HomeMy WebLinkAboutcc min 1987/05/19 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, May 19, 1987 Council Chamber
7:30 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers Nader, Moore,
McCandliss, Malcolm
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, City Attorney Harron
Mayor Cox apologized to the audience for the delay in starting the
meeting and explained that the Council had been in a Closed
Session.
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 None.
Mayor Cox announced the untimely and unfortunate death of June
Campbell, wife of former Councilmember Bob Campbell. He expressed
the Council's sympathies to Mr. Campbell and his family in their
time of grief.
2. SPECIAL ORDERS OF THE DAY None.
CONSENT CALENDAR (3a - 12) Items pulled: 3a, 4, 6, 10
MSUC (Malcolm/Cox) to approve the Consent Calendar.
3. WRITTEN COMMUNICATIONS
a. REQUEST TO PRESENT "FAIREST OF THE FAIR" AT JUNE 9, 1987
MEETING - Therese Correia, Special Events, Del Mar Fair,
Southern California Exposition, Del Mar, CA 92014-2216
Pulled from Consent Calendar.
b. LETTER OF RESIGNATION FROM BOARD OF APPEALS & ADVISORS -
Richard J. Boget, 3532 Meade Avenue #15, San Diego 92116
MSUC (Malcolm/Cox) to accept this resignation with regret and a
letter of appreciation be sent to Mr. Boget.
Minutes - 2 - May 19, 1987
c. REQUEST FOR CITY PARTICIPATION IN "COASTWEEK" Michael
Wornum, Chairman, California Coastal Commission, 631 Howard
Street, 4th Floor, San Francisco, CA 94105
MSUC (Malcolm/Cox) for the City to participate in "Coastweek" and
"Coastal Clean-up Day."
d. REQUEST TO REZONE THE OTAY RIVER DELTA - Mrs. Magali Curtis,
President, Rancho de la Playa H.O.A, 2716 Subol Court, San
Diego, CA 92154
MSUC (Malcolm/Cox) that a letter be sent to the Rancho de la Playa
H.O.A. indicating the City's ongoing review of this and other
property within the City of Chula Vista as part of the General
Plan study, and inviting interested parties to express their
opinions at any public forum that will impact the land use of the
land in which they are interested.
e. REQUEST FOR CONTRACTUAL AGREEMENT FROM CITY FOR CHAMBER TO
PROVIDE INFORMATION SERVICES TO THE PUBLIC - Chamber of
Commerce, 233 Fourth Avenue, Chula Vista 92010
MSUC (Malcolm/Cox) to refer this letter to budget workshop
pertaining to Community Promotion and that the Chamber be notified
of the date and time of this workshop.
4. RESOLUTION APPROVING AN UNCONTROLLED EMBANKMENT
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND JOHN AND ELVI PARTEE, JOHN VOLLAND,
REMEDIOS ASTROLOGO AND GERALD AND FETIE
TAGGART AND AUTHORIZING THE MAYOR TO
EXECUTE THE SAME (Director of Public
Works/City Engineer)
Pulled from Consent Calendar.
5. RESOLUTION 13032 ACCEPTING EASEMENTS FOR STREET PURPOSES AT
THE SOUTHWEST CORNER OF BROADWAY AND
FLOWER STREET AND THE SOUTHEAST CORNER OF
JEFFERSON AVENUE AND FLOWER STREET
(Director of Public Works/City Engineer)
On November 25, 1985, the Engineering and Planning Departments
conditionally approved Tentative Parcel Map 86-5 for a proposed
project located at the southwest corner of Broadway and Flower.
Easements for street purposes at the northeast and northwest
corners of the parcel were required and are now before Council for
acceptance. The easements for street purposes have been executed
and properly notarized.
Minutes - 3 - May 19, 1987
6. RESOLUTION APPROVING THE TEMPORARY CLOSURE OF THE
PUBLIC ALLEY WEST OF LANDIS AVENUE FROM
DAVIDSON TO "F" STREET (Director Of Public
Works/City Engineer)
Pulled from Consent Calendar.
7. RESOLUTION 13033 APPROVING EXTENSION OF CONTRACT TIME FOR
THE EASTLAKE ASSESSMENT DISTRICT 85-2
PROJECTS (Director of Public Works/City
Engineer)
On April 14, 1987, the City Council by Resolution No. 12979
approved an extension of contract time for the four projects
contained in the EastLake Assessment District 85-2. The four
contracts were extended to May 15, 1987, due to a delay in the
delivery of a telemetry cable to be installed by each contractor.
The cable arrived during the last week of April; however, it was
not color-coded as specified and required by the Otay Water
District. According to the manufacturer of the cable, replacement
cable cannot be delivered until the second week in June 1987. The
Otay Water District recommended a contract time extension for the
projects to July 31, 1987. Extending the contract times an
additional month will allow the contractors to be able to correct
any problems that may arise with the replacement cable.
8. RESOLUTION 13034 AUTHORIZING EXPENDITURE OF UP TO $1500
FROM COUNCIL CONTINGENCY FOR PURCHASE OF
ADDITIONAL 75TH ANNIVERSARY MEDALLION
(Director Of Finance)
At its meeting of May 5, 1987, Council directed staff to return
with a resolution authorizing the expenditure of up to $1500 from
the Council contingency fund to purchase an additional 75th
Anniversary Medallion to be displayed at the Chula Vista Public
Library. During the City's 75th Anniversary Celebration, the 75th
Diamond Anniversary Committee purchased and donated to the City a
medallion for display at the Nature Interpretive Center. The
purpose of this resolution is to authorize the purchase of a
second medallion for display at the Library.
9. RESOLUTION 13035 RESOLUTION APPROVING AGREEMENT WITH
ACCOUNTING FIRM OF TOUCHE ROSS FOR
AUDITING SERVICES (Director of Finance)
At its May 12, 1987 meeting, the Council approved staff's
recommendation to accept the proposal of Touche Ross to provide
auditing services to the City and the Redevelopment Agency. Staff
was directed to return with the required agreement for approval by
the Council. The agreement has been prepared and executed by
Touche Ross and is ready for Council approval.
Minutes - 4 - May 19, 1987
10. RESOLUTION GRANTING A WAIVER OF ADDITIONAL
RESIDENTIAL CONSTRUCTION TAX TO BONITA
LONG CANYON PARTNERSHIP FOR BONITA LONG
CANYON UNIT 2 THROUGH 7 FOR PARK
IMPROVEMENTS (Director of Parks and
Recreation)
Pulled from Consent Calendar.
11. ORDINANCE 2207 APPROVING AND ADOPTING THE AMENDED TOWN
CENTRE II REDEVELOPMENT PLAN FOR THE TOWN
CENTRE II REDEVELOPMENT PROJECT AREA -
SECOND READING AND ADOPTION (Community
Development Director)
At the joint meeting of the City Council/Redevelopment Agency on
May 7, 1987, each body approved resolutions necessary for approval
of the amendment to the Town Centre II Redevelopment Plan to allow
the Agency to collect tax increments. In addition, the City
Council had a first reading of an ordinance approving and adopting
the amended Town Centre II Redevelopment Plan as required by State
Law. The Council is now requested to have a second reading and
approve the ordinance.
12. REPORT ON 12' UTILITY EASEMENT WITHIN THE NORTH
SIDE OF THE 100 BLOCK ON EAST OXFORD
(Director of Public Works/City Engineer)
At the Council meeting of January 27, 1987, staff recommended that
an encroachment permit be approved for Mr. Angel Sanchez at 117
East Oxford to maintain a retaining wall within a utility easement
at the rear of the property. Council referred the matter back to
staff to consider the vacation of the easement for the entire
block and further directed staff to prepare a report on this
matter.
The utility easement lies within the'Judson Subdivision Unit 1 &
Unit 2. There are 30 property owners affected. The fee for the
vacation of a public easement upon a certain parcel would be
$1,190 for each property owner. City Engineer Lippitt reported it
is unlikely that each property owner would be willing to pay the
$1,190 fee and apply for a vacation inasmuch as there is
apparently no immediate need to do so. The easement has not been
used since its inception in August 1958, and a field inspection
reveals no existing utilities present. Staff has contacted the
utility companies regarding a possible vacation of the easement
and are awaiting response. In accordance with Section 8333(a) of
the Streets and Highways Code, the easement may be summarily
vacated if it has not been used for its intended purpose for five
years preceding the vacation.
Minutes 5 May 19, 1987
Staff recommendation was for the Council to direct staff to
initiate a summary vacation of the easement along the entire block
from Judson Way to Monserate Avenue.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
13. PUBLIC HEARING BLOCK GRANT APPLICATIONS FOR 1987-88
PROGRAM YEAR (Continued from meeting of
May 12, 1987) (Community Development
Director)
RESOLUTION 13036 APPROVING BLOCK GRANT APPLICATION AND
ASSOCIATED DOCUMENTS FOR 1987-88 PROGRAM
YEAR
This being the time and place as advertised, Mayor Cox opened the
pu01ic hearing which was continued from the meeting of May 12,
1987.
Assistant Director of Community Development Gustafson explained
that in regard to the staff recommendation for funding the MAAC
program, part of the recommendation was that funding the program
be conditioned on an indication from MAAC as to the residency of
people being served. Regarding South Bay Community Services, he
highlighted the fact that staff is proposing half a year's rent
rather than one full year, predicated on the fact that they can be
located in the Agency-owned Star News building rent free for six
months. Discussion followed regarding the possibility of making
it part of the funding agreement that they would not seek
relocation assistance if and when they are moved from this
building.
The following people, although waiving their right to speak,
expressed support for the Woodlawn Park Community Center: Fannie
McFarlin, Gloria Gillespie, Pamela Tipp, Raquel Traylot, Julia
Hassler, Grover Talbert, Otis Galberth, Phil Scheuer and Evelyn
Gillespie.
Bill Molina, representing the Salvation Army, spoke in support of
the Regional Task Force for the Homeless and in favor of doing a
study to determine the magnitude of the problem in the South Bay.
Frank Landerville, also representing the Regional Task Force on
the Homeless, waived his right to speak inasmuch as he had
presented his testimony at the Council meeting of May 12th. Gary
zomalt of the County Mental Health Homeless Team commented that
10% of service provided at homeless shelters is for residents from
the South Bay area and half of those are from Chula Vista. Sharon
Johnson, representing the San Diego Resident Relations Foundation
commented that last year this organization served 1923 Chula Vista
citizens, taking requests from the Chamber of Commerce, the
Library and the Chula Vista Police Department.
T I"1 T
Minutes - 6 - May 19, 1987
Ann Fabrick, representing the Human Relations Commission, spoke in
support of the Commission's recommendations to the Council.
Robert McCauley, representing the American Legion, spoke on behalf
of the Legion's request for funding of building improvements which
was not recommended by staff. Councilwoman McCandliss commented
that the City has been meeting with the Legion for the past
several years and questioned how much the organization has saved
towards renovation of their building. Mr. McCauley indicated the
Legion has saved $50,000 in the last two years. Councilman Nader
requested clarification of the funding request. Initially, the
Legion had requested over ~200,000; however, that figure has been
amended to $100,000. Mr. McCauley questioned whether the
recommendation to deny funding was based on the large amount of
money requested. Staff explained that both the Human Relations
Commission and the Commission on Aging had recommended not funding
this project.
Discussion ensued regarding the need for a public facility in the
north end of the City, and the possibility of sharing the building
with other groups, the problem of the presence of a bar in the
building, the possible relocation of the YMCA building in
Eucalyptus Park, ongoing discussions between the Council Committee
and the Legion regarding their lease, and the fact that new
information had been submitted with little time for staff review.
City Manager Goss explained that the proposal for a new building
is relatively new and somewhat incomplete. However, if it becomes
apparent there is a need for a community facility in the north end
of the City, Community Development Block Grant funds could be
reprogrammed for this purpose later on.
Katherine Lembo, representing South Bay Community Services
requested that the Council not ask the organization to give up
relocation assistance in lieu of the six months free rent.
There being no further testimony either for or against, the public
hearing was closed.
Councilwoman McCandliss expressed her desire that some of the
funds earmarked for the Task Force on the Homeless be diverted to
the Del Rey Nutrition program, which had not been recommended for
funding by staff. Councilman Nader agreed he would like to see
funding of this program as well as an increase in funding for the
YMCA Family Stress Center's child abuse program.
MS (Cox/Malcolm) to accept staff's recommendations regarding
funding of social services programs.
Minutes - 7 - May 19, 1987
SUBSTITUTE MOTION
MS (Cox/Nader) to include funding of the Del Rey Nutrition Program
in the amount of $2,000 and reduce funding for the Regional Task
Force on the Homeless from ~7,000 to ~5,000.
The'motion carried unanimously.
Councilman Nader moved to increase funding the YMCA Family Stress
Center to $23,179, the amount originally requested by the YMCA and
recommended by the Human Relations Commission.
The motion died for lack of second.
MSUC (Cox/Malcolm to approve staff's recommendations for Program
Administration (~'70,000) and the Fair Housing Program ($8,000)
MS (McCandliss/Moore) to make funding of the Regional Task Force
on the Homeless contingent on support from the cities of Imperial
Beach and National City in an amount commensurate with population.
Mayor Cox spoke against the motion.
SUBSTITUTE MOTION
MSC (Moore/Cox) to accept the concept of Councilwoman McCandliss'
motion and send a letter encouraging Imperial Beach and National
City to join Chula Vista in funding this organization.
Councilwoman McCandliss voted "no."
Discussion ensued regarding the capital projects recommended for
CDBG funding. Councilman Moore spoke about drainage problems in
the City and the need to continue improving them. Councilman
Nader mentioned that he was ready to support staff's
recommendations on these capital projects; however, he would
consider reallocating money from one of the drainage projects to
the American Legion at a later point in time.
MSUC (Cox/McCandliss) to approve staff's recommendations for CDBG
capital projects.
MSUC (Moore/Nader) to amend the motion to indicate that approving
staff's recommendations for capital projects does not preclude the
possibility of reprogramming some of these funds at a later date
to the American Legion.
MSUC (Moore/Malcolm) to direct staff to pursue a study of the need
for a community building in the northwest section of the City.
T I'1"
Minutes 8 May 19, 1987
The approved Community Development Block Grant Program for 1987-88
is as follows:
Available
CDBG Funds
1987-88 from
PROPOSED EXPENDITURES ENTITLEMENT Previous Yrs. TOTAL
Administration $ 70,000 0 $ 70,000
Fair Housing Program 8,000 0 8,000
Social Services:
Del Rey Nutrition Program 2,000 2,000
Emergency Food Project 700 0 700
Jobs for Youth 2,500 2,500
MAAC 14,000 14,000
Meals on Wheels 4,000 4,000
Reg. Task Force/Homeless 5,000 5,000
SD Resident Relations 6,000 6,000
Senior Services Center 35,000 35,000
Shared Housing 18,000 18,000
South Bay Adult Center 7,500 7,500
S.B. Community Services 17,000 17,000
Woodlawn Park Com. Center 18,000 18,000
YMCA Family Stress Center 0 21,000 21,000
SUBTOTAL $129,700 0 $150,700
Capital Projects:
Sierra Way Drainage Imp. 9220,900 0 $220,900
Drainage Improvements,
NW of Broadway/H St. 148,200 148,200
Wheelchair Ramps 29,700 29,700
Pioneers C St. Improy. 160,000 160,000
Alley improvements s/o
G St., Smith to Broadway 35,000 35,000
Alley Improvements n/o
Roosevelt, Smith to
Broadway 40,000 40,000
Woodlawn Park Community
Center Rehab 23,500 7,624 30, 764
TOTAL ,000 28,264 264
14. ORAL COMMUNICATIONS
Harry Solway, 1640 Maple Drive, representing the Autumn Hills
Homeowners Association, questioned why the Woodlawn Park Library
was closed. City Manager Goss explained that this library is run
by the County under contract to the City and that the librarian
who was in charge of this branch had recently retired and a
replacement had not been appointed to fill the vacancy. The City
is currently trying to help them find a librarian.
Minutes - 9 - May 19, 1987
Mayor Cox questioned whether the City should consider operating
this library as a City facility rather than contracting with the
County. Councilman Malcolm expressed his concerns that this area
(Woodlawn Park) really needs this library due to its distance from
the main library and the difficulty of transportation.
MSUC (Cox/Malcolm) for the City Manager to meet with the Library
Director and report back on what is being done to reopen the
Woodlawn Park Library.
Paul Greene, 141 Lotus Drive, spoke regarding drainage problems,
taxes, and the closure of the Woodlawn Park Library.
Bill Ayers, 44 E. Mankato Street, suggested that a speaker be
placed outside the building so that smokers can go outside and
still De able to follow the Council meeting.
MSUC (Cox/Moore) to refer this request to staff, as well as the
possibility of some kind of panel display that would indicate
which agenda item was under discussion.
PULLED ITEMS
3a. REQUEST TO PRESENT "FAIREST OF THE FAIR" AT JUNE 9, 1987
MEETING - Therese Correia, Special Events, Del Mar Fair,
Southern California Exposition, Del Mar, CA 92014-2216
This item was pulled from the Consent Calendar in order that a
short presentation could be made regarding the 1987 Del Mar
Fair; however, n;o one from the Del Mar Fair was present at
the meeting.
MSUC (Malcolm/Moore) to accept the letter.
4. RESOLUTION 13038 APPROVING AN UNCONTROLLED EMBANKMENT
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND JOHN AND ELVI PARTEE, JOHN VOLLAND,
REMEDIOS ASTROLOGO AND GERALD AND FETIE
TAGGART AND AUTHQRIZING THE MAYOR TO
EXECUTE THE SAME (Director of Public
Works/City Engineer)
Mr. Volland applied for an uncontrolled Embankment Permit in July
1986 to place fill within the rear yards at 1001, 1005 Guatay and
148 Inkopah Street. In accordance with Section 15.04.285 of the
City Code, the applicant must enter into an agreement with the
City. The agreement has been executed and is now ready for
Council approval.
Minutes - 10 - May 19, 1987
Councilman Moore explained that he had requested this item be
pulled because he questioned how the City could guarantee that the
property owners were aware that the soil is unstable. City
Engineer Lippitt responded that this would be recorded in the
title policy.
RES'OLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
6. RESOLUTION APPROVING THE TEMPORARY CLOSURE OF THE
PUBLIC ALLEY WEST OF LANDIS AVENUE FROM
DAVIDSON TO "F" STREET (Director of Public
Works/City Engineer)
In order to facilitate construction and to protect pedestrian and
vehicular traffic in the public alley next to the proposed City
Plaza site, Pointe Builders (contractor for the project) requested
that the City allow the closure of a portion of the alley for
approximately 6 months. It was staff's recommendation to approve
the temporary closure of the alley.
Phil Creaser, 345 "F" Street, spoke in objection to the
construction gate being placed on the alley side.
Larry Burchell, Pointe Builders, explained there was a problem
with the access - the only access to the site is through the alley
and he would direct the construction vehicles to minimize
encroachment.
Mr. Creaser felt it was a misuse of the adjoining property, and
that it was unsafe to have heavy equipment making use of their
driveway.
William Cannon, representing the Board of Directors of the
property owners at 345 "F" Street expressed similar concerns to
those of Mr. Creaser and mentioned that many of the property
owners at this address had not been notified of the agenda item.
MSUC (Cox/Moore) for staff to meet with the property owners and
the developer to work out a solution and to bring back this item
at the Council meeting on Thursday, May 21, 1987.
10. RESOLUTION GRANTING A WAIVER OF ADDITIONAL
RESIDENTIAL CONSTRUCTION TAX TO BONITA
LONG CANYON PARTNERSHIP FOR BONITA LONG
CANYON UNIT 2 THROUGH 7 FOR PARK
IMPROVEMENTS (Director of Parks and
Recreation)
Mayor Cox left the dais at this time.
Minutes - 11 - May 19, 1987
City Manager Goss requested that this item be continued for one
week. Councilman Malcolm inquired as to who provided the cost
figures for the park. Director of Parks & Recreation Mollinedo
responded that the firm of Gillespie de Lorenzo & Associates had
prepared this information.
Mayor Cox returned to the dais at this time.
MSUC (McCandliss/Moore) to continue this item for one week.
(Mayor Cox abstained.)
15. REPORT OF THE CITY MANAGER
a. City Manager Goss indicated that the TVI, Inc. trackless
trolley will be on display at the Civic Center prior to the
May 26th Council meeting.
16. MAYOR'S REPORT
a. Mayor Cox mentioned that for the July 4th opening of the
Nature Interpretive Center and the July 2nd gala, he was
concerned there would be a need for additional temporary
parking. He suggested taking whatever steps would be
necessary to clean up the Street/Merziotis parcel so that it
can be available for overflow parking until the property is
needed by CalTrans.
MSUC (Cox/Moore) to direct staff to take whatever action is
necessary to accomplish this (Malcolm out).
MSUC (Cox/Moore) to reschedule the Council tour from June 6 to
Saturday, June 20 at 8:00 a.m.
At this time, Mayor Cox announced he had received notice that an
agreement had been reached on Item 6 (temporary closure of alley).
6. RESOLUTION 13037 APPROVING THE TEMPORARY CLOSURE OF THE
PUBLIC ALLEY WEST OF LANDIS AVENUE FROM
DAVIDSON TO "F" STREET (Director of Public
Works/City Engineer)
A compromise solution had been reached regarding the placement of
the gate; therefore, the last condition on the developer's
building permit was met and the permit could be pulled by the
builder.
MSUC (Cox/Moore) to approve the temporary closure of the alley.
T I'l"
Minutes 12 - May 19, 1987
17. COUNCIL COMMENTS
a. Councilman Nader requested that staff prepare a letter to
local legislators requesting that they introduce legislation
which would bar a plaintiff from seeking recovery for injuries
when those injuries were caused by avoiding police pursuit.
MSUC (Nader/Malcolm) to direct staff to prepare such a letter.
b. Councilwoman McCandliss, referring to an information item,
questioned which school district sites were being considered
for possible relocation of the Boys Club.
City Manager Goss responded that the sites being considered,
in addition to Chula Vista High School, are Mueller and Vista
Square elementary schools.
b. Councilwoman McCandliss also referred to an information item
regarding use of the Terra Nova school site for a bowling
alley. She expressed concern that there are already traffic
problems in this area which she would like to see improved
before making commitments to place a use there that would
increase the traffic.
c. Councilman Malcolm questioned the price the School District is
asking for the Tetra Nova property, and the possibility of
purchasing the property from the District and perhaps
reselling a portion to a local developer.
City Manager Goss indicated it was his understanding that
State law may preclude the City from taking such action.
City Attorney Harron explained that State law requires a
specific course of action to be followed in the sale of school
sites and there are restrictions dependent upon the terms of
the sale.
Councilwoman McCandliss suggested referring this item to staff
to find out what alternatives are available to the City.
Councilman Malcolm reminded the Council that the exclusive
offer expires in the near future.
d. Councilman Nader inquired when a report would be made on SB
1037. Deputy City Manager Morris said it would be on the May
26th Council agenda.
Minutes - 13 May 19, 1987
e. Mayor Cox mentioned that at the May 19 Port Commission meeting
there was an agenda item regarding the possibility of small
craft docking at the public pier next to the Income Property
Group.
ADJOURNMENT AT 10:10 p.m. to the adjourned regular meeting of
May 21, 1987 at 4:00 p.m. and the regular meeting of May 26, 1987
at 7:00 p.m.
Jennie M. Fulasz, CMC
City Clerk