HomeMy WebLinkAboutcc min 1990/08/07 MINLrrES OF A REGULAR MEETING OF THE
CITY OF CHULA VISTA
Tuesday, August 7, 1990 Council Chambers
4:05 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Moore, Nader, and Mayor Cox
ABSENT: Councilmembers McCandliss and Malcolm
ALSO PRESENT: Gene R. Asmus, Assistant City Manager; Bruce M. Boogaard, City Attorney;
and Beverly A. Authelet, City Clerk
2. pI.I~I~GE OF AIJ.I~GIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINLrrES: July 10, July 16, July 17, and July 24, 1990
Mayor Cox stated that due to various Council absences the minutes of July 17 and July 24 would be
continued to the meeting of August 14, 1990.
MS (Cox/Moore) to approve the minutes of July 10 and July 16, 1990 as presented.
Councilman Nader stated there should be a correction in the minutes of July 16, under #3, which would
include: Motion: (Nader) to appoint Nancy Palmer and Jim Cartmill to the Planning Commission - motion
died for lack of second. (Motion was between the second and third motion in the minutes.)
VOTE ON MOTION: approved 3-0-2 with Councilmembers McCandliss and Malcolm absent.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: International Friendship Commission: Dolores Brines
Human Relations Commission: Robert Gordon
Child Care Commission: Nancy Carshah
Oath of office given to Dolores Brines, Robert Gordon, and Nancy Cavanah by City Clerk Authelet.
CONSENT CAI-F-IXID.I~I1.
(Items pulled: 12, 16, 17, and 27)
BALANCE OF THE CONSENT CALENDAR OFP-ERED BY MAYOR COX WITH THE D~I.F. TION OF ITEM 18,
reading of the texts was waived, passed and approved 3-0-2 with Councilmembers McCandliss and Malcolm
absent.
5. WIIi'FrEN COMMUNICATIONS:
a. Request for assistance in hanging and removing Bonitafest banners - Cheryl A. McConkey, Bonitafest
Committee Member. Staff recommended that the City Council authorize the use of City equipment
Minutes
August7,1990
Page 2
a. Requestf~rassistanceinhangingandrem~vingB~nitafestbanners~Chery~A.McC~nkey~B~nitafest
Committee Member. Staff recommended that the City Council authorize the use of City equipment
and staff in hanging and removing Bonirafest banners along Bonita Road, subject to staff review and
approval of the size and placement of the proposed off-sweet banner, and waive charges for this
work.
b. Request to discuss ground lease for property located on the northwest comer of Interstate 805 and
'I-I' Street - Victor M. Diaz, President, Califormula Radio Group, 1229 Third Avenue, Chula Vista,
California 92073. Staff recommended that a letter be sent to Mr. Diaz thanking him for his interest
in the site, but indicating that the City is currently not in a position to actively pursue his request.
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c. Resignations from the Safety Commission - Laveme E. Decker, 1322 Valencia Loop, Chula Vista,
California 92010 and James W. Waller, 1974 Alderbrook Place, Chula Vista, California 92013. Staff
recommended that Ms. Decker's and Mr. Waller's resignations be accepted, a letter of appreciation
for their services be sent, and the City Clerk take appropriate action to notice the vacancies.
d. Claims against the City:. 1 ) Rick Engineering, c/o Dennis J. Stryker, Attorney at Law, 5620 Friars
Road, San Diego, California 92110 - It is the recommendation of the Risk Management Division, and
Daley & Heft, the City's counsel, that the claim be denied. 2) his. Sonia Gome~ 3) Ms. Teresa
Gomez, 4) Mr. Salomon Gomez, and 5) Mr. David lRamlrez, C/O Irene Miller, Esq., Attorney at Law,
401 West A Street, Suite 1300, San Diego, California 92101-7906 - It is the recommendation of the
City's claims adjustors, Carl Warren & Company, and the Risk Management Division that the four
claims be denied. 6) Mr. Vernon L. Pendergraft, and 7) Mrs. Jean D. Pendet~;taft, c/o C. Bradley
Hallen, Attorney at Law, 2533 So. Highway 101, Suite 280, Cardiff, California 92007 - It is the
recommendation of counsel for the City, Daley & Heft, concurred in by the City Attorney's Office,
Risk Management and our claims administrators, Carl Warren & Company, that the Amended Claims
be denied.
6. ORDINANCE 2385 AMENDING SECTION 17.08 OF THE MUNICIPAL CODE RELATIVE TO
ENCROACHMENTS INTO OPEN SPACE (second readin~ and adoption) - Since adoption of Ordinance 1836
in 1978, it has been the duty of the City Engineer/Director of Public Works to issue encroachment permits
for open space. Staff concurs that it would be more appropriate for the Parks and Recreation Director to
approve or disapprove open space encroachment requests. Staff recommends Council place ordinance on
second reading and adoption. (Director of Public Works)
7. ORDINANCE 2386 AMENDINGCHAFFER18.54OFTHEMUNICIPALCODEI~RtATINGTOTHE
REGULATION OF DEVELOPMENT WITHIN FLOOD PLAINS (second readin~ and adoption) - It is necessary
to amend the flood plain regulations to comply with federal requirements and to clarify the language of the
regulations. StaffrecommendsCouncilplaceordinanceonsecondreadingandadoption. (DirectorofPublic
Works) /'ft~ q /
8. ORDINANCE 2383 APPROVING PCZ-90-K-M: t:l lxt INITIATED PROPOSAL TO lIEZONE
CERTAIN TERRITORY, GENERALLY BOUNDED BY MAIN STREET, RiOS AVENUE, AGRICULTURAL LANDS
ADJACENT TO THE OTAY RIVER V,a, IJ.RY AT THE SOUTHERN BOUNDARY OF THE CITY AND A LINE
THREE HUNDRED TEN FEET WEST OF DATE b-t-REET FROM ITS ~I-IY-ADOPTED COUNTY ZONE
CLASSIFICATIONS UTILIZF. n THROUGHOUT CHULA VISTA (second readin~ and adoption) - In all cases,
the proposed zone amendments are staffs best attempt to convert city-adopted county zoning to equivalent -~
/,
Minutes
August 7, 1990
Page 3
city zoning without adversely impacting development capability of the properties. Staff recommends Council
place ordinance on second reading and adoption. (Director of Planning) ///oq :~
9. ORDINANCE 2384 ESTABLISHING A DEW2/}PMENT IMPACT FEE TO PAY FOR DRAINAGE
FACILITIES IN THE TRt.F. GRAPH CANYON DRAINAGE BASIN {second reading and adonfion) - Staff is
recommending Council approve the establishment of the proposed fee district under Government Code
Section 66000 for Telegraph Canyon drainage improvement and place ordinance on second reading and
adoption. (Director of Public Works)
10. ORDNANCE 2387 APPROVINGPCZ-90-M: ¢da-IYINITIATEDPROPOSALTOREZONECERTAIN
TERRITORY, GENERALLY BOUNDED BY ORANGE AVENUE, MAIN STREET, FOURTH AVF2qUE AND
BROADWAY, PLUS AN ADDITIONAL AREA WEST OF BROADWAY Bb--rlfi/FT~r OXFORD STREET AND THE
SDGMi POWER RIGHT-OF-WAY SOUTH OF PALOMAR STREET, FROM THEIR CITY-ADOPTED COUNTY
ZONE CLASSIFICATIONS TO {.:IIY CI21-SSIFICATIONS UTILIZED THROUGHOLFF CHULA VISTA (,second
reading and adontion) - In all cases, the proposed zone amendments are the best attempt to convert City-
adopted County zoning to equivalent City zoning, keeping in mind consistency with existing land uses,
without adversely impacting development capability of the properties. Staff recommends Council place
ordinance on second reading and adoption. (Director of Planning) /qaq~
11. ORDINANCE 2388 REPFdtLING AND RE-ENACTING CHAFTER 2.09, AND AMENDING,
REPEALING AND RENUMBERING VARIOUS SECTIONS OF CI-IAPTER 2.10 OF THE CHULA VISTA
MUNICIPAL CODE TO CREATE THE DEPARTMENTS OF POLICE AND FIRE AND ABOLISH THE
DEPARTMENT OF PUBLIC SAFETY (first readins) - On 7/17/90 Council took action to approve the
-appointment by the City Manager of Sam Lopez as the new Fire Chief for the City of Chula Vista. The
proposed ordinance will clean up anachronistic language in the existing Municipal Code creating the Fire
Department, modernize the title to Fire Chief, as well as repeal the current chapter relating to the Director
of public Safety and replacing it with a new chapter creating the Police Department and its department head.
Staff recommends Council place ordinance on first reading. (City Attorney/Police Chief/Fire Chief)
)~q~ ·
12. "ORDINANCE 2389 ADDING SECTION 19.60.O41 AND AMENDING SECTIONS 19.60.545,
19.60.550, 19.60.560, 19.60.570 AND 19.60.580 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO
' POLITICAL SIGNS (first readins) - Council has requested that the City Attorney bring back it political sign
ordinance with the objective of making it more closely conform to current constitutional standards, and
hence making the ordinance more enforceable. Staff recommends Council place ordinance on first reading.
(City Attorney) Pulled from the Consent Calendar /~o~'~,
ORDINANCE 2389 pLACRD ON FIRST READING BY COUNCILMAN NADEK, reading of the text was waived.
Mayor Cox felt four months or 120 days was too long and that the ordinance should be amended to allow
political signs to go up at the time candidate filing closes. This would allow approximately two and one-half
to three months for politica] candidates and he felt this was also a more manageable time period.
City Attorney Boogaard stated the time period between two months and four months was untested. His
office was being conservative in recommending four months, with the thought that until a candidate
announces, there would be no practical motivation to put signs up. He felt the four months would
withstand easy constitutional challenge and not allow sign proliferation. If Council wished to change the
time to three months, he would have no objection.
Minutes
August 7, 2990
Page 4
MSC (Cox/Moore) to amend Ordinance 2389 to change the time period for posting of political signs from
four months to three months.
Councilman Nader expressed his concern over supporting the motion without the approval of the City
Attorney. He would rather have a law on the books that the City would be able to enforce.
City Attorney Boogaard responded that the staff recommendation was four months. He would be willing
to defend a three month limit if the Council is aware of the risks. Given the history of Chula Vista, no one
had challenged sign posting in the last fourteen years, he was comfortable with three months. He wanted
the record to reflect it was coextensive, approximately, with the filing period.
VOTE ON AMENDMENT: approved 3-02 with Councilmembers McC. andliss and Malcolm absent.
VOTE ON ORDINANCE AS AMENDED: approved 3-02 with Count~'lmembers McCandliss and Malcolm
absent.
Councilman Nader expressed his concern over several provisions of the adopted ordinance. He stated the
ordinance had a provision which gives a 24 hour notice period and a hearing before the sign can be removed
immediately. The past ordinance allowed for s~aff to remove. He felt that was appropriate and the
candidates should be aware of the rules. There should be an expeditious way to have the signs removed.
MS (Nader/Cox) refer back to the City Anorney the issue of expediting enforcement with a report back w
the Council, either with language amending the ordinance just adopted with the old enforcement
mechanism, or giving Council more detail if it is his opinion that the law requires the lengthy procedure.
Mayor Cox felt the issue of who actually owns the sign, property owner, candidate, etc. should be answered. -'
He felt the owner of the sign should be the candidate or campaign committee, not the property owner; and
the notice should go to the appropriate person.
Councilman Moore stated that due to language in the ordinance, his interpretation was that most of the
violations were subject to immediate removal.
Councilman Nader stated there was an exemption for the public fight-of-way violation from the notice and
hearing. He felt any violation should be subject to immediate impoundment.
City Attorney Boogaard concurred that the City would have the right to remove signs in the public right-of-
Councilman Moore noted that a parkway was also a right-of-way.
City Attorney Boogaard stated it was a general understanding that the meaning of fight-of-way included
parkways. He would include this in his report back to Council.
VOTE ON MOTION: approved 3-0-2 with Councilmembers MeCandliss and Maleolin absent.
Councilman Nader stated that since the City was doing away with the permit process, he felt it would be
advisable to have a one page sheet with sign requirements that could be given out with campaign disclosure
statements, etc.
/
Minutes
August 7, 1990
Page 5
13.A. RESOLUTION 15745 INTENTIONTOAPPROVEANAMKNDMENTTOTHEPERSCONTRACTTO
PROVIDE FOR ONE YEAR FINAL COMPENSATION TO FIREFIGHTERS - PERS conu'act amendment to
provide one year final compensation to Firefighters. Retirement benefits will be calculated using the twelve
highest paid consecutive months instead of the current thirty-six highest paid consecutive months. Staff
recommends approval of the resolution. (Director of Personnel)
B. ORDINANCE 2390 AUTHORIZIlqG THE AMF. NDI~*~'T TO THE PERS CONTRACT FOR
FIREFIGHTERS ('first reading) - Staff recommends Council place ordinance on first reading. (Director of
Personnel)
14. RESOLUTION 15746 ESTABLISHING THE COMPENSATION AND FRINGE BENEFIT PLAN FOR
UNREPRESENTED/UNCLASSIPIF. D EMPLOYFIS FOR FISCAL YEAR 1990 -91 - The resolution provides for
the establishment of a compensation plan for unrepresented/unclassified employees and revises the salary
and market basket amount for FY 1990-91. Staff recommends approval of the resolution. (City Manager)
15. RESOLUTION IS747 SUPPORTING AMICUS CURIAE BRIEF IN HUB CITIES VERSUS
DEPARTIVIFANTT OF LABOR - The purpose of the amicus curiae brief would be to advance the position .that
the Governor is required to approve a request to be a service delivery area as that term is used in the Job
Training Partnership Act not only because it meets the statutory requirements but also because the Governor
has approved smaller segments of the labor market, and this Act is viewed as inconsistent with his previous
approvals. Staff recommends approval of the resolution. (City Attorney) I~1~'o
16. RESOLUTION 15748 SUBMITI'ING TO THE QUALIFIED F.L.ECTORS OF THE CHULA VISTA A
VOTE ON T~VO PROPOSITIONS AIMENDING THE CHARTER OF THE CITY OF CHULA VISTA TO BE ADDED
TO THE BALLOT FOR THE CONSOLIDATED RI~CTION TO BE HRI.F~ ON TUESDAY, NOVEMBER 6, 1990 -
The Charter Review Committee has recommended two Charier amendments dealing with advisory boards,
committees or commissions. Approval of the resolution will add the two proposed Charter changes to the
ballot. Staff recommends approval of the resolution. (City Attorney) Pulled from the Consent Calendar
/q/~ I
Sue Miller, 46 Alvarado Place, Chnla Vista, California, Chairman of the Chula Vista Library Board of Trustees,
stated the first the Board heard of this was in the newspaper. The Library Board took exception to the poll
of Chairpersons on the last page of the Agenda Report. The Library Board was not contacted for their input,
the past Chairperson was contacted and asked to participate but was unable to do so. There were four
members of the Board, not two as stated in the report. They would like to go on record as being opposed
tol the change and ask why the Charter Review Committee felt it should be increased from five to at least
seven members.
Mayor Cox stated the poll was to see if they wanted the ability to make recommendations to Council with
less than a majority of the full membership in attendance. In reference to the size of the board or
commission, he had requested the Committee look at the size regarding the flexibility to allow a lexger
number of people on Charter established commissions. This would allow the Council to increase the size
without going for a Charter change each and every time.
City Attorney Boogaard stated the part of the Charter that establishes the Library Commission does not give
the Council authority to expand. The part of the Charter dealing with the Parks and Recreation Commission
does give the Council the authority to expand above five. He is currently processing an amendment to the
City Code which would expand the Parks and Recreation Commission, upon the recommendation of the
Charter Review Committee, for the Council's deliberation.
Minutes
August 7, 1990
Page 6
Mayor Cox stated he agreed with some of Mrs. Miller's concerns and questioned if it would be possible to
put in language identical to that for the Parks and Recreation Commission, for the Library Board. This could
be included in the proposed Charter change. As for the Civil Service Commission, he realized there was an
issue regarding this being a meet and confer item, but perhaps the Charter could be mended to specify that
it be five members or expanded if approved by the City Council, subject to the meet and confer process.
City Attorney Boogaard stated his office felt, based on the Seal Beach case, that it was necessary to conduct
meet and confer before submitting the item to the voters. He questioned whether it was Council's desire
to have an amendment to the resolution, which provides that the item be referred now subject to an interim
meet and confer process. He questioned the urgency of passage of the resolution to meet the election
requirements.
City Clerk Authelet stated the resolution needed to be at the Registrar of Voter's office immediately.
Mayor Cox questioned whether Council could allow a proposition to be on the ballot in November that
would allow the flexibility with the Civil Service Commission, but make any change that would be suggested
by the Council subject to meet and confer.
City Attorney Boogaard stated that due to the Seal Beach case, the City would have to go through a meet
and confer on the conditions even before submitting it to the voters.
Councilman Nader suggested that a proposition be placed on the ballot that stated, subject to a meet and
confer process taking place prior to November 6, 1990, this would be authorized to go into effect. The
proposition would only then go into effect after the meet and confer process.
City Attorney Boogaard stated he would have to research Councilman Nader's suggestion and draft
appropriate language.
Councilman Moore felt this could be dealt with at a later date and than another year would be a problem
in dealing with the Civil Service Commission.
City Attorney Boogaard recommended that Council deal with the resolution tonight, and if he could have
extra time from the County Elections Board, he would bring back an amending resolution Thursday night
to address that ballot measure.
Mayor Cox agreed that the flexibility regarding membership for the Civil Service Commission could be dealt
with at a later date. He asked Mrs. Miller if the Board would oppose an amendment that would keep the
Board at five members, but allow the Council the flexibility to increase the number of members.
Mrs. Miller felt that was reasonable and she thought the Library Board would agree to it.
Councilman Nader felt a proposition should be placed on the ballot which would authorize the Council in
the future to make the proposed change, subject to the meet and confer process, rather than the proposition
itself making the change.
City Attorney Boogaard stated it was his opinion that an amendment to the Charter could be placed on the
November ballot, which would keep the membership to five, subject to the meet and confer process. He felt
that would meet the requirements of the Seal Beach case, but he would still need time to prepare that
language. He would have to read into the record the proposed change in the actual language and the
proposed ballot proposition that was being discussed. He stated it was his understanding that Council
wished to have the number of Library Board members remain at least five and Counc~ would have the
Minutes
August 7, 1990
Page 7
authority to increase above five by ordinance. It was his recommendation that the language of Section 607
would be modified to (bottom of page 2 of the Agenda Report): "the Board of Library Trustees consisting
of at least five members' and the rest would remain the same including the additional language which was
added, "the number of members comprising the Board may be changed by ordinance of the City Council".
The ballot measure would be changed to read (back of the proposed resolution, line 4 of the first proposed
ballot measure): "An amendment to the Charter of the City of Chula Vista, amending Article VI, Section 607,
to increase the number of members of the Board of Libran/Trustees to at least five and add authority to the
City Council to further increase the number of members of the Board of Library Trustees by ordinance, if
the City Council determines such an increase above five members is desirable'.
MSC (Cox/Nader) to amend Section 607 and the ballot measure to reflect the recommendation of the City
Attorney. Approved 3-0-2 with Counc~members McCandli~ and Malcolm absent.
Mayor Cox stated the item would be trailed while City Attorney Boogaard drafted a possible amendment to
the ballot proposition regarding the Civil Service Commission.
Councilman Moore questioned whether there was a problem he was unaware of regarding the Commission
or if a request to expand had been received from the Commission. He did not feel this was an urgency item
and he would not support an amendment.
Councilman Nader stated it was his understanding that it was the recommendation of the Committee that
all Charter Commissions be expanded to seven members. He questioned whether there were any particular
reasons for expanding the Civil Service Commission. He also questioned whether there would be any harm
in not taking action on this recommendation for one to two years.
Mr. Campbell, Chairman of the Charter Review Committee, stated the Charter Commissions are the most
important and the Committee felt the Civil Service Commission should be expanded. The Committee also
felt there would be greater participation by the community and ease in conducting meetings.
RESOLUTION 15748 OP'I-'I~JZD BY MAYOR COX AS A_MENDED, reading of the text was waived.
City Attomey Boogaard stated it was his proposal to bring back for deliberation, an ordinance that would
increase the Park and Recreation Board from five to seven members consistent with the Chatter Review
Committee's recommendation.
Mayor Cox felt that the increase for the Park and Recreation Board should be referred back to the Park and
Recreation Commission and staff.
VOTE ON RESOLUTION 15748 AS AMENDED: approved 3-0-2 with Councilmembers McCandliss and
Malcolm absent.
Councilman Nader expressed his desire to establish a time-line for convening the Charter Review Committee
prior to the next election so there would be sufficient time for review.
lVlS (Nader/Cox) referral to the City Attorney to bring back a report to the Council, at the appropriate time,
outlining a proposed policy (in ordinance form, if the Attorney ~ it appropriate) for a particular amount
of time before an dection, when the Charter Review CommitTee should be convened.
Mayor Cox noted the Charter Review Committee was an Ad Hoc Committee and he felt the City Attorney
should review to see if there should be any modifications regarding their status and include in his report.
Minutes
August 7, 1990
Page 8
AMENDIVIENT TO MOTION: (CoX/Nader agreed to the amendment) to have the City Attorney review the
Ad Hoc status of the CharEer Review Cornmlttee and include any recornrnelldatiorl~ ill his repoit back to
Council.
VOTE ON MOTION AS AMENDED: approved 3-0-2 with CourleflrnenlbeB McCandliss and Malcolm absent.
Mr. Campbell requested direction regarding the recommendation to authorize the Charter Review Committee
to further study the City's experience with the Council/Mayor two-term limit to determine ff any change is
desirable and to refer the Charter-level community planning group proposal to the Planning Department to
report to the Charter Review Committee.
MSC (CoX/Nader) to refer the issues of the Council/Mayor two-term limit and the Charter-level community
planning group proposal to the Charter Review CommitIce and appropriate staff. Approved 3-0-2 with
Councilmembers McCandliss and Malcolm absent.
MSC (Cox/Nader) to refer the issue of increasing the Park and Recreation Cornminsion from five to seven
members to the Park and Recreation Commission and staff. Approved 3-0-2 with Councilmembers
McCandliss and Malcolm absent.
17. RESOLLrHON 15749 I~ON TO GRANT A CABLE TF..I.k'~/ISION FRANCHISE TO JONES
INTERCABLE, INC., AND SETFING A PUBLIC HEARING FOR AUGUST 21, 1990 TO CONSIDER THE
PROPOSED FRANCHISE - Jones Intercable has applied for a cable television franchise within the City of
Chula Vista. Negotiations with Jones have taken place over the last year, City Charter requires a public
hearing for consideration of awarding a franchise. Staff recommends approval of the resolution. (Director
of Finance) Pulled from the Consent Calendar
City Attorney Boogaard requested that Resolution 15749 be amended to add (in its title only, second line):
"intention to deliberate upon the grant ...". The language of the body of the resolution actually announces
that it is a notice of the hearing to deliberate upon the grant.
Donhie Clark, 10783 Jamacha Boulevard, Spring Valley, Vice-President of Development for Jones Intercable
spoke in favor of staff recommendation.
Ben Blackman, 10783 Jamacha Boulevard, Spring Valley, representing Jones Intercable, registered support
for the staff recommendations and stated he was available to answer any questions the Council may have.
Martin Altbaum, 581 "C" Street, Chula Vista, California, President of Chula Vista Cable, spoke in opposition
to staff recommendations. He stated that if Jones does not have anything in their franchise which would
make them service the older sections of the City that are not being currently serviced, Jones could very easily
go into the areas already being served at half the cost paid by Chula Vista Cable and not really service
anyone. Therefore, Council would be granting a franchise to someone that would have no value. They have
been working with Jones over the past several years on a joint venture. He has refused to sell to them for
the reason that there would be no benefit to sell to the residents of the community, as the rates would go
up and eventually force him out of business. By getting a new competitor in only the new sections, the City
will end up with the only competition they ever had in the old section and the $11.85 rate, $10.85 and
$9.95 will disappear. The City will have two large cable companies ~ith higher rates and Council will have
done nothing for competition.
Mayor Cox stated this was a resolution to establish a public hearing and he felt Mr. Althaum should express
his comments also at that hearing.
Minutes
August 7, 1990
Page 9
Councilman Nader questioned why it would cost Jones half as much as it did Chula Vista Cable.
Mr. Altbaum stated Jones would not have subscribers, which would save money on the cost of the boxes and
hook-ups, but they would take care of the problem they have in passing the homes. The City ends up with
no advantage and they have a franchise for a very small cost. He could not afford to go into a new
development and pay a $6.00 trench fee, his cost is $2.00, without draining the revenues he had anticipated
using to wire the older sections.
RESOLUTION 15749 OI-I,P_.RED BY MAYOR COX AS AMENDED, reading of the text was waived.
Councilman Nader stated the resolution set a public hearing, and this was nor a cur and dry situation. He
urged anyone with concerned to attend the public hearing to express their views.
VOTE ON MOTION: approved 3-0-2 with Councilmembers McCandliss and Malcolm absent.
18. RESOLUTION 15750 APPROVING REALLOCATION OF PROGRAM INCOME FROM HOUSING
REHABILITATION TO THE PARK DEVELOPMENT AT ORANGE AND FOURTH (HERMOSA) - During 1989- 90,
the City funded the CHIP housing rehab~itation program almost exclusively with Redevelopment funds
rather than CDBG funds. For 1990-91, Redevelopment funds are adequate to continue the CHIP program
at the current level of activity. The balance of approximately $235,000 in the CDBG Housing Rehabilitation
account can be reprogrammed for other CDBG-eligible activities. Staff recommends Council reprogram
$235,000 or the current balance from the CDBG Housing Rehabilitation Program to the Park Development
project at Orange and Fourth (Hermosa) Avenues. (D/rector of Community Development) I'Wo3
MS (Cox/Nader) m continue resolution 15750 to the meeting of.aug 14, 1990.
Chris Salomone, Director of Community Development, requested the item be continued indefinitely. He
stated Council may want to wait until Councilwoman McCandliss is back and he Understood there was a
possible conflict of interest with Councilman Malcolm.
City Attorney Boogaard stated he would not know, until Councilman Malcolm was present whether the rules
requiring legal participation could be imposed and he felt it should be continued.
19. RESOLUTION 157S1 APPROVING AGREEMENT CONCERNING RANCHO DEL REY AND
LOW/MODERATE INCOME HOUSING - As a condition of map approval, Rancho De1 Rey was required to
provide S% of the total project unit count as affordable units for low income families and S% of the total
project unit count for moderate income families within the Specific Manning Area. Rancho Del Rey
requested that the City acknowledge compliance. Staff recommends approval of the resolution. (Director
of Community Development)
20.A. RESOLUTION 15752 APPROVING AGRRRMENT WITH NATIONAL ta'lY FOR USE OF CHULA
VISTA ANIMAL SHELTER - Chula Vista p~-ovides animal shelter services for the cities of National City and
Imperial Beach. The agreements are being renewed m continue providing this service for FY 1990-91. Staff
recommends approval of the resolution. (Police ChieO
B. RESOLUTION 15753 APPROVING AGI~RMENT WITH IMPERIAL BEACH FOR USE OF CHULA
VISTA ANIMAL SHELTER - Staff recommends approval of the resolution. (Police Chief)
Minutes
August 7, 1990
Page 10
21. RESOLUTION 15754 WAIVING THE REQUIREMENT FOR COI~IPR'II-IIVE BIDS AND APPROVING
A CONTRACT WITH AMERICAN DIGITAL SYSTEMS [ADS) FOR THE INSTALLATION OF SE~/AGE METER
AT SEVEN OF THE CITY'S CONNECTIONS TO THE SPRING V,~IJ-R~ir SANITATION DI~-rRICT AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - In FY 1989-90, Council approved funds for
the installation of sewage meters at the City's connections to the Spring Valley Sanitation District sewer
trunk. The proposed contract with American Digital Systems (ADS) will provide for the installation of seven
sewage flow meters. Staff recommends approval of the resolution. (Director of Public Works) lqlo ?
22. RESOLUTION 15755 APPROVING AGBRF-MENT FOR PUBLIC WORKS CONSTRUCTION
INSPECTION SERVICES FOR FY 1990-91 BETWEEN TIE ta-lY OF CHULA VISTA AND B.S-I. CONSULTANTS,
INC. AND AUTHORIZING THE MAYOR TO EXECUTE ON BEHAI~ OF THE CHY - Council, in conjunction
with the FY 1990-91 budget process, authorized staff to obtain contractual construction inspection services
to meet the current construction activity demand. As a result of the RFP process, staff has negotiated a
contract with B.S.I. Consultants. It is estimated that the consultant will provide between 2,000 ar~.d 6,000
hours of construction inspection services at a maximum total cost of $300,000. Staff recommends approval
of the resolution. (Director of Public Works) 1"'t1~8
23. RESOLUTION 15756 SUPPORTING THE DESIGNATION OF SANDAG AS THE CONGESTION
MANAGEMENT PROGRAM AGENCY FOR THE SAN DIEGO REGION. - A congestion management program
agency must b.e designated as the preparer of such a program under the requirements of Proposition 111.
This resolution designates SANDAG as that agency. Staff recommends approval of the resolution. (Director
of Public Works] /'//~ ~
24. RESOLUTION 15757 ACCEPTING BIDS AND AWARDING CONTRACT FOR 'CONSTRUCTION OF
H STREET TLIRNODT AT THE CHULA VISTA SHOPPING CENTER IN TI-IE GIIY OF CHULA VISTA', On
7/25/90, the Director of Public Works received sealed bids for "construction of H Street Bus Turnout at the
Chula Vista Shopping Center". The project involves removal and disposal of existing improvements,
excavation and grading, asphalt concrete paving, curb and gutter, sidewalk, concrete bus turnout, bus
shelter, and information kiosk with lighting, irrigation system, landscaping, benches, trash contain.ers, traffic
contto], and other miscellaneous work. Staff recommends approval of the resolution and award contract
to Addax Construction Co. in the amount of $68,837.00. (Director of Public Works) /q/to
25. RESOLUTION 15758 ADOPTING A TRAFFIC MARKINGS AND TRAFFIC SIGNS POLICY AND
ADOPTING REVISIONS TO CHULA VISTA DESIGN STANDARDS - A traffic markings and traffic signs policy
will allow City staff to control the quality of traffic markings and signs, billing and ordering of signs, and
reduce delays in installing traffic markings and signs. Staff recommends approval of the resolution.
(Director of Public Works) /'W ~ /
26. RESOLUTION 15759 APPROVING A REDUCTION OF THE 45 MPH SPRRr~ LIMIT TO 35 MPH ON
TELEGRAPH CANYON ROAD FROM WEST OF CAMINO ENTRADA TO KA.ST L STREET - It has been
requested by an area resident that the 45 mph speed limit on Telegraph Canyon Road between Hilltop Drive
and East L Street be reduced and that school signs be added. Staff recommends approval of the resolution,
lowering the speed limit from 45 mph to 35 mph on Telegraph Canyon Road from west of Camino Entrada
to East L Street and that no school signs be added. (Director of Public Works) /'/1/~
Minutes
August 7, 1990
Page 11
27. RESOLUTION 15760 APPROVING AGREEMENT FOR ENGINEERING SERVICES FOR FY 1990-91
BETWEEN THE CITY OF CHULA VISTA AND W3'T.T.r~,,~NT ASSOCIATF. S TO PREPARE SEWER BASIN PLAN
AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT ON BEHALF OF THE CITY - To comply
with the Telegraph Canyon Basis Sewer Monitoring and Gravity Basin Usage Agreement enacted 1/23/91,
the City has negotiated a contract with Willdan and Associates m provide engineering services for the
Telegraph Canyon Sewer Basin Improvement and Financing Plan. Staff recommends approval of the
resolution. (Director of Public Works) 1~1ll3
Councilman Nader questioned whether the appropriation was required due to a new fiscal year or if it was
a new study. He referenced the pending sewer report and questioned if this was independent of what
decisions Council would make regarding Metro. He was concerned that the City not spend a great deal of
time and money on a study which may or may not be useful, depending on another study which is still
pending.
Cliff Swanson, City Engineer, stated it was a new study and there was no appropriation required as EastLake
was funding the entire study. It is a totally independent situation, there would be no connection on how
the City treats the sewage. It is talking about the capacity of up stream reaches of the Telegraph Canyon
line. The treatment would come as a separate phase, regardless of what the City does at this point.
RESOLIYHON 15760 OH.'F./~_~ BY MAYOR COX, reading of the text was waived, passed and approved 3-0-2
with CounciLmembers McCandliss and Malcolm absent.
28,A. REPORT CHULA VISTA GH1LS SOP-II3ALL LEAGUES REQUEST TO IMPROVE
PLAYING CONDITIONS AT ORANGE AM SOI.'I'IJALL F]F. LDS - A representative from the Chula Vista
Girl's Softball Association appeared before the Special Parks and Recreation Commission meeting on 7/7/90
and the Council meeting on 7/12/90 to request mediate action m alleviate some safety hazards and
approve modifications to improve the quality of the softball playing fields. Staff recommends approval of
the r~esolution and request for a special appropriation from the unappropriated general fund revenue to have
two new backstops constructed and installed. (Acting Director of Parks and Recreation) I'S'lt '1
B. RESOLUTION 15761 APPROViNG SPECIAL APPROPRIATION TO HAVE TWO NEW BACKSTOPS
CONSTRUC.-rl/D AND INSTAIJ.RF~ AT THE ORANGE AVENUE FIELDS
Staff requested a continuance on the Report and Resolution 15761 to study new information received -
continued to the meeting of 8/14/90.
29. REPORT ON pROCI~BURES FOR USING CHULA VISTA TRANSIT (VCT) VEH]CI.F_S
FOR LEASE AND CHARTER SERVICF_q - At their meeting on 7/10/90, Council referred to staff for evaluation
a request from Mr. John Sawici, President, Coronado Trolley Lines, to lease the Chula Vista trolleys. This
report discusses guidelines and procedures for CVT vehicle use in non-regularly scheduled transit service.
Staff recommends Council: 1) accept the report, and 2) recommend to the SCOOT Board the proposed rates
for special CVT services, and that the Transit Coordinator be authorized to sign .an agreement between
SCOOT and any entity requesting special CVT service. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
Minutes
August 7, 1990
Page 12
PUBLIC HEARINGS AND }il~.I),TED RESOLU'HONS AND ORDINANCES
30. PUBLIC HEARING COASTALDEVELOPMENTPERM1TFORINSTALLATIONOFFENCINGAND
GUARD RAIL IN THE MIDBAYFRONT - The City of Chula Vista Redevelopment Agency and Rohr Industries,
owners of certain property in the Midbayfront planning area, would like to install fencing and guard rail in
an effort to minimize unauthorized dumping. Staff recommends approval of the resolution. (Director of
Community Development)
RESOLUTION 15762 AUTHORIZING THE ISSUANCE OF COASTAL DEVELOPS PERMIT
NUMBER 046 TO THE CITY OF CHULA VISTA REDEVELOPMENT AGENCY AND ROHR INDDb-I-I~IKq FOR
THE INSTAI.t.ATION OF FF2{CING AND GUARD RAIL IN THE MIDBAYFRONT SUBSECT TO THE
CONDITIONS OF APPROVAL IN A'I'FAg A
This being the time and place as advertised, the public hearing was declared open.
There being no public testimony, the public hearing was declared closed.
RESOLUTION 15762 OFFERED BY MAYOR COX, reading of the text was waived, passed and approved 3-0- 2
with Councilmembers McCandliss and Malcolm absent.
31.A. PUBLIC HEARING PCM-90-18: CONSIDERATION OF SECTIONAL PLANNING AREA (SPA)
AMENDMENT FOR RANClIO DEL REY SPA I TO CONVERT pABCg-L R-11A FROM 154 DUPLEX UNITS TO
106 SINGLE FAMILY UNITS - On 7/11/90, the Chula Vista Planning Commission held a public heating and /)
unanimously recommended approval of the Specific Plan AmenQlment and Tentative Map as described in the
report and detailed in the findings and conditions, except Engineering condition number 20, page 3 of
Attachment #2. Staff recommends approval of the resolution subject m the conditions recommended by
staff. (Director of Planning)
This being the time and place as advertised, the public hearing was declared open.
Tony Latteri, Consultant, gave a review of the project and stated there was one discrepancy between staffs
recommendation and the Planning Commission's recommendation. Condition #20 (page a of Attachment
2) is worded the way staff is recommending it. The Planning Commission approve& "the developers shall
enter into an agreement whereby the developer agrees that the City may withhold building permits for any
units within the subdivision if traffic on Otay Lakes Road, East "H" Street, Telegraph Canyon Road, and
EastLake Parkway exceeds the level of service identified in the City's adopted thresholds." Telegraph Canyon
Road and EastLake Parkway were never included in the Public Facilities Financing Plan for Rancho Del Rey
SPA I, and it was not staffs intent to have it as a condition.
Councilman Nader questioned if it was staffs intent that if a particular street was not included in the Public
Facilities Financing Plan it would be exempt from the thresholds.
Cliff Swanson, City Engineer, stated the threshold standards apply and a project could be stopped. However,
with the approval of a tentative map with a specific condition, the streets originally put in, Otay Lakes Road
and East "H" Street, were the ones that were most relevant to this project. Staff is making all developers
aware of the threshold standards and that they could possibly be enacted in the future.
Councilman Nader questioned whether staff was applying threshold standards to all streets that impact a
project or just those included in the Public Facilities Financing Plan.
Minutes
August 7, 1990
Page 13
Mr. Swanson stated the threshold standards were applied to all streets.
Mr. Latteri stated there were conditions within the project that dealt with the overall City thresholds. This
one condition focused on four roads and the Public Facilities Financing Plan focused on East 'HM Street and
Otay Lakes Road and it caused confusion at the Commission level.
Councilman Nader questioned the conditions that he was referring to.
Mr. Latteri stated it was Planning Department Condition #21.
Councilman Nader questioned if Council adopted both, if there would be any interpretation that the only
streets applicable to the traffic thresholds would be those listed in Condition #20, or could it be stated that
under Planning Department Condition #21, all streets would be included.
City Attorney Boogaard felt clarification language could be added. Planning Department Condition #21,
could be modified with the addition of: "This condition shall operate independently of Engineering
Conditions' and he would request that the ambiguity be eliminated by making that change.
Craig Fukuyama, 2727 Hoover, National City, California, representing Rancho del Rey Partnership, stated
they do accept the conditions as modified by the City Attorney and he requested approval by the Council.
Victor A. Nolan, 12 Via Barberini, Chula Vista, California, stated he had been told the approval of the plan
was to be tentative upon 5% or more of senior/moderate income housing.
Mayor Cox responded that this would have to come back before Council as a final map and the 5% would
be spread out through the entire project. He stated a portion of SPA III was going to be designated as senior
housing.
There being no further public testimony, the public hearing was declared closed.
Councilman Moore questioned whether the conditions would change the general policy of the City.
City Attorney Boogaard stated a condition of the tentative map 'gives the City a strong enforcement
mechanism 9nly and the final is not recorded until the City is assured that the requirements are met.
Building permits may be withheld until the thresholds are complied with. He recommended that Condition
#21 of the Planning Commission be modified to: This condition shall operate independently of the
Engineering Conditions".
MS (Cox/Nader) to amend Condition #21 by adding the following sentence: 'This condition shall operate
independen~y of lhe Engineering Conditions'.
Councilman Nader questioned whether a sentence should be added to Condition #19 (page 9 of Resolution).
City'A~orney Boogaard requested Council amend Planning Condition #19A to include the same sentence.
A1VIENDMFA~IT TO MOTION: {Cox/Nader) to amend Plm~ulng Cornmission Condition #19A by adding the
following sentence: "This condition shall operate independenfiy of uhe Engineering Conditions'. Approved
:3-0-2 with Councilmembers McCandiiss and Malcolm absenL
RESOLUTION 1S763 REVISING SECTIONAL PLANING AREA TO CONVERT DUPLEX AREA TO
SINGLE FAMILY AREA (R-11A)
Minutes
August 7, 1990
Page 14
RESOLUTION 15763 O~'~Ed!ED AS AIVlENDEI) BY MAYOR COX, reading of the text was waived.
Councilman Nader questioned whether there was a condition regarding landscaping with drought tolerant
native plants.
Mr. Leiter, Director of Planning, stated the City had a landscaping manual which addressed this issue and
is applied to all projects within the City.
Councilman Nader questioned whether the manual had been mended to include the verbiage previously
requested by Council regarding drought tolerant native plants.
Mr. Leiter stated the manual had not been mended, but staff had reviewed Council's desires with the
Landscape Architect and the developers had been made aware of the requirement.
M ('Nader) to add a condition that explicilty requires landseaping be done with native drought tolerant
plants. Motion died for lack of second.
Mr. Latteri stated Planning Department Condition #7, last sentence, states landscaping is to emphasize
native drought resistant plant material.
Councilman Nader stated he was not comfortable with the terms ~to emphasize~, and felt due to the water
problems they should be required.
MS (Nader/Cox) to amend Planning Department Condition #7 to remove 'emphasize' and insert 'shall
utilize entirely native drought resistant plant material*.
Councilman Moore questioned why they were using Engineering Department Conditions.
Mr. Leiter stated it had been a tradition, and staff felt it should be revised to have a sequential numbering
system.
Mayor Cox expressed his concem over the areas, such as entries, which might need other than native
drought resistant plant materials. He felt there should be some flexibility for the project.
Councilman Nader felt if there was a real need for that, it should be brought to the Council's attention. He
also stated that Council had seen some very nice examples of native drought resistant plants on the last tour.
Mayor Cox stated that if there was an ability to use reclaimed water, it should be added to the Condition
as an incentive.
AMENDMFaNT TO MOTION: (Nader/Cox) to add: *or utilize reclainled water for any necessary irrigation*.
Councilman Moore felt there should be a Council policy for staff and developers to adhere to which states
"these areas will be planted in other than~ and include the rational for it, rather than stating
VOTE ON MOTION: approved 3-0-2 with Counr~members McCandiiss and Malcolm absent.
VOTE ON RESOLUTION 15763 AS AMENDED: approved 3-0-2 with Councilmembers McCandliss and
Malcolm absent,
Minutes
August 7, 1990
Page 1S
B. PUBLIC FIEARING PCS-90-14: CONSIDERAT[ONOFTENTATIVERESIDENTIALSUBDMSION
MAP FOR RANCHO DEL REY PHASE 5, UNIT 1, LOT 77, CHULA VISTA TRACT 90-14 LOCATED ON THE
NORTH SIDE OF RANCHO DEL REY PARKWAY AT PASEO RANCHERO - Staff recommends approval of the
resolution subject to the conditions recommended by staff. (Director of Plarming) /ql/8
RESOLUTION 15764 APPROVAL OF 108 LOT TENTATIVE MAP
RESOLUTION 15764 OI.'F,~ED BY MAYOR COX, reading of the text was waived, passed and approved 3-0-2
with Councfimembers McC. andliss and Malcolm absent
Councilman Moore requested that future conditions be presented to Council as "City Conditions".
OTHER BUSINESS
32. ORAL COMMUNICATIONS
32a. Robert Vega, 1108 Hilltop Drive, Chula Vista, California, stated he had received a letter from the
Safety Commission regarding a left-turn to be installed. This is the fast commtmication he had received and
he did not want the turn as the curb in front of his house would be painted red and he would not have
parking places for his vehicles. Iql/9
Cliff Swanson, City Engineer, stated the item would not be scheduled to come back to Council once Safety
Commission approval had been received.
MSC (Cox/Moore) to refer to staff for a report back to Council. Mr. Vega is to be noticed of the date it is
to appear before Council. Approved 3-0-2 with Counciknembers McCandliss and Malcolm absent.
Councilman Moore felt staff should look at the bus stop contiguous to the left-hand turn and the no parking
area.
32b. William E. Claycomb, 457 Delaware Street, Imperial Beach, California, representing Save Our Bay,
Incorporated, spoke in opposition to the Nautical Activity Center. He felt the increased boat traffic would
result in further decline of water fowl in the area. /ql ~0
Mayor Cox responded that all interested parties and organizations were notified regarding meetings for the
Nautical Activity Center. The consultant hired by the Port District is currently studying all alternatives, and
part of the process is also working with the federal and state wildlife agencies. He looked forward to the
conclusion of the feasibility study.
32c. Victor A. Nolan, 12 Via Barbarini, Chula Vista, California, expressed his concern over the lack of
public transportation in the late evening hours.
MSC (Nader/Moore) to refer Mr. Nolan's concerns, regarding late evening Wansportation, to staff for an
information report back to Counc~. Approved 3-02 with Councilmembers McGandliss and Malcolm absent.
33. ITEMS pULI.RD FROM THE CONSENT CALENDAR (Items pulled: 12, 16, 17, and 27) Minutes
reflect the published agenda order.
Minutes
August 7, 1990
Page 16
34. CITY MANAGER'S REPORTfS)
Assistant City Manager Asmus informed Council of three worksession that would be held during the month.
August 16th, scheduled after the Redevelopment Agency meeting, will deal with Otay Ranch, which was a
continued item from a previous workshop, and discussion of the Library on Orange and Fourth Streets.
August 23rd will deal with the Growth Management Program which was continued from a previous
workshop. August 30th will deal with the Water Task Force and Chula Vista 2000.
Councilman Nader requested that the extra workshop (August 30) be scheduled for 6:00 p.m. to
accommodate work schedules.
Mayor Cox stated he would have to leave the meeting on August 16th at 7:30 p.m. in order to attend an
accreditation dinner for the Nature Interpretative Center.
35. MAYOR'S REPORT(S)
a. Ratification of Appointment: International Friendship Commission - None
b. Invited the public to attend the Otay Ranch Workshop on Saturday, August 11, 1990, 8:00 a.m. to
4:00 p.m.
36. COUNCIL COMMF2q'I~
a. Councilman Nader:
Thanked those expressing their concern regarding his illness.
Expressed his concern over action taken by Council, regarding the sewer fee, while he was out. He
requested clarification from staff regarding the increase being applied across the board. Is it the same
percentage to the regular and low income rate or would the low income rate stay where it was.
Assistant City Manager Asmus stated he could not answer the question, but he believed Councilman Nader
was correct.
He questioned whether this could be placed on a future agenda, to make any necessary adjustments so
Council would not be defeating the purpose of having a low income rate.
Councilman Moore stated there was a referral ro staff to review usage and he felt this could fall into that
category.
Assistant City Manager Asmus stated there was a report due back to Council and Councilman Nader's
concerns could be also be addressed in the report.
Councilman Nader stated that would be fine as long as the report was received before the rate increase goes
into effect.
Minutes
August 7, 1990
Page 17
Referenced an article in the LA TIMES regarding air quality standards. He felt it underscored the importance
of reviewing environmental impacts of a project as to the impacts on human beings. He hoped Planning
Staff would take a fresh look at this issue.
b. Councilman Moore:
Remarked that the State had mandated a Traffic Management Program and questioned what the tentative
date was for review by Council.
Cliff Swanson, City Engineer, stated the City was working with SANDAG, and would adopt a system for the
entire county.
Assistant City Manager Asmus stated he was unaware of the City taking such a detailed role and staff would
have to research the item.
Councilman Nader felt it would be appropriate to have staff report back with the City requirements and the
timelines.
c. Councilman Malcolm:
Receiving Police O, fficer Association Approval for Use of Police Building by Politicians - That the Council
deliberate upon, and ff it so chooses, to take any action with regard to, the general issue of using public
buildings for political purposes, including but not limited to the imposition of conditions precedent to such
use, and the specific issue of the use of police buildings for political purposes, and imposing thereupon the
condition, among possible others, that such use should receive the approval of the Police Officers
Association. Continued to the meeting of August 14, 1990.
ADJOURNMENT
The City Council met in closed session at 6:25 p.m. to discuss:
Instruction to negotiators regarding compensation for represented and unrepresented employees (or
both) and City Clerk pursuant to Government Code Section 54957.6.
ADJOURNMENT AT 7:15 P.M. to the Regular City Council Meeting on August 14, 1990 at 6:00 p.m. in the
City Council Chambers.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
by: NN '
Vicki C. Soderquist, Deput~, ~ity Clerk