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HomeMy WebLinkAboutcc min 1997/01/28MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, January 28, 1997 6:00 p.m. Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers John S. Moot, Stephen C. Padilia, Jerry R. Rindone, Mary Salas, and Mayor Shirley A. Horton. ALSO PRESENT: John Goss, City Manager; John M. Kaheny, City Attorney; Beverly A. Authelet, City Clerk; and Patricia Schwenke, Deputy City Clerk. 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. APPROVAL OF MINUTES: January 21, 1997. MSUC (Padilla/Salas) to approve the minutes, passed and approved unani~nously 5-0. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Patricia Aguilar - Design Review Comrmssion; and Dr. Christine Aranda Smith - Mobilehome Rent Review Comrmssion. The Oath of Office was administered to Ms. Aguilar and Dr. Smith by City Clerk, Beverly A. Authelet. b. Resolution commending Ann Moore for her outstanding pertbrmance of duty as Acting City Attorney. Mayor Horton presented the proclamation to Ms. Moore. CONSENT CALENDAR (Items pulled: 7 and 8) THE BALANCE OF THE CONSENT CALENDAR WAS OFFERED BY MAYOR HORTON, reading of the text was waived, titles read, passed, and approved unanimously with the following exceptions: Item No. 10 was continued to 2/4/97, and Item No. 12 was approved 4-1-0 (Councilmember Rindone oppnsed). 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on 1/21/97, that there were no reportable actions which are required under the Brown Act to be reported. It is rc, conunended that the letter be received and filed. b. Letter from Barry Alan Russell, Dean of Fine Arts, Humanities, and Communications at Southwestern College, requesting that the City provide $2,000 in support of the College's participation in the regional Kennedy Center's American College Theater Festival competition in Cedar City, Utah, to be held 2/10/97 through 2/16/97. It is recommended that $500 of the Council Contingency Account be granted. Minutes January 28, 1997 Page 2 6. RESOLUTION 18557 ACCEPTING DONATION IN THE AMOUNT OF $2,500 TO THE ANIMAL SHELTER - On 11/18/96, the Police Department received an unsolicited $2,500 check donation from the Estate of Nelle M. Lust fi~r the Animal Shelter. Staff recommends approval of the resolution. (Chief of Police) 7. RESOLUTION 18558 APPROPRIATING $13,500 FOR COURT REPORTING EXPENSES ASSOCIATED WITH CIVIL SERVICE COMMISSION APPEAL HEARINGS - The City Charter requires the Civil Service Commission to hear appeals of any person in the classified service related to any suspension, demotion, or dismissal. The actual proceeding, by law, must be recorded and be able to be transcribed if the employee so requests. Those written proceedings must be transcribed verbatim and be officially certified by a certified short-hand reporter. Staff recommends approval of the resolution. (Director of Human Resources) 4/5th's vote required. (Pulled by Councilmember Rindone) Councilmember Rindone stated the need for a court reporter to transcribe the Civil Service hearings is justified and it is anticipated this is an ongoing expense. He asked why this was not budgeted for 1996/1997 and if it will be a line item in the budget for 1997/1998. Candy Emerson, Director of Human Resources, answered this appropriation will be submitted in the upcoming year's budget. In the past, funds were expended from the City Attorney's budget. The prior City Attorney had a somewhat difl~rent approach than the current City Attorney and wanted all funds controlled from his budget. Thnse funds were expended this year ti3r a variety of related purposes, and additional funds are needed. In future years, these funds will be included in the Human Resources bndget. RESOLUTION 18558 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, title read, passed, and approved 4-0-1, with Padilia absent (who left the dais momentarily). 8. RESOLUTION 18559 APPROPRIATING $35,000 FOR INVESTIGATORS TO CONDUCT LEGALLY REQUIRED DISCRIMINATION AND HARASSMENT INVESTIGATIONS - When an employee makes a claim of discrimination or harassment. it is not only appropriate, but required by the City's General and Sexual Harassment Policy that an investigation be conducted in as timely a manner as possible. Given that claims of discrimination and harassment may vary significantly in complexity and scope, it is anticipated that the level of sophistication and independence required in conducting investigations should vary. While some claims can be investigated by City stall', more require an outside investigator either because of the individual being investigated, the sensitivity of the complaint, or the level of expertise and knowledge required. Staff recommends approval of the resolution. (Director of Human Resources) 4/5th's vote required. (Pulled by Rindone) Councilmember Rindone asked if this appropriation will be included in the budget for 1997/1998. Candy Emerson, Director of Human Resources, replied yes. RESOLUTION 18559 OFFERED BY COUNCILI~IEMBER RINDONE, reading of the text was waived, title read, passed, and approved 4-0-1 with Padilia absent (who left the dais momentarily). 9. RESOLUTION 18560 AUTHORIZING THE CITY ENGINEER TO FILE AN APPLICATION WITH THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR FEDERAL GRANT FUNDS FOR A GIS BASED TRAFFIC SIGN INVENTORY - In November 1996, the City received a letter from the State of California Office of Traffic Safety inviting eligible government agencies to submit memorandum proposals for traffic safety projects tier Federal fiscal year 1997/98. The deadline for submission of proposals liar consideration is 1/31/97. Staff recommends approval of the resolution. (Director of Public Works) Minutes January28, 1997 Page 3 10. RESOLUTION 18561 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE PURCHASE OF THREE POLICE MOTORCYCLES - The fiscal year 1996/97 equipment replacement budget provides for the purchase of three replacement motorcycles for the Police Department. On 11/6/96, bids were opened and the lowest responsible bidder was Pomona Valley Kawasaki with a unit price of $8,419. Stall' recommends approval of the resolution. (Director of Public Works) Item was continued to 2/4/97. 11. RESOLUTION 18562 REJECTING NON-RESPONSIVE BID AND AWARDING CONTRACT TO PACIFIC LAWNMOWER FOR THE PURCHASE OF TWO 48" RIDING LAWN MOWERS; AND REJECTING BIDS, ACCEPTING BIDS AND AWARDING CONTRACT TO CALIFORNIA TURF FOR ONE 84" RIDING LAWN MOWER - On 11/26/96, bids were accepted. For the 48" mowers, Pacific Lawnmower was the apparent second low bid, with a pre-tax price of $7,436.65. For the 84" mower, California Turf was the apparent fourth low bid with a pre-tax price of $27,925.00. However, due to non-responsiveness of the lower bidders to the advertised specifications, both of the tirms were, in fact, the luw bidders for the mowers. Staff recommends approval of the resolution. (Director of Public Works) 12. RESOLUTION 18563 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE PURCHASE OF EIGHT SEDANS, A STATION WAGON, AND SEVEN PICKUP TRUCKS, AND APPROPRIATING $4,000 FROM THE SEWER FUND FOR THIS PURCHASE - On 12/3/96, bids were opened. The lowest responsible bidder for the sedans, the station wagon, and three pick-up trucks was Dixon Ford with a net total price of $205,163.56. The lowest responsible bidder tier two pick-up tracks was Escondido Jeep/Eagle GMC with a net total price of $32,143.98. The lowest responsible bidder/br two pick-up trucks was Lasher Auto Center with a net total price of $34,687.96. Staff reconunends approval of the resolution. (Director of Public Works) 4/Sth's vote required. Dave Byers, Deputy Public Works Director, stated the crane and two-way radios were sewer-related equipment and would be installed on the sewer pick-up trucks. The sedans will go to the Police Department, two trucks will go to Animal Control, one track will go to Fire Administration, some trucks will go to Public Works operations. one or two trucks will go to Park Maintenance and Open Space. and the station wagon will go to the Library. Councilmember Rindone stated he would be voting no on this item and would not support the use of sewer funds for purposes other than upgrading the sewer system. 13. RESOLUTION 18564 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE PURCHASE OF EROSION CONTROL PLANTS - Bids to provide erosion control plants were received on 11/19/96. Staff recommends approval of the resolution awarding the contract to Miramar Wholesale Nurseries, the low bidder. (Director of Parks and Recreation) Dave Byers, Deputy Public Works Director, stated there was a typographical error on the first page of statics report referring to "quality plans" and should refer to "quality plants." 14. RESOLUTION 18565 AUTHORIZING THE ACCEPTANCE OF A COMMUNITY ALTERNATIVE ACTIVITIES PROJECT GRANT FROM THE SAN DIEGO COUNTY OFFICE OF EDUCATION FISCAL YEAR 1996/97; AND APPROPRIATING $9,000 IN THE GRANT FUND (290-2902) AND APPROVING THE EXPENDITURE OF SAID CITY FUNDING FOR IMPLEMENTATION OF THE COMMUNITY ALTERNATIVE ACTIVITIES PROJECT - On 9/18/86, the San Diego County Office of Education contacted the Parks and Recreation Department to participate in the Community Alternative Activities Project. The grant would allow the Department to set up an after-school mentor program for middle-school age youth. This project would promote collaboration among schools, connnunity-based organizations and other youth-serving agencies to Minutes January 28, 1997 Page 4 prevent alcohol and drug use by school age youth. On 10/25/96, the Department submitted the proposal and on 11 / 1/96 was informed that the Prqject had been approved. Staff reconm~ends approval of the resolution. (Director of Parks and Recreation) 4/Sth's vote required. Councilmember Rindone requested staff provide an annual report regarding the progress of this project. * * * END OF CONSENT CALENDAR * * * ORAL COMMUNICATIONS None. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES None submitted. BOARD AND COMMISSION RECOMI~,IENDATIONS None submitted. ACTION ITEMS 15.A. RESOLUTION 18566 AMENDING FISCAL YEAR 1996/97 CAPITAL IMPROVEMENTS PROGRAM FOR THE EASTERN AQUATIC COMPLEX (PR188) AND DRAINAGE IMPROVEMENTS "G" STREET, SECOND AVENUE WEST OF DEL MAR (DR908) BY SUBSTITUTING AND REAPPROPRIATING FUNDING SOURCES BUT NO OTHER CHANGE TO THE PROJECT SCOPE, PHASING OR TOTAL COST - On 3/5/95, an agreement was approved for a matching pledge contribution to the YMCA Aquatic facility which obligated the City to make a contribution of $250,000 from Community Development Block Grant funds and $250,000 from Park Acquisition and Development funds, or from other sources designated by the City, to help fund the development of the facility. Due to several constraints which the City funding sources create on the project, the YMCA has requested that the City consider substituting the sources of funding to help with their project and to accelerate the payment schedule from the City. Staff recommends approval of the resolutions. (Deputy City Manager Krempl, Director of Community Development, and Director of Public Works) 4/5th's vote required. B. RESOLUTION 18567 AMENDING THE AGREEMENT FOR MATCHING PLEDGE CONTRIBUTION TO THE YMCA AQUATIC FACILITY · Greg Cox, 647 Windsor Circle, Chula Vista, CA, Steering Conumttee Chair for the South Bay Family YMCA Capital Campaign, spoke in hvor of the resolution and stated the funding is needed to develop the facility. They agree with staft~s recommendation and are no longer pursuing acceleration of the payment. Chris Salomone, Director of Community Development, stated the applicant agrees to ensure public access to all Chula Vista residents, will use good faith efforts to create a scholarship fund for applicants who are unable to afford access fees charged by the facility, and will not charge for any program except for fees which are subject to City approval. Minutes January 28, 1997 Page 5 Councilmember Rindone asked how would the City make up the difference if residential construction tax monies are used and prevailing wages are paid. By adjusting different funds, they would not be actually subsidizing the additional funds a previous Council made. George Krempl, Deputy City Manager, stated the City would make up the difference for the existing prqiect for which the funds are being substituted by simply deferring the payment schedule to the YMCA and extending it to a subsequent year 1999/2000, if necessary. if there is not an additional cost to the City by virtue of the switch, the commitment to the YMCA would be made in the year 1998/1999. · Tina Williams, 50 Fourth Avenue, Chula Vista, CA, representing the South Bay Family YMCA, reported the YMCA provides services to the community and their policy states no child or family will ever be turned away from programs if they there is an inability to meet the fee schedule. RESOLUTIONS 18566 AND 18567 OFFERED BY MAYOR HORTON, reading of the text was waived, titles read, passed, and approved unanimously 5-0. 16. REPORT APPROVING ENHANCEMENT OF EAST "H" STREET LANDSCAPE - JM Development Company, the developers lbr Rancho La Cuesta. have proposed to enhance the landscaping of slopes. medians. and parkways along East "H" Street in the Eastlake Maintenance District Number I "Zone D" Open Space assessment area. The enhancement would include the planting of 195 box Schinus Molles (Pepper Trees) along the slopes, parkways, and medians. They also propose to plant an additional 1,288 one-gallon Cistus Purpureas (Rock Rose) throughout the medians. Staff recommends Council approve JM Development's request to enhance the landscape along East "H" Street in the EastLake Maintenance District-Zone "D", subject to staff conditions. (Director of Parks and Recreation) Cnntinued from the meeting of 1/21/97. Councilmember Rindone asked what was the next best option compared to a pepper tree, and was cost the fundamental reason lbr selecting the pepper tree or was it availability. · Tom Piccard, 12760 High Bluff Drive, Suite 120, San Diego, CA, landscape architect, reported that the Australian Willow is the second option that would grow well in this area. The main concern is the soil in this area is very sterile, and reclaimed water is proposed to be used on "H' Street by the Otay Water District. The most successful tree is the California pepper tree, which is the hardiest and most drought tolerant. · Guy Asaro, 2300 Boswell Road, Suite 209, Chula Vista, CA, representing JM Development dba Pacific Bay Homes, stated they are rapidly proceeding with construction of the Rancho La Cuesta project in eastern Chula Vista, and the anticipated build-out will take approximately 13 to 15 years. This area will be the main marketing corridor to their project, and JM Development has the best interest of the community at heart; public forums were held and JM Development has worked with staff to meet everyone's needs. He stated cost was not t~.ctor in the decision tbr the pepper trees, and the reason they t~lt the pepper tree is suitable because it is the theme throughout the entire project. Jess Valenzuela, Director of Parks and Recreation, added that staff t~lt the California pepper trees were a low water use, the trees will be well-established alter two years, at which time the City will take responsibility tbr maintaining the trees. Councilmember Rindone stated he was opposed to pepper trees because ther~ were viable alternatives listed in the staff report. He felt the pepper trees were unattractive and have a disruptive root system. He added that the sidewalks and streets become slippery when the berries 1~11 during rainy weather. MSC (Horton/Moot) to apprnve staffs recnmmendatinn, apprnved 4-1 with Rindone opposed. Minutes January 28, 1997 Page 6 17. REPORT ADDING EITHER ORANGE AVENUE OR HILLTOP DRIVE TO THE LIST OF APPROVED TRUCK ROUTES - Donald Oilver operates a service station at 1500 Hilltop Drive that sells diesel fuel which attracts large trucks. The trucks use Hilltop Drive and Orange Avenue to access the station. Neither of these streets are designated truck routes. Therelixe, trucks which go to the site only to obtain fuel are in violation of Chapter 10.64 of the Municipal Code and subject to citation. Staff recommends that Council not direct staff to proceed with an ordinance designating either Orange Avenue or Hilltop Drive as a truck route. (Director of Public Works) Cliff Swanson. City Engineer, reported that staff received a request to add at least one street to the truck route. The two possibilities requested were Hilltop Drive from Main Street to Orange Avenue, and Orange Avenue possibly just in one direction to the freeway or the other direction. In taking consideration all of the factors staff looks at in designating truck routes, staff limit Hilltop Drive and Orange Avenue did not meet the criteria. The route should primarily be through an industrial or commercial area, shonld be wide enough to accommodate larger trucks, noise impacts to the area must be considered, and the character of the street should not be significantly changed. Based on staffs analysis, neither of these routes met those conditions. He noted that denial of the truck route is categorically exempt under CEQA: however, the action of amending the Code to add a truck route would not be exempt under CEQA and an initial study process would have to be completed. If fur any reason staff were to pursue one of the routes as a truck route, the City would have to go through an initial study and CEQA process. Staff recommended not to add either route as a truck route. Councilmember Salas asked who would hear the cost of a CEQA review if this were approved. Mr. Swanson replied currently there is not an application in the fee schedule tier such a thing, but he presumes Council could enact a request tBr the applicant to make a deposit. Councilmember Moot stated that at the time of the annexation in 1986, it appears from the staff report that diesel fuel was not being sold at the service station. Mr. Swanson was unsure, but his understanding was there were diesel pumps there possibly for cars, and The Diesel Pump later enlarged the canopy to accommodate the trucks. ® Rodolfo Diaz, 964 Fitih Avenue, Suite 228, San Diego. CA. attorney representing the coalition of citizens residing in the vicinity of Orange Avenue and Hilltop Drive, spoke in thvor of staft~s recommendation. They oppose the truck route because the truck route would affect the residents' quality of life. A truck route would pose traffic and safety hazards to children attending surrounding schools. He submitted a petition and letters from the Chula Vista Elementary School District and Sweetwater Union High School District all opposing the truck route and requested these documents be part of the public record. · Mike Kelly, 3749 Festival Court, Chula Vista, CA, spoke in opposition to the truck route. He commented that in 1995 there was a diesel fuel spill of 500 to 600 gallons. The Fire Department responded and covered the fuel spill with sand. Later when it rained, the sand and fuel ran down to Main Street into the gutters. He stated Hilltop Drive is a bicycle route, and truckers constantly park in the bike lane. The residents are shut in by the noise of these trucks and are disgusted with this situation. He presented a video which showed examples of problems regarding the trucks. The l-bllowing people spoke in hvor of staff% recommendation to deny designating Orange Avenue or Hilltop Drive as a truck route due to noise, traffic, and safety concerns: · Vern Shotwell, 287 Sandstone Street, Chula Vista, CA, representing the Community Watch, submitted petitions fi'om residents opposing the truck route. · Wesley Aires, 26l Sandstone Street. Chula Vista. CA. Minutes January 28, 1997 Page 7 · Charles Perry, 1532 Hilltop Drive, Chula Vista, CA. · Robert Maguire, 1611 Hilltop Drive, Chula Vista, CA. · Ulysses Gonzales, 1605 Hilltop Drive, Chula Vista, CA. · Michael Radecki, 1460 Nolan Court, Chula Vista, CA. · Richard Boyd, 1575 Hilltop Drive, Chula Vista, CA. · Elisa Valdez, 1566 Connoley Avenue, Chula Vista, CA. · Onofre Valdez, 1566 Connoley Avenue, Chula Vista, CA. · Steve Palma, 176 Montgomery Street, Chula Vista, CA. · Peaches Hartung, 1545 Malta Avenue, Chula Vista, CA. · George Cagney, 43 Connoley Circle, Chula Vista, CA. · Dan Sprague, 3755 Holiday Court, Chula Vista, CA. · Michael DeCaro, 1471 Loma Lane, Chula Vista, CA. · Yolanda Castro, 70 Sherwood Street, Chula Vista, CA. · Judith Harshman, 3756 Holiday Court, Chula Vista, CA, spoke in opposition to the truck route because of noise. She stated that sometimes when the trucks drive by her residence, the windows to her residence "rattle." Her cul- de-sac is often used for making U-turns by the trucks so they can park along the west side of Hilltop Drive waiting for the meat packing company to open. She stated it is ti-ustrating to have an 18-wheeler truck make a U-turn anywhere from 2 a.m. to 5 a.m. approximately 30 feet ti'om her bedroom. Hilltop Drive was not built fbr truck traffic, and she showed photographs of damage to her yard caused by trucks making U-turns. She witnessed one of the large trucks who couldn't quite make the U-turn, went on the sidewalk in l~ont of her neighbor's house, and took out the Holiday Court street sign with his rear view mirror and never stopped. The City has since replaced that sign and moved it back two t~et on the sidewalk. The pavement in front of her residence has been repaired at least six times in the last 18 months from damage caused by the trucks. She has also called the police on occasions because trucks park overnight on the street with the generators on. · Edward Conroy, 3748 Festival Court, Chula Vista, CA, opposed the truck route because the trucks olien park overnight in the vacant lot, and some of the trucks had liquid nitrogen tanks. He stated the traffic is bad, the street is torn up, and the noise is incredible. He was upset that the police were not enforcing the law. · Jaye Wright, 1414 Nolan Avenue, Chula Vista, CA, opposed the truck route because the trucks otien park in the bike lanes, preventing use by the residents and children. · Sherry Smiley, 1440 Marl Court, Chula Vista, CA, representing Loma Verde Elementary School, opposed the truck route because of safety thctors to the children walking to school. She conunented that previously a student was killed on Hilltop Drive and stated the street is unsafe because of the trucks. · Laurie Price, 1545 Hotel Circle South, Suite 300, San Diego, CA, representing Donald Oliver and The Diesel Pump, spoke in opposition to stafl~s reconunendation. She stated the canopy was never raised and is the same height when Mr. Oliver started the business; that is the reason no building permits were located. She stated a Minutes January 28. 1997 Page 8 business license was issued in 1986 fi'om the City of Chula Vista. and there have been regular licenses since then. She asked Council to help find a way tier Mr. Oliver to stay in business, because he believes he has a legal right to nperate his business based on the history of the situation. The Diesel Pump has been located at the southwest corner of Orange Avenue tier over 10 years. When it was first established, the business was in the County and soon after was annexed to the City. About 18 months ago, the City posted signs indicating Orange Avenue was not a truck route, and police began ticketing all of the trucks using Orange Avenue. The police gave Mr. Oliver fliers to hand out to his truckers advising them to use Hilltop Drive; he complied. The truckers started using Hilltop Drive, traffic doubled. the neighborhood was impacted. and there were citizen complaints. The City then posted signs indicating Hilltop Drive was not a truck route, and police began ticketing trucks using Hilltop Drive. This prevented all truck traffic to The Diesel Pump and fimctionally put Mr. Oliver out of business because approximately 95 percent of his bnsiness is selling diesel fuel to the trucks. She stated the Vehicle Code allows trucks to get off the freeway tier fuel service and relates to U.S. Code Title 49 which pre-empts state and local regulations regarding inner-city commerce. The City is mandated to allow trucks to get off the freeway for service if the station is within a mile and is deemed safe. In the 10 years of The Diesel Pump's operation, there has never been an accident. A number of the problems mentioned by earlier speakers are not related to The Diesel Pump. The trncks have a right to go to the meat packing plant to pick up and deliver goods, and the dirt lot where the trucks park overnight belongs to the meat packing company. The Diesel Pump is open ti'om 8 a.m. to 8 p.m. Any problems regarding the trucks aside l~om those hours are related to other uses. If Council makes either one of the roads a truck route. Mr. Oliver agrees to terminate his business in two years. · Deborah Grant, 1495 Jade Court, Chula Vista, stated approximately eight years ago, a truck driver left a truck unattended and the truck rolled two blocks. across a median, and crashed into her residence. · Blanca Gonzalez, 73 Connoley Circle, Chula Vista, CA. opposed the truck route because of safety concerns regarding children walking to area schools. John M. Kaheny, City Attorney, advised the provisions Ms. Price referred to are in the California Vehicle Code and reflect a general requirement under the United States Code to provide access for certain transportation companies or heavy haulers to reasonable access tbr food, water, and services on the freeways. That process requires a transportation company or hauler to make an application to the City fi~r an exemption to the general rule. If the City were ever to receive an application, which one is not pending, it would be reviewed by staff to ensure there are no engineering or safety problems. He added that based on the testimony given, there is ample evidence in the record tier denial of a permit, if one were requested. The statute doesn't require there be other facilities nearby; it states if there is an engineering or safety problem with the vehicles using that route, the City may deny the application, if an application was tnade. The exceptions allow someone to make deliveries, but does not authorize other uses of the roads/br other purposes. Mayor Horton asked why weren't the trucks being cited tier illegally parking on Hilltop Drive and Orange Avenue. Mr. Swanson replied staff has been working with the Police Department regarding enforcement. The police have been citing trucks in the area, which is part of the criteria of Mr. Oliver's request ti~r the truck route. Councilmember Salas requested staff conduct a study to see if the City could restrict the time of delivery to be allowed only during reasonable hours. Mr. Swanson stated the testimony by Ms. Price indicated The Diesel Pump is not open during the hours most of the problems occur, and it seems that the problem is regarding trucks going to another site or using the site illegally. The Planning Department would have to look at the conditional use permits on each site that has trucks coming and going. It is possible to restrict the time of pick-ups or deliveries if they require a conditional use permit and have one. Mr. Oliver's business was previously in the County. and the County could not find a conditional use permit to forward to our Planning Department, so they are a legally nonconforming use. Under those conditions, he would refer the matter to the Planning Department and the City Attorney on that specific site. Minutes January 28, 1997 Page 9 Councilmember Moot asked if either Hilltop Drive or Orange Avenue was ever designated as a truck route prior to annexation. Mr. Swanson said tbr the period of 1/14/75 to 4/15/75, Hilltop Drive from "L" Street to Main Street was designated as a track route; after 4/15/75 it was no longer a truck route. At the time of the annexation, Hilltop Drive was not a truck route. Councilmember Moot stated the evidence is overwhelming that this is not an appropriate street to be designated a truck route. It was not a truck route at the time of annexation, and there does not appear to be any evidence in the record that it should now be a track route. MSC (Moot/Padilla) to approve staff's recommendation, with an amendment to have the matter referred to the Police Department to enforce existing laws, and for the Police Department to return with an information item regarding the enforcement history and future enforcement plans for this area. Councilmember Rindone stated once this item has been voted on, he requested staff review potential conditional use permits for this area to provide for the need of the neighborhood to look at a site specific, several if necessary, and Council will look to a follow-up motion on that once this item has been completed. VOTE: Approved unanimously 5-0, as amended. ITEMS PULLED FROM THE CONSENT CALENDAR (Item Nos. 7 and 8 - The minutes will reflect the published agenda order.) OTHER BUSINESS 18. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. Goals Workshop. John Goss, City Manager, suggested the goals workshop to be scheduled on 3/1/97 at 9:30 a.m. Council concurred. School Board Meetinc. Mr. Goss stated he has been unsuccessful in scheduling a joint meeting with the school boards for the month of February. 19. MAYOR'S REPORT(S} Mayor Horton stated that an item regarding installation of a stop sign at Lakeview Drive and Clearbrook was previously denied by Council. She suggested Council reconsider installation of the stop sign. She recently drove in the area and observed cars driving fast, and subsequent to Council's decision on this matter, another accident occurred at this location which demolished a utility box. She also noticed small children riding their bicycles along the bike route. She felt this was an accident waiting to happen. She requested infi~rmation regarding this item to be placed on the agenda under Mayor's Comments lbr 2/4/97. Minutes January 28, 1997 Page 10 20. COUNCIL COMMENTS Councilmember Rindone Councilmember Rindone requested to have the ConVis item return because he recently received information that the City of Chula Vista was ineligible for membership in ConVis because of some technical violations. He requested staff review the infi>rmation and if it is correct, the item be returned for reconsideration. Councilmember Padilia Councilmember Padilia asked when Council would receive a report regarding the animal shelter. Chris Salomone, Director of Cmmnunity Development, replied staff has been meeting with the Police Department and Public Works regarding the animal shelter, and although he did not have an exact date, he advised the report is moving fbrward. Mayor Horton commented that a well-respected veterinarian in our community is also looking into this matter independently. Councilmember Salas Councilmember Salas stated it is important to fill the vacant seat on the Planning Comrmssion as soon as possible, and she requested Council forward their choices of people to interview tbr the Commission. A current Planning Comrmssioner advised her that it was difficult tu get a quorum. Councilmember Salas also urged the public to observe the speed limits and laws and to grant common courtesy to others when driving in residential areas. ADJOURNMENT The meeting adiourned at 7:57 p.m. to a closed session. by: Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk