CHULA VISTA MUNICIPAL CODE RELATING TO THE
ABATEMENT OF PUBLIC NUISANCES - SECOND
READING AND ADOPTION (Assistant City
Attorney)
The proposed ordinance would repeal the existing Chapter 1.30 of
the Chula Vista Municipal Code relating to abatement of public
nuisances and replace it with a new Chapter 1.30. The existing
procedure does not provide clear guidance for the enforcing
officer, the City Clerk, the person alleged to have committed the
public nuisance and local tax authorities of their appropriate
role and applicable procedures.
The ordinance was placed on first reading at the meeting of
January 13, 1987.
8. ORDINANCE 2188 AMENDING SECTION 19.04.007 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO THE
DEFINITION OF ADULT BOOKSTORE - SECOND
READING AND ADOPTION (Assistant City
Attorney)
This amendment to the Code brings the City's definition of an
adult bookstore into conformity with that of the County.
The ordinance had its first reading at the meeting of January 13,
1987.
9. REPORT CITY'S SOCIAL SERVICES FUNDING POLICY AND
PROCESS (Community Development Director)
At the City's Community Development Block Grant (CDBG) budget
hearing of May 13, 1986, Council directed staff to prepare a
Council workshop on the City's funding of social services. The
Council desired to reevaluate the City's funding policies and
processes prior to the next CDBG funding cycle; however, a vacancy
in the Council's workshop schedule has not been available, and the
City's Social Service Plan, which would be invaluable in assessing
the City's policy and process, has not been completed and the
City's 1987-88 funding application process for social services
should begin immediately. The report provides the Council with
some opportunity for evaluating the social service funding process
and makes recommendations for further action.
Minutes 5 January 20, 1987
The recommendations of the Commission on Aging and Human Relations
Commission are in part incorporated in the recommended policy and
process.
The recommendation was that the Council fund social services for
FY 87-88 under the CDBG program utilizing the existing policy and
process with minor revisions and direct an in-depth evaluation of
the policy and process for FY 1988-89 upon completion of the Chula
Vista Social Service Plan.
Although the City has not been informed of the amount it will
receive for its 1987-88 CDBG allocation, the City has been advised
by HUD to anticipate receiving roughly the same total grant as was
received in 1986-87, approximately ~1,000,000. The maximum amount
of the grant which could be allocated to social service operations
is 15% or an estimated ~150,000 for 1987-88.
10. REPORT ON PROPOSED RESPONSES TO THE 1985-86 GRAND
JURY REPORT (Assistant City Manager)
The 1985-86 Grand J,ury Report contains some 117 findings and
recommendations addressed to various local public agencies subject
to the ~watchdog" function of the Grand Jury. Some of those
recommendations relate to issues that legally require a response
from the local legislative body. In Chula Vista's case, only two
findings/recommendations of the Grand Jury need to be addressed.
They are:
1. 86-15 That the Board of Supervisors and the 16 cities in San
Diego County urge the introduction and passage of an amendment
to the California Educational Code which would mandate K-12
drug abuse prevention education in public schools. This
mandate should be accompanied by a substantial funding
incentive making it possible for districts to begin such
programs or expand existing ones.
2. 86-111 - That the City Council of each city in the County with
a police force institute a juvenile diversion system modeled
after the Sheriff's program or that followed in the City of
Vista.
The recommendation was that Council accept the report and
authorize staff to respond to the Presiding Judge of the Superior
Court as required and in the manner recommended by staff in its
detailed report.
END OF CONSENT CALENDAR
Minutes - 6 - January 20, 1987
pUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
11. PUBLIC HEARING VARIANCE ZAV-87-10: APPEAL FROM PLANNING
COMMISSION DENIAL OF VARIANCE AT 59 "K"
STREET - JACK AND MARLA KUTA (Continued
from meeting of January 6, 1987) (Director
of Planning)
RESOLUTION GRANTING APPEAL AND APPROVING VARIANCE FOR
FLOOR AREA RATIO OF 45.5%
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
In his report to the Council, Director of Planning Krempl
explained that on January 6, 1987, the City Council continued this
item to January 20, 1987 and referred the request back to the
Planning Commission for input.
At the Commission meeting there were only four Commissioners
present. Of those four, two had a conflict of interest leaving
only two Commissioners to review the item. One opposed the
variance request while the other supported it.
Mayor Cox stated he received a request from Mr. Aginiga to
continue this item for a full Council and asked for Council's
direction on this request. There being no motion to continue the
item, the Mayor asked for an additional staff report.
Director of Planning Krempl explained that new petitions were
submitted to Council; one supporting the proposal containing 156
signatures and the other in opposition containing 66 signatures.
The Planning Commission voiced support of this request,
determining the findings reasonable with no inconsistencies with
the original findings; and no issue having the garage located in
the rear yard. Mr. Krempl then noted the other garages in the
neighborhood and the square footage of those garages.
Mr. Jack Kuta, the applicant, stated he is attempting to make the
best use of his large, narrow lot. His proposed garage will be 24
x 22 feet or 12 feet smaller than the existing garage; the lot
coverage would be 28 feet; the reason for the garage in the rear
yard is to accommodate a pool; the proposed construction will
improve the property.
Mr. John Ford, 63 "K" Street, stated the floor area ratio (FAR) is
an arbitrary number; Mr. Kuta is seeking a reasonable variance in
order to construct his garage; he lives next door to Mr. Kuta and
urges Council to approve the variance.
Minutes 7 January 20, 1987
Speaking in opposition were: Eugene Otto, 83 Milan Court, Chula
Vista; Sobieck Gerard, 63 Milan Court, Chula Vista; Ben Aginiga,
66 Milan Court, Chula Vista. In summary, their comments were:
noted the misleading words on the petition in support; there is no
hardship for the variance; drainage is a problem; Council should
research this matter further; there will be a reduction of light,
air, open space and privacy; there will be an increase in noise,
air pollution and nighttime lighting; potential drainage problems;
it is a non-conforming use and it would be precedent setting; the
one-half of one percent would be making a special concession if
the Council approves the variance since it is inconsistent with
the General Plan of the City.
There being no further testimonies either for or against, the
public hearing was closed.
In answer to the Mayor's question, Director Krempl stated that the
existing garage on the premises could conceivably be moved back to
the rear yard without Council/Planning Commission approval since
there would be no construction; however, a permit may be required.
Director of Public Works/City Engineer Lippitt explained the
process in which the staff reviews all drainage problems.
Director Krempl noted there is a 20 foot rear yard set-back and
the applicant is able to locate a building on this rear yard.
Councilwoman McCandliss commented that she contacted several of
the neighbors and they are concerned with the 3 foot set-back.
Staff states it is legal; however she tends to agree with the
Planning Commission that this set-back requirement needs review.
She added that she does not see this particular matter as a
precedent setting item.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent.
Councilman Nader stated he will be voting against the. motion
offering the resolution. There are rules laid out that everyone
is aware of and in the absence of an extreme hardship he doesn't
see any need for the variance.
The offer of the resolution failed by the following vote, to wit:
AYES: Cox, McCandliss
NOES: Nader, Moore
ABSENT: Malcolm
Minutes - 8 - January 20, 1987
12. pUBLIC HEARING COASTAL DEVELOPMENT PERMIT FOR
MID-BAYFRONT TENTATIVE SUBDIVISION MAP
CVT 87-4 (Community Development Director)
The applicant has requested a continuation of the Public Hearing
before the Planning Commission until the January 28, 1987 meeting
'and continuation of the City Council Hearing to February 3, 1987.
MSUC (Nader/Moore) to continue the public hearing to the meeting
of February 3, 1987 at 4 p.m.
13. PUBLIC HEARING PCS-87-4 CONSIDERATION OF TENTATIVE
SUBDIVISION MAP FOR CHULA VISTA BAYFRONT,
C~ULA VISTA TRACT (CVT) 87-4 - UNITS 1
THROUGH 10 (Director Of Planning)
The applicant has requested a continuation of the Public Hearing
for the Coastal Development Permit to the February 3, 1987, City
Council meeting which will be held at 4:00 p.m. in the Council
Chambers.
MSUC (Nader/Moore) to continue the public hearing to the meeting
of February 3, 1987 at 4 p.m.
14. HEARING ON REVOKING THE LICENSE OF B & M HEALTH
CLUB (City Attorney)
RESOLUTION 12886 REVOKING THE HEALTH CLUB BUSINESS LICENSE
OF ELBERT B. POPPELL DBA THE B & M HEALTH
CLUB
Mayor Cox explained that on January 9, 1987, the Director of
Public Safety served the respondent with a Notice of Revocation of
his business license as a Health Club and giving him further
notice of an opportunity for a hearing before the City Council to
determine whether his statement on the application regarding the
nature of the business to be conducted constituted a failure to
comply with any term of the Municipal Code pursuant to Section
5.02.180.
Following a presentation of evidence by the Director of Finance
and the Director of Public Safety and respondent, Mr. Poppell, the
City Council is required to make its determination whether a false
statement was made, if it constituted a failure to comply with the
terms of the Municipal Code regarding application statements, and
whether the business license as a Health Club should be revoked.
This item does not deal with the type of business or land use.
That may be dealt with at another special public hearing. The
hearing tonight is only on the potential revocation of the
business license.
Minutes - 9 - January 20, 1987
Assistant City Attorney Rudolf stated that primarily a 30 day
notice of abatement was given to the owner of the business, and on
Friday, January 16, 1987 the City obtained a temporary restraining
order to close the business, which was served on that Friday
evening. This court matter is scheduled for a hearing for a
preliminary injunction on January 30. As to the hearing this
evening, the staff has the burden of proof whether or not false
statements were made on the business application. Mr. Poppell,
the owner, his attorney, and all parties will be given the
opportunity to present any statements, either oral or documents
and will be given an opportunity for rebuttal. At the close of
the hearing, summations by both parties will be made.
Lyman Christopher, Director of Finance, presented the following
exhibits:
1. The business license application dated October 8, 1986.
2. A copy of the declaration made by Police Officer Nathaniel
Hines, along with a copy of the card issued from THAD'S.
3. A copy of a letter to Director of Public Safety William
Winters from Attorney Thomas F. Homann concerning the
violation at 15 Fourth Avenue in which Attorney Homann
acknowledged the Notice of Violation dated December 24, 1986.
This letter indicates that no fees would be charged for
engaging in any sexual activities at the premises.
4. A copy of the declaration made by Police Officer George Hart
in support of the motion for the restraining order.
5. A copy of the Notice of Revocation of the business license
indicating the time and place for this particular hearing.
6. A copy of the letter to the Assistant City Attorney, Richard
Rudolf from Attorney Thomas F. Homann dated January 13, 1987,
listing a number of concerns regarding the hearing on the
revocation.
7. A copy of a letter to Thomas F. Homann from Assistant City
Attorney Rudolf responding to the concerns in Mr. Homa~n's
letter of January 13, 1987.
Director Christopher stated it is the staff's position that there
was misrepresentation on the business license regarding the nature
of the business activities. He is recommending that the business
license be revoked.
Minutes - 10 January 20, 1987
Attorney Homann questioned Mr. Christopher as to whether or not
the City was deprived of receiving any business taxes regarding
this establishment; if other business such as dress shops and so
forth were listed on the business license would additional tax be
required; was there a review by the Planning Department on the
zoning violation; Section 50.02.030 of the Chula Vista Municipal
Code states that only one business tax will be collected no matter
how many businesses are located in the facility; would the
business license be issued if Mr. Poppell put down he was
operating a "sex club/rap parlor"; noted that the Director of
Finance is required to issue a business license even though the
business, in his opinion, does not conform to the Code; is the
business license being revoked because Poppell is not operating as
a health and racquetball club; and why does the Director feel that
the description on the business license is inaccurate?
In response, Director of Finance Christopher stated the original
business license was issued in October 1986 and the taxes were
paid at that time; the business license was issued without review
by the Planning or Building & Housing Departments since the
application falsely stated that the building would be operated the
same as before (health and racquetball club). The business
license as applied for is a statement of misrepresentation since
it fails to list the activities going on in the facility, thereby
circumventing the normal review process by the City; agreed that
the Code does state that upon review of the Planning and/or
Building & Housing Department, if it results in the notation that
the business does not comply with the Code, the Finance Director
may still issue the business license and the license fee will not
be returned.
Attorney Homann then questioned the members of the City Council as
to their potential bias in the matter before them this evening;
questioning whether if they felt a majority of the people in Chula
Vista want the business closed would that be the action they would
take.
Assistant City Attorney Rudolf stated that the revocation of the
business license is the issue before the Council this evening; the
questioning by Attorney Homann goes impermissibly into the state
of mind of the members of the City Council as to whether or not
they would vote in any particular way. There is a "fuzzy line"
between impermissible questions regarding the thought process on
how the Councilmembers would logically reach a conclusion as
opposed to permissible questions related to bias and previous
knowledge of facts.
Councilman Nader stated that if the applicant complies with the
law, his vote will be for the business; however, if it is a sexual
encounter club, he would not want to see it in the City.
Minutes 11 - January 20, 1987
Councilman Moore agreed and Councilwoman McCandliss stated that
the information presented to the City Council tonight was not in
the package they received over the weekend. Whether or not the
business should be in the City of Chula Vista will be a matter
which will be heard at at a later date.
Mayor Cox agreed noting that the issue before the Council tonight
was strictly the revocation of the business license. The City has
an ordinance which allows that type of establishment to operate in
the City but that question is not before the Council this evening.
Attorney Homann questioned the Council as to whether or not any of
them were in favor of directing the City Attorney to file a
lawsuit to close the business.
Assistant City Attorney Rudolf stated that the question was either
covered by attorney/client privilege or too far afield regarding
bias and the Council members should not answer it.
In response to Attorney Homann's question, the Mayor did state
there had been a Closed Session to discuss potential litigation
regarding THAD'S on Tuesday, January 6, 1987 and that for that
that Closed Session, all of the Councilmembers were present.
In answer to Councilwoman McCandlisst question, Attorney Homann
stated that the Council has the business license in front of them
which contains Mr. Poppell's signature. Weight machines, are
available on the premises so it has been operating as a Health
Club; he will decline to present any evidence on this.
Councilwoman McCandliss questioned whether THAD'S and the B & M
Health Club were the same operation.
Attorney Homann stated that the Council has evidence in the
records to support that question.
Speaking in opposition to the facility were John Ford, 63 "K"
Street, Chula Vista, Vice President, PSA, and a minister in the
First Assembly of God Church on Fourth and "D" Street, located
near the premises in question. His Board, clients and the people
of his church object to the facility being operated as a sexual
encounter club. He represents over 1500 people in his church who
take exception to this type of activity and urged Council to
revoke the license.
Tim Welch, Chula Vista, discussed the public outcry as to why this
business is allowed to operate in clear violation of the Judge's
order to close; asked that the Council issue an order to
immediately close those doors.
Minutes - 12 - January 20, 1987
Shirley Hoffman, Manager, Days Inn, questioned the business
license tax whereby there could be other activities in one
business facility and only one business license tax would be
required.
Director of Finance Christopher asked Mrs. Hoffman to meet with
him tomorrow and he would explain the requirements of the business
license.
In summation, Director Christopher stated that the issue before
the Council tonight is one that is fairly simple. The use of the
business as presently being operated was not stated on the
business license. He recommends revocation. Mr. Homann declined
to make closing arguments and the hearing was closed.
Councilman Nader commented that he finds it questionable that
anyone going into a health club should be charged $40 or $50 for
the first visit expecting to receive dietary/nutritional
information, exercise bikes, etc., and instead is asked to disrobe.
Attorney Homann contended that the definition of a health club is
"broad as the day is long." He added that if the Council has to
go through the same procedure for every single business license
that is issued in the City, they would be quite busy. The kind of
business his client is operating does not warrant this special
kind of hearing and it is not worthy of this much attention.
The Mayor re-opened the hearing to allow testimony from Robert
McLane, 243 Minot Street, Chula Vista, stated that st~ff needs to
define the word "sexual encounter club.w It is a fraudulent
misrepresentation on a business license; it is a big issue, not
only to the City, State, and Nation, but to the world as well.
Mr. McLane then questioned whether the City had a health code.
Assistant City Attorney Rudolf indicated that any state law on
health issues could pre-empt a Municipal ordinance. If this
operation required a health inspection, it would have to comply
with State law or any other applicable laws.
There being no further testimonies either for or against the
hearing was declared closed.
Council discussion followed whether or not the Finance Director
was still required to issue a permit with a non-refundable fee;
the cursory review given by the Planning Department and no review
by Building & Housing on this particular business license; clear
from evidence presented that the business is not being operated as
a health club; Mr. Poppell signed the business license under
penalty of perjury; Mr. Poppell did not want the City to know what
was going on in his establishment.
Minutes - 13 January 20, 1987
RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the
text was waived by unanimous consent.
Mayor Cox stated that the subject of the matter is whether or not
there is a fraudulent application and there is no question in his
mind from evidence presented by the Director of Finance that the
application was filled out in a fraudulent manner.
The offer of the resolution carried unanimously.
Assistant City Attorney Rudolf explained the applicant no longer
has a license to operate his facility and noted the temporary
restraining order issued to close the club; staff is watching what
is going on in the facility and if there is any action not to
comply with the court order to close the club, the City Attorney's
Office will be going back to court on this.
15. ORAL COMMUNICATIONS
a. Toni DiMaggio, Director, Mercy Crusade, San Diego, stated she
would like Council' to direct that all dogs and cats get their
shots before they are adopted and that Council should give
some thought to the cats that are housed at the pound. Since
that facility is inadequate to house a number of cats, the
County Department of Animal Control has a pound on Sweetwater
Road in Bonita and people should be advised to take their cats
there.
PULLED ITEMS
d. PROPOSAL FROM BUSTOP SHELTERS OF CA, INC. FOR FREE PILOT
PROGRAM FOR THE CITY - Jean Claude LeRoyer, President, 18007
Sky Park Circle, Suite D2, Irvine, CA 92714
The City Manager reported that if the City Council wishes to
learn more about this program, the item should be placed on a
future agenda for a presentation by Bustop Shelter
representatives. Otherwise, he recommended that the City
decline to participate in this advertising transit shelter
program since it is perceived that these shelters would be
incompatible with the City's efforts to reduce advertising in
the public ~ight-of-way.
Mayor Cox stated that the City Clerk received a call from the
applicant asking for a continuance of one week.
MSUC (Cox/McCandliss) to continue this item for one week.
6. ORDINANCE 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 - FIRST
READING (Director Of Public Works/City
Engineer)
Minutes - 14 - January 20, 1987
Director of Public Works/City Engineer Lippitt reported that at
its meeting of November 25, 1986, the City Council considered an
ordinance which would have restricted the parking of heavy duty
commercial or other vehicles in residential districts to 3 hours.
After considerable discussion, this ordinance was referred back to
staff for revisions which would extend the 3-hour time limit to 72
hours and would "tighten" up the ordinance to prevent vehicle
owners from simply moving the vehicle a few feet or around the
block to circumvent the 72-hour limitation.
After considerable review of this proposed ordinance and numerous
other alternatives involving different time and location
restrictions on parking, staff concludes that this and similar
ordinances would involve considerable enforcement efforts and even
then would only shift the problem around rather than solve it.
The Safety Commission voted not to consider this ordinance.
Staff's recommendation was to file the proposed ordinance.
Councilman Moore stated that when be voted on this issue, he voted
that all tractors and trailers be prohibited from parking in
residential areas. The ordinance does not reflect that particular
motion.
Director of Planning Krempl stated that that particular item was
discussed in conjunction with the Community Appearance Program.
The Planning Commission wanted to allow vehicles in excess of
10,000 to 12,000 pounds to be screened by a fence and allowed to
park in side or rear yards on private properties. That was
contrary to staff's recommendation and Council action.
Councilman Moore said he voted for the prohibition of the parking
of tractors and not for the weight of the vehicles. He declared
this should be explicit in the Code.
MSUC (McCandliss/Nader) to continue this for one week to bring
back the minutes of those meetings along with a staff report and
final text of the ordinance.
Staff discussion followed regarding the sections of the ordinance,
the Community Appearance Program, Council's direction to refer the
matter back to staff which was for the time element and not for
any direction as to prohibition of parking of commercial
vehicles. A separate ordinance could come back noting the
definition of a commercial vehicle.
Director of Public Works/City Engineer Lippitt stated that the
Code presently does not define what a commercial vehicle is. At
their December meeting the Council discussed heavy-duty vehicles
and added the RV'S to it, directed staff to come back with a
change of the hours allowed for the parking of these vehicles from
3 hours to 72 hours.
Minutes 15 - January 20, 1987
Speaking in opposition were Kathy Hibbard, 1651 Gotham Street,
Chula Vista, and Mrs. Frank Foyle, on Myra Avenue. Their
comments: the 72 hour limitation is a good one and want that
continued; outright prohibition of the large, heavy-duty vehicles
on residential streets would add to the community appearance of
the City.
16. REPORT OF THE CITY MANAGER
a. City Manager Goss presented the Council with an update on
traffic signalizations noting: contract for signalization
installations will be awarded and construction completed by
March 27; the report for the Sweetwater Traffic Study - the
consultant will be selected on Thursday and will meet on
January 26 with staff. A report will be given to Council the
first part of February. The Traffic Engineer met with the
consultant to develop a circulation element to the General
Plan and work program. Staff has contacted CalTrans for an
encroachment permit for the traffic signal at 1-805/"H"
Street; staff expects to receive this within the next month
and will start construction immediately.
17. MAYOR'S REPORT
a. DATE FOR INTERVIEWS FOR BOARDS, COMMISSIONS, COMMITTEES
Mayor Cox noted that a meeting has been scheduled for January
28 at 6 p.m. for interviews for Planning Commission and
Montgomery Planning Committee.
b. APPOINTMENT OF MEMBERS TO BOARD OF ETHICS
Mayor Cox noted a letter from Judge Gligorea noting the
recommendations for the following six people:
Paul Kincade Harriet Acton
Leo Kelly Donald Swanson
Jaoqueline Waleski Jerry McNutt
MSUC (Cox/McCandliss) to ratify the appointments and to send a
letter to Judge Gligorea thanking him for his time, effort and
gracious involvement on this entire process.
c. APPOINTMENT TO BOARD OF APPEALS
MSUC (McCandliss/Moore) to appoint John Nash to the Board of
Appeals.
Minutes 16 - January 20, 1987
d. PROCEDURE FOR COUNCIL INPUT FOR AGENDA ITEMS
Mayor Cox clarified that under the Brown Act a point came up
last week as to Council placing items On the agenda. He would
like it known that any member of the City Council can call the
City Clerk by noon on Friday and she will place any item they
want to have on the agenda. The Mayor added, however, that
the City Clerk would appreciate receiving those items as early
as possible (Wednesday or Thursday).
MSUC (Cox/McCandliss) to include this as part of the City Council
Policy manual.
e. DISCUSSION ON PENDING ITEMS
Mayor Cox stated that there are still mail boxes being
installed in public rights-of-way. He noted one next to
Denny's Restaurant on Bonita Road, another at Jimmy's
Restaurant and asked staff to respond to this.
18. COUNCIL COMMENTS
a. Councilwoman McCandliss indicated there may be a wrong
impression given on item 14 - the THAD'S revocation of
business license. She had stated that Council had evidence
before them that the owner was not complying with the
restraining order and asked the Assistant City Attorney to
respond.
Attorney Rudolf stated there was no evidence presented at the
hearing this evening on any information after Friday evening
when the restraining order was served, that his information
from the Police Department was that if it is not business as
usual, it is close to it. Staff is keeping a close tab on
that operation.
b. Attorney Rudolf stated that he was pleased with the report
issued by Judge Lovett rendering a decision on the Club
Carousel. The City was previously restrained in forcing the
County ordinance on it. The Judge ruled the County ordinance
was constitutional and the City may now proceed to enforce
it. The Judge also addressed the stay order and continued it
30 days, giving the owner the right to appeal after which a
decision will be made. Attorney Rudolph added he is preparing
a formal order in this case.
c. Councilwoman McCandliss noted the letter received from Sue
Hove to Chief Winters concerning a 911 call. She asked that
the City Council receive a copy of staff's response to Mrs.
Hove.
Minutes - 17 - January 20, 1987
d. Councilwoman McCandliss noted there are still a number of
heavy vehicles being parked on City streets. She stated cabs
are being parked along the 1-805/"H" Street ramps and along
Bay Boulevard.
City Manager Goss remarked that the staff received a referral
on this item and a report will be coming back to Council.
ADJOURNMENT AT 9:50 p.m. to the meeting of January 27 at 7 p.m.
and Wednesday, January 28 at 6 p.m. to conduct interviews for
Boards and Commissions.
-Jenn~ M. Fulasz, ,~M6~ ~/
· City Clerk
0948C