HomeMy WebLinkAboutcc min 1987/05/12 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, May 12, 1987 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers Nader (arrived
late due to the fact that he attended the
Southwestern College School Board
meeting), Moore, McCandliss, Malcolm
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, 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 meetings of April 30 and May 5,
1987.
-., MSUC (Malcolm/Moore) to approve the minutes. Mayor Cox abstained
from the minutes of April 30 because he was not present at that
meeting.
2. SPECIAL ORDERS OF THE DAY
a. PROCLAMATION PROCLAIMING THE WEEK OF MAY 17-23, 1987 AS
"NATIONAL PUBLIC WORKS WEEK"
The proclamation was presented to City Engineer Lippitt.
b. Mayor Cox noted that the week of May 16-22 is also Municipal
Clerks week and commended City Clerk Fulasz and her staff for
the services to the City.
CONSENT CALENDAR (3a 12) Items pulled: 3a, 3b, 6, 8, 9a, b
MSUC IMalcolm/Moore) to approve the Consent Calendar.
Mayor Cox stated he would abstain from item #6 noting a potential
conflict of interest.
City Council Minutes 2 May 12, 1987
3. WRITTEN COMMUNICATIONS
a. REQUEST TO CONCEPTUALLY ENDORSE INITIATIVE TO PROTECT PARK &
WILDLIFE & RAISE MONEY FOR COLLECTION OF SIGNATURES Buck
Bennett, Vice Chairman, P.O. Box 19553, San Diego 92119
Pulled from Consent Calendar.
b. REQUEST FOR RESPONSE TO VARIOUS CONCERNS RAISED AT PREVIOUS
COUNCIL MEETINGS Paul Greene, Sr., 141 Lotus Drive, Chula
Vista CA 92011
Pulled from' Consent Calendar.
c. REQUEST FOR MODIFICATION OF GARAGE SALE ORDINANCE - Sandra
Walling-Karstens, 1081 Melrose Avenue, Chula Vista, CA 92011
The City Manager .reported that the current regulations
governing garage sales, in terms of the twice a year and ten
days for each permit, has been in place at least since 1969 or
before. Whether or not increasing the number of permits per
year and/or limiting the number of days each permit is valid
requires a more thorough evaluation by staff before a
recommendation for any change can be made.
MSUC (Malcolm/Cox) to refer to staff for further study.
d. REQUEST FOR HELP IN ALLEVIATING NOISE PROBLEM OF PLANES AND
HELICOPTERS Sandra Walling-Karstens, 1081 Melrose Avenue,
Chula Vista, CA 92011
The City Manager noted that the Walling-Karstens' letter
regarding noise emanating from helicopters and small planes
circling her neighborhood late at night and early in the
morning is not an easy problem for the City to deal with
inasmuch as most of the problem probably involves Border
Patrol crafts seeking out illegal aliens.
MSUC (Malcolm/Cox) that the City direct a letter to the Border
Patrol bringing to their attention the concerns of the
neighborhood and seeking their cooperation in whatever way
possible to mitigate the problems referred to in Mrs.
Walling-Karstens' letter.
e. REQUEST FOR SUPPORT OF RESOLUTION DEFENDING THE AMERICA'S CUP
IN SAN DIEGO AND APPOINTMENT OF COMMITTEE Supervisor Brian
Bilbray, 1600 Pacific Highway, San Diego 92101
Supervisor Bilbray is seeking the City's support in urging the
America's Cup Task Force to select San Diego as a location for
-,
the 1990-92 event. He is asking for either adoption of a
City Council Minutes - 3 - May 12, 1987
resolution or a letter of support. He also is encouraging
appointment of an America's Cup Committee from Chula Vista to
develop ideas on how Chula Vista could participate in this
event.
MSUC (Malcolm/Cox) that the Mayor direct a letter to the America's
Cup Task Force urging that San Die9o be selected as the site for
the 1990-91 event incorporating points made in the Supervisor's
resolution; also that the City Council consider appointing an
America's Cup Committee made up of local representatives, to
develop ideas on how Chula Vista can participate in this event if
the City of San Diego is selected as the site.
f. CLAIMS AGAINST THE CITY -
Ms. Cathy Lemly; Ms. Diana Foshey, c/o 1010 Second Avenue,
Suite 1906, San Diego 92101
On March 30, 1987, the above claims were filed in connection
with a single car accident occurring on January 7, 1987, on
Edgemere Road, 300 feet south of the South Bay Parkway.
Mr. Rick Lewis; Ms. Patricia Lewis; Mr. Jeffrey Stevens; Mr.
Edward Sean Stevens, c/o 1200 Third Avenue, Suite 1200, San
Diego 92101
On April 14, 1987, the above four claims were filed as a
result of a two car collision occurring on January 4, 1987, in
a location designated at 2/lOth of a mile south of the
southerly curbline of E. 30th Street on Highland Avenue in
National City.
MSUC (Malcolm/Cox) to deny the claims.
4. RESOLUTION 13024 ACCEPTING BIDS AND AWARDING CONTRACT FOR
ROLLER AND TRAILER (Director of Finance)
Bids were received for the purchase of one 3-5 ton tandem rolle. r
with transport trailer. The recommendation was to award the
contract to Clairemont Equipment Company, low bidder, tn the
amount of $20,279.40.
Councilman Malcolm questioned the City Manager's recommendation to
accept the low bid for the City's trailer. He asked what the
trade-in value would be in the open market.
City Manager Goss stated he would check into that before awarding
the contract.
City Council Minutes - 4 - May 12, 1987
5. RESOLUTION 13025 APPROVING AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND ROBERT F.
ARMSTRONG FOR ARCHITECTURAL SERVICES FOR
THE NEW FIRE STATION AT 80 EAST "J"
STREET, AUTHORIZING THE MAYOR TO EXECUTE
SAID AMENDMENT, AND APPROPRIATING FUNDS
THEREFOR (Director of Public Safety)
On May 8, 1986, Council approved an agreement with Architect
Robert F. Armstrong to design a new fire station at 80 East "j"
Street. Staff is now requesting an amendment to this contract to
provide for the additional compensation of $3,640 for the
inclusion of a new electronically controlled underground fuel tank
in the design of this new facility.
The request was to appropriate $3,640 from the General Fund and
transfer to Account 1240-5201.
6. RESOLUTION APPROPRIATING FUNDS FROM THE
UNAPPROPRIATED BALANCE OF THE EASTLAKE
ASSESSMENT DISTRICT 86-1 IMPROVEMENT FUND
(Director of Public Works/City Engineer)
Pulled from Consent Calendar.
-..
7. RESOLUTION 13026 ELECTING TO PROCEED UNDER THE PROVISIONS
OF THE STREET VACATION ACT OF 1941,
DECLARING THE INTENTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA TO
VACATE A PORTION OF OTAY VALLEY ROAD AND
MAIN STREET AND FIXING A TIME AND PLACE
FOR HEARING THEREON {Director of Public
Works/City Engineer)
In March of this year, Mr. Juan Llamas, representing the owners of
the properties at 3905, 3917, and 3925 Main Street applied for the
vacation of a portion of Otay Valley Road and Main Street. In
accordance with the Street and Highways Code, the Council must
approve a resolution stating its intention to vacate and set a
date and time for a public hearing to consider the vacation.
The recommendation was to set the public hearing for June 2, 1987.
8. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE STATE OF CALIFORNIA
AND THE CITY OF NATIONAL CITY FOR THE
CONSTRUCTION OF DOUBLE LEFT TURN LANES AT
1-805 AND BONITA ROAD AND APPROPRIATING
FUNDS THEREFOR (Director of Public
Works/City Engineer)
Pulled from Consent Calendar.
City Council Minutes - 5 - May 12, 1987
9a. ORDINANCE 2204 ADDING CHAPTER 9.09 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO LOITERING
SECOND READING AND ADOPTION (City Attorney)
b. ORDINANCE 2205 AMENDING SECTION 9.15.010 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO OPEN
CONTAINERS - SECOND READING AND ADOPTION
(City Attorney)
Pulled from Consent Calendar.
10. ORDINANCE 2206 AMENDING SECTION 8.24.070 OF THE CHULA
VISTA MUNICIPAL CODE ENTITLED GARBAGE AND
REFUSE-COLLECTION PROHIBITED WHEN-BURNING
PROHIBITED SECOND READING AND ADOPTION
(Assistant City Manager)
The ordinance amending Chapter 8.24 relating to garbage and litter
control within the City is directly related to the sale of Chula
Vista Sanitary Service, Inc. IGSX) to Laidlaw Waste Systems, Inc.
late last year.
The subject ordinance amends Section 8.24.070 making it clear that
industrial waste is included in the franchisee's exclusive
franchise.
--.,
The ordinance was placed on first reading at the meeting of May 5,
1987.
11. REPORT REPORT ON PROPOSALS RECEIVED FOR AUDIT
SERVICES FOR FY 1986-87 THROUGH FY 1988-89
(Director of Finance)
Section 1017 of the City Charter requires an annual independent
audit of the City. The current three-year agreement with Deloitte
Haskins & Sells terminated with the June 30, 1986 audit report.
Audit proposals were received and evaluated by the Audit Review
Committee composed of the Director of Finance, Assistant Director
of Finance and Deputy City Manager.
The recommendation was to accept proposal of Touche Ross, low
bidder, in the amount of $20,900.
12. REPORT REGARDING WAIVER OF BUSINESS LICENSE FEES
FOR OXFORD SENIORS CLUB (Director of
Finance/Director of Parks & Recreation)
At its February 24, 1987 meeting, the City Council referred to
staff a letter from the Oxford Seniors of Lauderbach Center
requesting a waiver of business license fees for their monthly
City Council Minutes 6 May 12, 1987
"Swap Meet". Council requested that staff determine whether or
not the Senior Citizens' request could be accommodated within the
framework of the Municipal Codes.
The recommendation was that Council approve waiver of the business
license fees subject to the following conditions:
1. That the Oxford Seniors Club pursue certification of
non-profit status from the State and IRS.
2. That the "Swap Meet" be held no more than one day per
month.
3. That only members of the Oxford Seniors Club be allowed
to sell their goods at the "Swap Meet".
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
13. PUBLIC HEARING CONDITIONAL USE PERMIT PCC 86-24M: REQUEST
TO EXTEND THE DEADLINE TO VACATE AN
EXISTING AUTO RECYCLING YARD LOCATED AT
128 MACE STREET MARY REED (Continued
from meeting of April 28, 1987) (Director
of Planning)
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Director of Planning Krempl explained that on April 28, 1987, the
City Council considered a time extension request for the subject
property. The matter was continued for two weeks so as to clarify
the motion of the Montgomery Planning Committee and have a member
present at the Council meeting.
On May 6, 1987, the Montgomery Planning Committee reaffirmed that
their actions of April 1, 1987 had been to fully abate the use by
June 30, 1987 (this was clearly predicated however on Council's
May 1986 action that the land use should be terminated at this
location). Upon further reconsideration, the Montgomery Committee
indicated support for their original position on the scrap yard;
that is, that the use be continued for a maximum of two years or
60 days from the adoption of the Montgomery Specific Plan
whichever comes first and subject to customary City improvement
requirements.
City Council Minutes - 7 - May 12, 1987
Staff recommended one of the following two options:
1. Approve a time extension to June 30, 1987 at which time
the scrap yard use shall be removed from the premises, or
2. Grant a time extension to August 12, 1987. Direct the
applicant to pay the requisite fees and file for a
modification of his conditional use permit application by
May 26, 1987. This would allow for proper legal notice
of the modification request, consideration of any
additional environmental assessment and a review of
appropriate improvement conditions to be applied.
Councilwoman McCandliss questioned what the unique circumstances
were on this application that required it to be terminated June 30
as opposed to the others that will go on to a time after the
Specific Plan is approved.
Nancy Palmer, Chairman of the Montgomery Planning Committee,
presented slides showing the property in question. She noted the
slides were taken that morning showing dismantled automobiles
outside the fenced-in area and automobiles piled high so it could
be viewed over the fence area.
Mrs. Palmer gave the background as to this particular use noting
that in April of 1986 the Montgomery Planning Committee outlined
conditions which were presented to the Planning Commission.
Following that the applicant appealed the conditions and the
Council granted an. extension time to December 31, at which time
they were to cease operations. In November they requested 3
months extension, which was again granted by the City Council.
Subsequent to that time, their attorney asked for another
extension and this was granted to June 30, 1987.
Mrs. Palmer stated that this property has been operated under this
use now for over 12 months without any conditions. Some of the
conditions imposed were that they were to keep their fence in good
repair; store their cars below the fenced area and no dismantled
cars were to be on the street outside their property.
Don Lindberg, 4201 Bonita Road, Attorney for the Chula Vista
Recycling Plant, stated that at the times he visited the area and
made observations there were no dismantled cars outside of the
area and it was kept in a clean condition. He stated that the
slides do not represent the conditions as they occur on a daily
basis.
City Council Minutes - 8 May 12, 1987
Attorney Lindberg added that the majority of the Montgomery
Planning Committee members did not vote to extend it to June 30,
but voted to extend it for 2 years, or 60 days beyond the adoption
of the Specific Plan. He added that his client is eager and
willing to work with the City to meet any conditions imposed.
Councilman Malcolm noted there was to be a good faith effort on
the part of the owners to find another location for their
operation but this has not occurred. Councilman Malcolm then
questioned Mrs. Palmer as to whether or not the Montgomery
Planning Committee would be willing to take another look at this
matter with imposing conditions such as installing landscaping,
repairing the fence, observing setbacks, paving the street,
putting in curbs, gutters and sidewalks.
Mrs. Palmer stated that the Committee would be willing to consider
any matter directed by Council.
Attorney Lindberg asked that the extension date to meet this
requirement be August 12, the date recommended by the Planning
Commission, rather than the June 30 date recommended by the
Montgomery Planning Committee.
Councilman Malcolm stated he would prefer to see the June 30
-I, deadline, have the applicant go through the Montgomery Planning
Committee, and if they feel the date should be extended, they
could make this request at that time.
Mr. Paul Greene, Sr., 141 Lotus Drive, Chula Vista, testified that
Council should seriously consider two things: (1) how much more
space will be required for the scrapyard if they had to spread the
cars through their area rather than piling them up and; (2) the
cars that were depicted on the slides as outside of the fenced in
area were ones that probably were put there over the weekend and
the scrapyard was closed on Sunday.
There being no further testimony either for or against, the public
hearing was closed.
Councilwoman McCandliss stated it would be appropriate to set the
June 30 deadline as the clean-up point for the more blatant
areas. She too visited the area over the weekend and noted there
were dismantled cars outside the fenced area.
Councilman Moore commented he observed this location 2 weeks ago
and there were no junk cars outside the fenced area. The
operations change from day to day; anyone can take a hulk out
there and leave it; that particular burden should be taken off
City Council Minutes 9 - May 12, 1987
that managers shoulders since he doesn't have the authority to
stop anyone from leaving their cars there; this operation could be
a "friend to the City" by removing abandoned vehicles off the
streets.
Director of Planning Krempl noted that the resolution does contain
conditions for the public improvements.
MSUC (Malcolm/McCandliss) to approve the time extension to June
30, 1987 and allow the applicant to 9o back to the Montgomery
Planning Committee and through the process if they so choose,
otherwise the operation will expire on June 30, 1987.
14. PUBLIC HEARING BLOCK GRANT APPLICATIONS FOR 1987-88
PROGRAM YEAR (Community Development
Director)
RESOLUTION APPROVING BLOCK GRANT APPLICATION AND
ASSOCIATED DOCUMENTS FOR 1987-88 PROGRAM
YEAR
Mayor Cox noted that Councilman Nader was at a meeting with
Southwestern College Board and had requested this item to be
trailed pending his arrival.
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15. PUBLIC HEARING NATURE INTERPRETIVE CENTER FLAGPOLE
COASTAL DEVELOPMENT PERMIT' (Community
Development Director)
RESOLUTION 13027 AUTHORIZING THE ISSUANCE OF A COASTAL
DEVELOPMENT PERMIT TO THE CITY OF CHULA
VISTA REDEVELOPMENT AGENCY FOR THE NATURE
INTERPRETIVE CENTER FLAGPOLE PROJECT
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
The Redevelopment Agency of the City of Chula Vista, lessee of the
Nature Interpretive Center property on Gunpowder Point, would like
to install a 30-foot flagpole designed with a crosspiece to
facilitate flying three flags, a 12-foot by 3-foot concrete access
path, and a 7-foot diameter pad on the Nature Interpretive Center
site. On May 7, 1987, the Redevelopment Agency adopted Negative
Declaration IS-87-48 on the flagpole project.
The recommendation was that the City Council find that the
proposed Nature Interpretive Center flagpole project is consistent
with and adequate to carry out the policies of the certified Chula
Vista Bayfront Local Coastal Program and issue a Coastal
Development Permit for said project.
City Council Minutes lO - May 12, 1987
The cost to the Redevelopment Agency to implement the flagpole
project is estimated at $3,600.
RObin Putnam, Principal Community Development Specialist, stated
that she called the Department of Fish & Game and informed them
that the flagpole would be installed behind the Interpretive
Center and removed from the marsh; so now they have no specific
concern about this location.
There being no testimony either for or against, the public hearing
was closed.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
(Councilman Nader out.)
16. PUBLIC HEARING NATURE INTERPRETIVE CENTER SECURITY
F. ENCING AND SECURITY GATE COASTAL
DEVELOPMENT PERMIT (Community Development
Director)
RESOLUTION 13028 AUTHORIZING THE ISSUANCE OF A COASTAL
DEVELOPMENT PERMIT TO THE CITY OF CHULA
VISTA REDEVELOPMEHT AGENCY FOR THE
INSTALLATION OF SECURITY FENCING AND A
SECURITY GATE FOR THE NATURE INTERPRETIVE
CENTER
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
The City of Chula Vista Redevelopment Agency, lessee of the Nature
Interpretive Center property on Gunpowder Point, would like to
install security fencing and a security gate for the Nature
Interpretive Center. The security fencing and security gate for
the Nature Interpretire Center are exempt from environmental
review under CEQA pursuant to Section 15303 Class 3(e).
The recommendation is that the City Council find that the proposed
Nature Interpretive Center security fencing and security gate are
consistent with and adequate to carry out the policies of the
certified Chula Vista Bayfront Local Coastal Program (LCP) and
issue a Coastal Development Permit for said project.
The cost to the Redevelopmerit Agency to install the Nature
Interpretire Center security fencing and security gate is
estimated at $24,266.
Principal Community Development Specialist Putnam explained there
would be three separate gates installed and noted the locations.
City Council Minutes - ll May 12, 1987
In answer to Councilman Moore's concern that a gate be installed
at the causeway, Ms. Putnam stated the specific locations of the
gates were selected to prevent people from going into the marsh
and tearing it up.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously. (Councilman Nader out.)
17. PUBLIC HEARING SOUTH LEVY ROAD REPAIR AND MAINTENANCE
COASTAL DEVELOPMENT PERMIT (Community
Development Director)
RESOLUTION 13029 AUTHORIZING THE ISSUANCE OF A COASTAL
DEVELOPMENT PERMIT TO THE CITY OF CHULA
VISTA REDEVELOPMENT AGENCY FOR THE REPAIR
AND MAINTENANCE OF THE SOUTH LEVY ROAD
This being the time and place as a~vertised, Mayor Cox declared
the public hearing open.
The Redevelopment Agency of the City of Chula Vista would like to
undertake repair and maintenance of the south levee road that
connects the Midbayfront to Gunpowder Point. The proposed repair
_. and maintenance of the south levee road was designed to provide
all-weather access to the Nature Interpretive Center for emergency
vehicles and shuttle buses. The goal of the project is to repair
the road prior to the public opening of the Nature Interpretive
Center on July 4, 1987, while minimizing the potential
environmental impacts. This project is exempt from review under
CEQA pursuant to Section 15301 Class l(c).
The recommendation was that the City Council find that the
proposed south levee road repair and maintenance is consistent
with and adequate to carry out the policies of the certified Chula
Vista Bayfront Local Coastal Program (LCP) and issue a Coastal
Development Permit for said repair and maintenance.
The cost to the Redevelopmerit Agency to implement the south lev6e
road repair and maintenance work is estimated at $24,960.
Principal Community Development Specialist Putnam noted the letter
from Fred Worthly, Regional Manager, Department of Fish and Game,
in which he stated that because the ownership of the land on which
the project is proposed is under dispute, he recommends that no
construction be undertaken until the ownership is resolved. He
further stated that they believe the project may have negative
impact on the Light-footed Clapper Rail which inhabit the Marsh
and requested that the application be denied.
City Council Minutes - 12 May 12, 1987
Ms. Putnam stated that he has not reviewed the plans or the
mitigation for this particular project. He is suggesting that it
may have an effect on the Light-footed Clapper Rail. She added
that the letter from Mr. Worthly does not preclude the Council
from taking any action on this resolution.
There being no testimony either for or against, the public hearing
was closed.
At this time Councilman Nader came to the meeting 8:11 p.m.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved with Councilman
Nader abstaining.
Councilwoman McCandliss asked Ms. Putnam to follow up and get a
reply back from the Department of Fish and Game rescinding this
particular letter sent to the Council tonight. Ms. Putnam noted
that she will provide the evidence to them and try to get them to
withdraw their comments; however, she cannot assure Council that
they will do that and staff may have to wait 6 months to get a
reply from them.
It was moved by Councilwoman McCandliss that staff continue to
-, work with the Department of Fish and Game for a full review of
this particular repair and maintenance Coastal Development Permit
of the south levee road for a final response.
The motion died for lack of second.
14. PUBLIC HEARING BLOCK GRANT APPLICATIONS FOR 1987-88
PROGRAM YEAR (Community Development
Director)
RESOLUTION APPROVING BLOCK GRANT APPLICATION AND
ASSOCIATED DOCUMENTS FOR 1987-88 PROGRAM
YEAR
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Assistant Community Development Director Gustafson explained the
process to the Council stating that under the Community
Development Block Grant Program, the City is entitled to $865,000
in FY 1987-88. Proposals have been solicited for projects
eligible for funding under the Block Grant regulations and a
1987-88 Block Grant program is recommended.
T m"l T
City Council Minutes 13 May 12, 1987
Staff is recommending approval of the following to be submitted to
HUD for evaluation:
1. 1987-88 Program Year Block Grant Application. (Section
IIA)
2. Certifications (Section IIB)
3. Program Year Statement of Community Development
Objectives (Section IIC)
4. Program Year Community Plan (Section IID)
5. Program Year Relocation Plan (Section IIE)
6. Project Descriptions (Section IC)
Block Grant funds in the amount of $893,264.25 will finance the
approved projects, of which $865,000 is the 1987-88 entitlement
amount and $28,264.25 is excess or reprogrammed funds from
previous years. No general funds will be involved.
Presentations were made as follows:
1. James H. Johnson, 424 Stoneridge Court, Bonita 92002,
speaking on behalf of the South Bay Pioneers noted the
cost of the improvements to "C" Street as associated with
their plans to construct 18 units. Their commitment
would be from $30,000 to $50,000 and asked Council's
approval of the funds.
2. Evelyn L. Gillespie, 4052, Main Street, Chula Vista
92011, speaking on behalf of the Woodlawn Park Civic
League and Community Center noted the areas they service
and the programs. She stated funds are need to repair
the Community Center and for equipment. They requested
$34,000 and Staff recommendation is for $18,000.
3. Gloria Gillespie, 4052 Main Street, Chula Vista 92011,
representing the Woodlawn Park Community Center noted
their fund raising programs that continue to support the
Center. She asked that Council support their requested
funds.
4. Phil Scheuer, 1319 Costa Avenue, Chula Vista 92011,
representing Woodlawn Park Community Center stated the
$18,000 recommended by staff will take care of utilities
and insurance only and it would not be monumental to the
restoration of the Center.
5. Anne Fabrick, 324 "C" Street #191, Chula Vista 92011,
representing the Human Relations Commission stated that
most of these programs were reviewed by the Human
Relations Commission and the Commission on Aging. Some
of the programs they recommended for funding were not
City Council Minutes - 14 - May 12, 1987
approved by staff and others that were not recommended by
their Commission, staff did approve. One of them was the
San Diego Resident Relation. In their review of this
operation they found that it serves more people in San
Diego than in Chula Vista.
Mrs. Fabrick noted that one of the programs recommended
by the Human Relations Commission was the Del Rey High
School Nutrition Program; however, there is no money
recommended by Staff.
Councilman ~lalcolm indicated one of the requirements was
that they get documentation of proof of need from the
seniors using that program.
6. Maxine Whittington, Chula Vista, representing the South
County Council on Aging and Shared Housing noted the two
full time paid staff people and the volunteers who run
this program. Out of the $18,000 as recommended by the
City, $13,000 would go toward salary.
7. Nora H. Sears, 1142 Nolan Avenue, Chula Vista 92011,
representing Jobs for Youth, stated her request was for
$2,800 which would pay partly for salary, and office
supplies and advertising. This was cut down to $2,500 by
staff.
Community Development Specialist LoBue explained that the
$2,500 recommended by staff is $500 more than what the
Jobs for Youth received last year.
Mayor Cox asked if any consideration was given by staff
to placing this operation with another one such as shared
housing as a joint usage of office space and operations.
Assistant City Manager Asmus stated that it does make
sense and staff will look into this.
8. Dr. Gail Edwards, representing YMCA Family Stress Center,
stated they serve the abused children and their
families. Presently, they are treating 60 individuals
from Chula Vista - all from low income families.
Director Gustafson noted that 11% of their clientele are
from Chula Vista.
City Council Ninutes - 15 May 12, 1987
9. Helen Stokes, 1543 Max Avenue, Chula Vista 92011,
representing Meals on Wheels, noted the additional trips
they are making into the Montgomery area; explained the
expenses i nvol ved and noted they were sponsored by the
Commission on Aging, the Chula Vista Women's Club and
Crafty Quilters.
10. Frank Landerville, 655 Fourth Avenue #36, San Diego
92101, representing Regional Task Force on the Homeless,
said this Task Force was formed two years ago and is
focusing attention on low cost housing in the San Diego
region. The money would be used for further studies
concerning the homeless program; they are requesting
$12,500 from the City Council; Hands Across America gave
them $25,000; they are attempting to establish a South
Bay Coalition in Chula Vista; staff is recommending
O0
$7, O.
Director Gustafson declared there are 25 to 30 homeless
families in Chula Vista.
Councilwoman McCandliss stated she is not sure of this
particular need and has concerns about this request for
the funding. They have no specific plan or direction and
_, this Council is asking to come in on the ground floor.
Councilman Malcolm questioned how this particular Task
Force is different from Father Carroll's St. Vincent de
Paul which is a $9 million establishment opening up in
San Diego to house the homeless.
Mr. Landerville stated that Father Carroll is offering
direct service to these people and will be housing 250
per month. The Task Force is taking a regional
perspective noting that there has been Federal
legislation of $450 million to be distributed throughout
the nation for the homeless and he is not sure how much
of this money will come to San Diego.
ll. Diane Nissen, 1405 Nacion Avenue, Chula Vista 92011,
representing Lutheran Social Services, said $7,000 is
being recommended which will enable them to hire a person
to develop the material resources to open a shelter in
this particular area for the homeless. She added that
the South Bay is the only area in the County that does
not have a shelter.
Councilwoman McCandliss noted the need for the homeless
is crisis housing; however, she doesn't know what the
City Council will be getting for the money being
City Council Minutes 16 - ~ay 12, 1987
allocated. In order to hire a coordinator for the entire
South Bay, then National City, Imperial Beach and
Coronado should also be involved in the funding.
Mr. Landerville stated that the shelter being discussed
for the South Bay is not in the magnitude of St. Vincent
de Paul. This shelter will be for 20 beds which will be
adequate to serve the people in this area. There is
money in the Federal Fund and someone needs to be hired
to apply for those funds.
12. Sharon Johnson, loll Camino del Rio South #201,
representing the San Diego Resident Relations
Foundation. She stated that they have just recently been
involved in landlord/tenant negotiations for the La
Fontana Apartments directly across the street from the
Civic Center and continue to work with all low-income
people.
A break was called at 9:40 p.m. and the Council reconvened at
9:50 p.m.
13. Nancy Hitchcock, 761 Guava Avenue, Chula Vista,
representing the South Bay Adult Day Health Care. She
stated she was there to answer questions and requested
approval of their funding.
14. M. Jean Serafy, Director of the Otay Community Clinic.
It was noted that Ms. Serafy had to leave the meeting,
but presented her comments to the City Clerk which
request was for $11,000 to provide space for services and
a part-time receptionist. Ms. Serafy noted with the
County Senior Aide as a receptionist the request was
reduced to $5,500. They offer services to drug and
alcohol abuse counseling and County mental health
homeless counseling.
15. Maggie Helton, 162 Mankato Street, Chula Vista,
representing the Commission on Aging spoke in support of
the Woodlawn Park Community Center funding and the Del
Rey Nutrition Program.
16. Paul L. Green, 141 Lotus Drive, asked that the
temporarily closed Woodlawn Park local fire station be
reopened as a Chula Vista fire station outpost or an
emergency vehicle outpost and that it be done as a
memorial to Will and Menzie Wallace who was the past Fire
Chief and his wife; and that rental houses be constructed
on the vacant land next to the community park center.
City Council Minutes 17 - May 12, 1987
17. Bill Ayres, 44 E. Mankato St., representing San Diego
County United Veterans Council. He asked that the
Council consider their request for the $200,000 for
renovation of the American Legion Post building.
There being no further testimonies for or against, the meeting was
declared closed.
Councilman Moore commented on the start of the Chula Vista
Informational Center six years ago, which funding was split 50/50
by the County. He reiterated that it is the County's
responsibility to provide social services since the taxes go to
the County and they are the conduit for State and Federal funds.
Councilwoman McCandliss agreed that the County does share some of
the responsibility to provide social services, but she can see the
great need of the services in the County and can support funding
groups that provide the basic direct services to the residents of
Chula Vista. She suggested a continuation of one week so that the
Council can review all the material and testimony presented to
them this evening.
MSC (McCandliss/Malcolm) to continue the public hearing for one
week to allow the City Council to review the reports and testimony
in order to make a final decision.
18. ORAL COMMUNICATIONS
Robert Hitchcock, 306 Spruce Street, Chula Vista. Mr. Witchcock
presented petitions signed by 80 residents of the Flair Annex
neighborhood objecting to a child day care center which is
proposed to be located in their neighborhood. Mayor Cox explained
that the petition should be submitted to the Planning Commission
since the applicant must apply for a conditional use permit and it
may or may not come to the Council depending on whether it is
appealed. Director of Planning Krempl noted the staff has had
preliminary talks with the applicant, but no application has been
filed to date. Mr. Hitchcock presented the petitions to the City
Clerk.
3. WRITTEN COMMUNICATIONS
a. REQUEST TO CONCEPTUALLY ENDORSE INITIATIVE TO PROTECT PARK &
WILDLIFE & RAISE MONEY FOR COLLECTION OF SIGNATURES Buck
Bennett, Vice Chairman, P.O. Box 19553, San Diego 92119
Councilman Malcolm stated he did not agree with the recommendation
of the City Manager, since he is not sure how much money is left
in the Coastal Conservancy bonds. He declared a higher priority
would be to sponsor more prisons and jails. The voters are not
going to be approving more bonds and questioned how much more
City Council Minutes 18 - May 12, 1987
taxes will be thrown to the voters that the Council is asking them
to support. Councilman Nader noted that the City Manager's
recommendation was that a resolution be placed on the May 19
agenda for Council consideration.
MSC IMoore/Malcolm) to file this item. Councilmembers McCandliss
and Nader voted no. Mayor Cox noted a Senate Bill (Presley) which
will be placed on the ballot either in June or November 1988 as a
bond issue. Earmarked within that bond issue may be some funds
for a park in the Otay River Valley. He is not sure about this
particular bill for the $500 million which may be a conflict. He
wants to make sure that they are covered in that particular bill.
b. REQUEST FOR RESPONSE TO VARIOUS CONCERNS RAISED AT PREVIOUS
COUNCIL MEETINGS - Paul Greene, Sr., 141 Lotus Drive, Chula
Vista CA 92011
Mr. Greene stated he would like to discuss this matter with the
Council in Closed Session since he is going to be naming names and
he doesn't want to do this in public and be wrong. Attorney
Harron stated the matter was not one of Closed Session and would
be a violation of the Brown Act. Mr. Greene stated one charge is
that the Council voted against the Rumford Fair Housing Act.
Councilman Nader noted that this Act was passed in 1964 at which
time he was still in elementary school and not on the City Council
as were none of the present members. Mr. Greene declared that
this Council inherits all the rights and wrongs of previous
Councils and that they have done other things since that time. He
noted his complaint against the City's Health Inspector, stating
she asked for a trailer to be moved by one of his neighbors. This
neighbor blamed him for calling the City and, therefore, he
(Greene) was temporarily subjected to psychological stress. That
trailer is now back a9ain on the premises and those children are
suffering because they had to move into a house and this
particular matter needs to be investigated.
MSUC (Cox/Moore) to move on the staff recommendation that this
referred to staff for preparation of written responses. Mr.
Greene declared he will be taking the Mayor/Council to Small
Claims Court and demanded $2.00 so that he can tell the Judge the
Council was wrong. Councilman Malcolm presented Mr. Greene with
$2.00. Councilman Nader stated for the record that "a settlement
is an admission of nothing."
City Council Minutes - 19 - May 12, 1987
6. RESOLUTION APPROPRIATING FUNDS FROM THE
UNAPPROPRIATED BALANCE OF THE EASTLAKE
ASSESSMENT DISTRICT 86-1 IMPROVEMENT FUND
(Director of Public Works/City Engineer)
In July 1986, EastLake Assessment District 86-1 was formed by the
City to acquire certain improvements to the "Hills and Shores"
area of the EastLake Development under the 1913/15 Acts of the
Streets and Highway Code. These improvements consisted of sewer,
drainage, water and street facilities. The subject of this
resolution relates to water facility improvements.
A series of agreements were executed by the City, Otay Water
District and EastLake Development Company to assure that the Otay
Water District would be the ultimate owner of the water facilities
and be reimbursed for their costs associated with the
construction/inspection of these facilities.
The Otay ~later District has submitted an invoice or payment of
expenses they incurred to complete the inspection and
administration of the Assessment District work.
There is no cost to the City. The recommendation is to
appropriate $88,824 from the unappropriated balance of the
EastLake Assessment District 86-1 Improvement Fund as follows:
TO ACCOUNT NO. AMOUNT SOURCE OF FUNDS
625-6250-5201 $23,424.00 Investment Earnings on Bond
proceeds
625-6250-5569 65,000.00 Otay Water District cash
contribution
Total Appropriation $88,424.00
Mayor Cox stated that he has been informed by the City Attorney
that he does not have any conflict of interest in this matter,
however, until he receives a response from from the Fair Political
Practices Commission on his disclosure statement, he is going to
abstain.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text
was waived by unanimous consent, passed and approved with Mayor
Cox abstaining.
City Council Minutes 20 - May 12, 1987
8. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE STATE OF CALIFORNIA
AND THE CITY OF NATIONAL CITY FOR THE
CONSTRUCTION OF DOUBLE LEFT TURN LANES AT
1-805 AND BONITA ROAD AND APPROPRIATING
FUNDS THEREFOR (Director of Public
Works/City Engineer)
On February 4, 1986, the City Council approved Resolution 12365
approvin9 the project for construction of double left-turn lanes
at 1-805 and Bonita Road, and appropriated $25,000 from the
Traffic Signal Fund to cover the city's share of the project.
Since that time', CalTrans has revised the project cost estimate
and has prepared the attached cooperative agreement specifying the
terms and conditions under which the project is to be engineered,
constructed, financed and maintained.
It was recommended that Council execute Cooperative Agreement No.
11-0363 and appropriate additional funding of $17,000 from the
traffic signal fund for Bonita Road/I-805 signal modifications.
City's share of the cost to install the improvements is estimated
to be $42,000.
Mayor Cox stated that he has concerns after reading the staff
report that the improvements will be started after the first of
the year. This is a high priority and he talked to Mr. Bill
Dodson, head of Public Works in the County, to see if the City
could receive some assistance to get this moving forward so that
it will be completed before Christmas. Mr. Dodson indicated he
will do whatever he can to see that the project is completed
before Thanksgiving. Since Chula Vista is one of three parties
involved, the Mayor talked to the Mayor of National City to see of
they could get their $18,000, but they indicated they could not
come up with this money right now. The Mayor suggested that Chula
Vista budget the entire amount and then can get reimbursed by
National City at the time they budget their funds. Director of
Public Works/City Engineer Lippitt noted the two months it takes
to get on the CalTrans docket and the total amount of $37,000
needed at this time for Chula Vista and National City's share.
Councilman Malcolm suggested an appropriation of $40,000. Any
money over that could come back to the City.
MSUC (Malcolm/Moore) to amend the resolution to appropriate the
amount of $40,000.
RESOLUTION OFFERED BY MALCOLM AS AMENDED, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
City Council Minutes 21 - May 12, 1987
9a. ORDINANCE 2204 ADDING CHAPTER 9.09 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO LOITERING -
SECOND READING AND ADOPTION (City
Attorney)
b. ORDINANCE 2205 AMENDING SECTION 9.15.010 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO OPEN
CONTAINERS SECOND READING AND ADOPTION
(City Attorney)
The first ordinance establishes the enforcement of a new
infraction violation for loitering rather than a misdemeanor.
The second ordinance amends existing Municipal Code Section
9.15.010 by adding language to prohibit the actual consumption of
alcoholic beverages and possession of open containers on any
public street, sidewalk, parkway, public parking lot or
semi-public parking lot, as the latte~ is defined in the ordinance.
The ordinances were placed on first readin9 at the meeting of May
5, 1987.
Councilman Nader suggested that the City attorney bring back an
amendment to the ordinance making this an optional misdemeanor or
an infraction.
The ordinance was placed on second reading {Moore/Malcolm), 5-0
MOTION (Nader/Malcolm) to direct the City Engineer to bring back
an amendment to Ordinance 2204 making the violations of that
ordinance infractions or misdemeanors.
19. REPORT OF THE CITY MANAGER
a. City Manager Goss asked that the Council continue the Closed
Session item of Government Code Section 54947.6, Instructions
to Negotiators to the next meeting, May 19, and begin the
Session at 6:30 p.m. Councilman Malcolm reminded the City
Manager that this was a previous direction by the Council.
b. City Manager Goss discussed the budget sessions and the
schedule as submitted by the City Clerk noting the times that
the Council would not be present. He stated he will give an
overview of the budget next Thursday, May 21, at 4:00 p.m. at
which time the Council will also be meeting as the
Redevelopment Agency and having a joint meeting with School
District representatives regarding the Boys Club.
City Council Minutes 22 - May 12, 1987
20. MAYOR'S REPORT
Mayor Cox commented that Deputy City Manager Morris met with
Maggie Potter, Coordinator for San Diego League Programs.
They will schedule the first meeting of the League and the
opening session at the Interpretive Center on September 10,
1987.
21. COUNCIL COMMENTS
a. Councilman Malcolm stated the legislative report was presented
to the Council for information.
b. Councilman Malcolm directed that the City Manager to ask
Homart for another two-day extension from June 2 to June 4 for
their meeting since he will be out of town on June 2.
c. Councilman Malcolm suggested the City Council adopt a policy
or rules regarding individual requests coming to the Council
involving a great deal of staff and Council time.
d. Councilwoman McCandliss referred to the direction of the City
Council at the last meeting to the Legislative Committee to
make a report and recommendations on the accountability of the
- Parole Board, specifically as it pertained to the Singleton
affair. She noted the letter from the Mayor of San Jose
asking for the City Council support of their legislation
regarding the same matter. She asked that this also be
forwarded to the Legislative Committee.
e. Councilwoman McCandliss commented on the Port Commission
travel which has been publicized recently for the second year
in a row. Councilman Malcolm stated that Commissioner
Wilshimer proposed that a new tpavel policy which will require
documentation from each Commissioner. They will not be able
to go first class; will not get any reimbursement without
receipts and will have a smaller travel budget.
MSUC (McCandliss/Malcolm) that the City Council receive a copy of
that proposed policy for review and that it again be placed on a
Council agenda for whatever comments or direction the Council may
wish to give to their Port Commissioner on the eventual adoption
of the travel policy.
f. Councilman Nader asked for a Legislative Committee report on
specific bills in the area of reform. Councilman Nader said
he will present this at the next meeting.
T l'l ~
City Council Minutes 23 May 12, 1987
g. Councilman Nader reported that he attended the meeting of the
Southwestern Community College Board this evening and they
granted an extension of time to September to the City Council
to reconsider whether or not they wish to have a botanical
garden at the college area.
Attorney Harron stated that on Friday, he was informed the Council
will have to go into Closed Session on Sierra vs. Marsh.
MSUC (Cox/Malcolm) to go into Closed Session to discuss Sierra vs.
Marsh
MSUC (Nader/Malcolm) to go into Closed Session to discuss the
Sierra vs. Coastal Commission and potential litigation.
Mayor Cox asked Deputy City ~anager Morris for a report on AB 1037
to be presented to the City Council within the next two weeks or
so.
The Council recessed to Closed Session at 11:15 p.m. The City
Clerk was excused and the City Manager reported the meeting ended
at 12:05 a.m.
ADJOURNMENT at 12:05 a.m. to the regular meeting of May 19, 1987,
-I, at 6:00 p.m.
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