HomeMy WebLinkAboutcc min 1991/07/16 MDIUIF. S OF A REGULAR MI~-iING OF THE
La'IY OF CHULA VISTA
Tuesday, July 16, 1991 Councfi Chambers
6:15 p.m. Public Services Building
1. ~ TIIE ROLI~
PRESENY: Councilmembers Grasser Hotton, Moore, Rindone, and Mayor Nader.
ABSENT: Councfiman Malcolm (attending a Coastal Commission Meeting)
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Vieki
C. Soderquist, Deputy City Clerk
2. p~J~rx3E OF .AII.F-GLANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: June 11 and June 18, 1991
MSC (Rindone/Moore) to approve the minutes of June 11 and June 18, 1991 as presented. Approved 3-0-1-
1 with Cotmeflman Malcolm absent and COtlllCi]WOm:~n G~ Hotton abstaining.
4. SPEOAL ORDERS OP TIlE DAY:
a. Recognition of Foreign F. xeh~nge Smdenls from Irapuato, Mexico - Certificates of Recognition were
presented by Councfiman Moore to: Carlos Pacheco Tirado, Orlando Hemandez, Rose A. Ramirez Ochoa,
Francisco Mosqueda Gallogos, Salvador Carillo Cueva, and Adriana Cottea J., Coordinator, Urnia Family,
Viesca Fatally, Masters Fainfly, Sevilla Family, Fox Family, and Capetanakis Family. A Proclamation of
Appreciation was presented to Adriana Cortez Jlmenez.
b. Announcing official commencement of Traytier Information (Radio) Station Ope~tions - The City
and the Chula Vista Chamber of Commerce will 'throw the switch" to announce official commencement of
the City's new short-range radio station (AM 1610). Mayor Nader and Jim Biddie, President of the Chamber
of Commerce 'threw the switch' for the City's new short-range radio station.
CONSENT CP, T~I',,"DAR
(Items pulled: 7 and 9)
CONSENT CALENDAR AS AMENDED OFFERED BYMAYOR NADER, readinE ofthe text was waived, Passed
and approvt'd 4-0-1 wit Coun,-,'!man Malcolm absent. Counu]man Rindone abs~Ined from vetlng on
6, 12, and 14.
5. Wlh-rir.,N COMMUNICATIONS:
a. Onims against the City - Peter Aardema, c/o Royce, Grimm, Vranjes, McCormick & Graham, Attorney
at Law, 185 West 'F" Street, Suite 200, San Diego, CA 92101. It is recommended that the claims and
amended claim filed by Peter Aardema and Condor Carriage Company be denied.
Minutes
July 16, 1991
Page 2
b. Petition requesting paving of alley on !~_lm Avenue - Property Owners on Madrona, Cypress and
Minot. It is recommended that this request be referred to staff for study and a report and recommendation
be brought to Council in August. /5~
c. Letter requesting waiver of Conditional Use Permit and Environmental Study fees for a Culturally
Spelltic Man's Recovery Home - Roger Cazares, Executive Director, MAAC Project, 140 West 16th Sl~eet,
National City, CA 92050. It is recommended that, consistent with Council policy regarding waiver of fees
for nonprofit organizations, the fees for the Conditional Use Permit and Environmental Study be waived.
6. ORDINANCE 2465 lIEZONING (I~.TAIN TERRITORY KNOWN AS SUBAREA 2 OF PART m,
WITI-flN STLIDYARF, AB, AND GENF. RALLYLOCATED WITHIN (~..NTRAL O-KII~VISTACOMMUNITY, EAST
OF FOURTH AVENUE B~-IWF_,F_.,N "E" AND DAVIDSON ~, TO REQUIRE A PRECISE PLAN FOR THE
DEVFjX)PMF_,NT OF PAR c~.l _~ WITHIN THE ARF.~ DEPI~-I ~D ON D~-ffBIT A (second readinz and adoorion) -
',Staff recommends Council place ordinance on second reading and adoption. (Director of Planning)/~/~
Coun~lman Rindone sintad he would abstain from parlicipation and voting as the area was located within
300 feet of his home.
7. ORDINANCE 2464 AMF. NDINGSECTION9.20.020,9.20.040,9.20.045,9.20.050ANDADDING
SECTION 9 20.035 TO CHAFTER 9 ~.0, PROPERTY DEFACF. MENT, OF THE CHULA VISTA MUNICIPAL CODE
(second reading and adol}tion) - The proposed ordinance will add a section not permitting graffiti to remain
and amend sections to include the regulation of displaying aerosol paint containers and felt tip markers,
enforcement of wrongful storage offenses, parental civil responsibility for damages, and civil responsibility
for damages wrongful display or storage. Staff recommends Council place ordinance on second reading and
adoption. (Director of Public Works) First reading of ordinance was at the 6/18/91 meeting. Pulled from
the Consent Calendar. 15 ~'11
Mayor Nader expressed concern over the approach of placing the burden on businesses and property owners
to the extent of making it a criminal offense, i.e. a homeowner having an unlocked spray container of paint
or requiring business owners from not only selling these items to minors but also requiring them to keep
them locked up which results in additional expense to the owner. He had additional concerns in making
it a criminal offense if a property owner did not remove graffiti within seven days. He would suggest that
as a substitute that the City use the Civil Nuisance Law. He stated he had not had time to review the model
graffiti ordinance that was handed out to Council tonight and felt it wise to continue the second reading
to allow the Council time to review the information.
Counc~man Moore expressed concern over costs to the City to enforce the program and how it would be
enforced when involving private citizens.
Mayor Nader expressed concern over the liability to the citizen in case of break-in, etc. He would agree to
penalties if the person knowingly allowed minors to abuse such items.
City Attorney Boopard responded it would not apply to a break-ins if the materials had been under lock
and key at the time. He envisioned that citizens would adhere voluntarily and therefore did not envision
criminal enforcement.
Mayor Nader suggested that the criminal penalties for failure to lock'Up the material, i.e. homeowners and
businesses, be eliminated and replaced with civil liabilities for damage. Criminal penalties for properly
owners who do not remove graffiti within seven days should be removed and add a provision that would
Minutes
July 16, 1991
Page 3
declare graffiti a nuisance and allow the City or it's designee, after seven day notice to the property owner,
to enter the properly f(~r removal.
City Attorney Boogaard stated the handout was a comp~ation of 35-40 graffiti ordinances throughout the
state. This is a comprehensive approach in controlling graffiti including fourteen new concepts. Staff would
like to review it with the Graffiti Subcommittee, submit it to the San Diego League of Mayors and
Councilman, and the City Attorney's Association for review. The ordinance is designed to be modular so that
cities could pick and choose sections they want.
David Byers, Assistant Direcwr of Public Works, stated that Southbay Community Services had informed him
that they were having a problem in obtaining permission from some property owners to enter property and
remove grafiiti. It was felt that the ordinance enacting a requirement to remove the graffiti would help the
property owners as they would not feel so intimidated by gang activities. Staff would therefore request that
the ordinance be adopted.
MSC (Moore/Rindone) adopt amendment by the City Attorney, rogardin~ enttance to propen'jr for removal
and chan~g the O-[rn~na] liability, without being brought back to Council. Ordinance is to be brought back
in dx months for reiew. Approved 4-0-1 with C, ount'nrn~n MalcOlm absent.
Councilman Rindone stated he could support the motion and congratulated staff for their efforts. He felt
City leadership was needed to let the citizens know that graffiti will not be accepted.
ORDINANCE :?A640 AS KIVlENDED, PLACED ON SECOND READING AND ADOFHON BY COIJNc~MAN
MOORF~ reading of the text was waived.
City Attorney Boogaard stated that if Council wanted to delete the residential criminal responsibility,
Subsections D of ,040 and .045 should be deleted including the enforcement policy. This would delete as
a criminal act the storage of those items for both residential and commercial. That would still leave the
wrongful display provisions which applies only to businesses.
Mayor Nader questioned whether Subsection A of 9.20.050 should be deleted regarding erimina~ penalties,
City Attorney Boogaard responded he would rather have it deleted than not mean anything. '! ids would
make a violation of the Chapter punishable either as an/nfnction or misdemeanor.
Mayor Nader stated that Counc~ would not want to delete that section as it currently deals ~, existing
graffiti offenses.
Councilman Rindone stated that this provides the City the opportunity to direct a property ow~; ~o clean
up gra~ti within seven days and if they do not comply, allows the City to enter the properil ~d then
charge the owner for dean-up.
MSC (Moore/Nader) to delete Subsections D of .040 and .045. Apptuvgd 4-0-1 with Coun~'~rn~ ~,!aleolm
Mayor Nader stated he would like to see a provision that would declare graf~ti as a nuisance a failore
to remove in seven days, after notice, would constitute permission for the City, or its desiguee, tc ~er the
property and remove the gral~ti.
Minutes
July 16, 1991
Paffe 4
City Attorney Boopard stated the removal and lien procedures located in 7.3 of the model grafi~ti ordinance
'would cover Mayor Nader's concerns. This would be a substantial change to the ordinance and would
require a new first reading.
Mayor Nader recommended striking 9.20.035 from Ordinance 2464 and direct the City Attorney to come
back hen week with an ordinance that provides a civil nuisance remedy that gives the City the right to
remove ~afiiti without the property owner's permission after proper notice.
Councilman Rindone stated that the City had that provision in this ordinance but 9.20.035 does provide an
additional option in case there is no compliance or effort.
Mayor Nader responded that the section he recommended striking did not give the City the authority to
enter the propen? but did give the City the right to enter into criminal prosecution against the propen?~
owner. He would prefer to have a provision that would allow the City to enter the propen?.
· ~,"ity Attorney Boogaard recommended a policy which would state 'before instituting criminal prosecution,
staff would repo~ to the Council via a public agenda item'.
Councilman Kindone felt there was a built in safeguard with the policy requiring any case to be brought
before Council before instituting a'/minal prosecution.
Mayor Nader stated he disagreed because of the philosophy that a law should not be enacted if there was
not intent of enforcing; and that the policy suggested by the City Attorney would not be upheld by the
City Attorney Boogaard stated that what would be brought back to Council for approval would not be the
case itself but would be the ordinance for reconsideration end possible deletion. The courts would not allow
~iving the City prosecutorial powers.
AMI~'DMBNT: (Nader) strike Subsection 9.20.035 from the ordinance. Motion died for lack of second.
Mayor Nader questioned whether there was a provision in the ordinance that would allow the City, if aftor
seven days the propen? owner rafts to remove graffiti, the right to enter the propen? end remove the graffiti.
City Attorney Boogaasd responded that it was not included in the ordinance tonight but would be brought
back as soon as possible for Council consideration.
Mayor Nader also felt the civil liabilities section, Subsection B of Section 9.20.050, should also be amended.
Rather than restricting liability to a situation where one knowingly allows his/her child to possess the
materials, he felt that knowingly allowing any person to possess the materials with the consequence that
~.he materials are used to ddace property should ezpose one to the liability described.
City A~torney Boogaard responded that it could be achieved by adding on the first line 'any adult person'.
This would be a substantial modification that would require a new first reading.
Mayor Nader stated that rather than having to go through an additional first reading he would prefer that
the City Attorney bring back an amendment to the ordinance regarding the civfi liabfiities and nuisance
remedy.
Councilwoman Grasser Hotton questioned how notice would be given regarding the removal of graf~ti
within seven days.
Minutes
July 16, 1991
Page 5
City Aztorney Boogaard responded that written notice would be given to the person in charge of the
properly. If the notice/s never received, the seven day period would not commence to run.
Mayor Nader questioned whether there was a provision in the ordinance for criminal penalties for unlawful
display.
City Attorney Boogaard responded that Subsection C of .040 and .045 provided for criminal penalties for
unlawful display.
AMENDMENT: (Nader) amend Subsection C of 9.20.4340 and 9.20.045 to add a sent-nee *Violation of this
Subsection ~ e~pose the violator to ~ responsibility as de~ribed in Section 9.20..050 Subsection C but
not to criminal penalties'.
City Attorney Boogaard advised Mayor Nader that it would be a substantial change and would require an
additional first reading.
MOTION WITHDRAWN: (Nader) on the advice of the City Attorney.
Mayor Nader stated he still had a philosophical disagreement with the criminal penalties. He felt the City
should be allowed to enter property for the removal of graffiti and therefore supported strong civil penalties.
There needed to be something on the bool~ and with the six month review he could support the package
as a whole.
VOTE ON ORDINANCE 2464 AS AMENDED: appn:~ved 40-1 with Coupv,~mJn Malcolm ab~nt.
MS (Nader/Rindone) to direct the City Attorney to return with and ordinance to include: 1) declare graffi~
left on private property, after seven day notice, a nuisance which could be abated by the City or its designee;
2) ,r. move criminal penalties for wrongful display but retain civil penalties.
City Attorney Boogaard advised Council that the civil penalties would only come into play when an act of
vandalism was detected as a result of it's violation. As a criminal matter, the City could require the stores
to lock them up or receive a citation regardless of knowledge that an act of vandalism occurred as a result
of its violation. It would result in broader and better compliance i~ lef~ a criminal act.
VOTE ON MOTION: approved 4-0-1 with Coun~,'!m~n Malcolm absent.
' MSC (lVloore/Rjndune) provide ~aff with copies of the county-wide ord{n~nce for distn'bu~on to the Gra~ti
Task Force and the Chamber of Comm~'ce for review. This is to include amendmant~ made to the ordinance
adopted tonight. Approved 4-0-1 with Counr,~m~n Malcolm absent.
8~. ORDINANCE2469 AUTHORIZING AN AMENDlV!E~T TO THR CONTRACT WiTH THE BOARD
OF ADM]NI~IRATION OF THE PUBLIC EMP~ ~ SYSTEM ffir~t readin~ - Action will
amend the City's Public Employees' Retirement (PERS) contract to provide for Section 20020.1. Staff
recommends Council place the ordinance on first reading and approve the resolution. CDirector of
Personnel) /~'/.~
B. RESOLIYrlON 16253 INI~rl'IONTO APPR0VEAN~%~'~DMENTTO(X)NTRAL~TBRTWEENTI-~
BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' I~-~meV!ENT
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july 16, 1991
Page 6
9. RF.,SOLUTION 16233 RATIFYING AGI~I~I~!ENT WITH JOHN BURNHAM is, ND COMPANY FOR
BENEFrr CONSULTING S~RVI(~S AND AUTHORIZING THE MAYOR TO I[X~CUTE SAID AGI~-MENT - Six
proposals for benefit consulting services were received and evaluated by a Health Insurance Committee. On
the basis of the Committee's evaluation, it is recommended that John Bumha & Company be retained as
consultant for the Civfs various employee benefit programs. Staff recommends approval of the resolution.
(Director of Personnel) Continued from 7/9/91 meeting. Pulled from the Consent Calendar. / 5~{ ~ 3
Counc~woman Grassar Honon questioned whether consideration was given w the fee schedules and rates
during the evaluation of the firms. She felt the amount of insurance for Errors and Omissions should be $1
million at a minimum rather than the $250,000.
Diana Levin, Risk Manager, responded that all firms came in anywhere between $30,000 to $35,000 and
was token into consideration during review. It was not felt that the consequence of error was more than
$250,000 and that was why that limit was seL
Councfiman Rindone thanked the staff for an excellent job in addressing his concerns. He felt the City
needed to be careful regarding the use of consultant and felt this one was appropriate. This was a dynamic
field that changed rapidly and he suggested the City look at combining resources with other agencies and/or
organizations regarding health insurance.
Mayor Nader questioned if the consultant was also an insurance broker. He had concern expressed w him
that some input the Council was getting on the advisability or lack thereof of certain plans suggested by
some of the employee groups might be affected by the fact that insurance brokers that serve as consultant
might stand to profit from insurance plans. He did not see anything in the repoil that would alleviate that
COnCelTI.
Mrs. Levin responded that John Burnhem and Co. were broken but would not be acting in that capacity for
the City.
RESOLUTION 16233 OFFERED BY COUNCILMAN MOORE, reading of the tex~ was waived, passed and
approved 4-0-1 with Couvenman Malcolm absent.
MS (Grasser Hoaon/Nader) to raise the Errors and Om~,Lsions liability to $1 mnlion.
City Attorney Boogaard stated il:there was a problem in obtaining the $1 mffiion coverage staff would bring
the agreement back to Council,
VOTE ON MOTION: sppxvved 4-O-1 with Cotm,'~'lmsn Malcolm absenL
Mayor Nader requested that staff be aware of his concerns and address this issue in future reports to the
Counc~.
10. RESOLUTION 16254 AUTHORIZING AG/~I~-~MElqT WFrH YVONNE T. QUIN FOR USE OF
~CIAL OFFICE SPACE FOR THE CASTLE PARK/OTAY BRAN~I LIBRARY - The lease commences
7/1/91 and will expire 6/30/92 with an option to renew for four years on a cost of living formUla. Staff
recommends approval of the resolution. (Library Director) I ~/'/
11. RESOLUTION 16255 AlYrHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR A
SYMPHONY CONCERT AND TO ENTER INTO INDEMNIFICATION AG~-MF. NTS- The City in conjunction
Minutes
July 16, 19~1
Page 7
with the San Diego Unified Port District is planning to host the San Diego Symphony Pops Orchestra for a
concert at Marina View Park on Sunday, July 21, 1991. Staff recommends approval of the resolution.
(Director of Parks and Recreation)
12. RESOLUTION 162S6 AUTHOP~ZING A OtANG~ ORDER TO THE 1990/91PAVF. aMF_a~rr OVERLAY
CONTRALT AN~ APPROPRIATING FUNDS FROM TH~ UN~oPROPRIATED BALANC~ OF THE GAS TAX
FUND o Sweetwater Authority is completing a water main replacement project in ~* Street between Second
and Fit~ Avenues. Since "E" Street also requires some pavement maintenance work, Sweetwater Authority
and City staff are proposing a joint overiay project Staff proposes adding the work to the existing overlay
project contract with Sim J. Harris Company as a change order. Sweetwater Autho~ty will pay their share
at approximately$30,000. Staffrecommends approval ofthe resolution. (Director ofPublicWorks) 4/Sth's
vote required. /~/~,
Cotma'lm~n R~ndone stated he would abstain from paz~dpation and ~oting as the area was located
300 feet of his hom~
City Manager Goss recommended that t~e item be continued for one week as it required a 4/Sth's vote.
Consensus of the Council to continue Resolution 16256 to the meeling of july 180 1991.
13. RF, SOLUTION 16257 APpROVINGF. NCROACHMDrrPERMITNUMBERPE-234FORRETA1NING
WALL AT 119 FIRST AVEIqUE - The City is installing curb, gutter and sidewalk along a portion of First
Avenue as part of a 1911 Block Act project. In order to do this work in front of 119 First Avenue, a retaining
wall must first be built due to the existing topography. A portion of the wall is eight feet in height. Staff
recommends approval of the resolution and authorize the City Engineer to issue the permit. (Director of
Public Works) ~ ~/~
14. P,F, SOLUTION 16258 APPROPRIATING FUNDS AND DIRECTING STAFF TO EN1T~ INTO AN
AGRF/.MENT WITH THE PROPERTY OWNERS OF PARCEL 618-152-16 (1070-1072 ~'u~IPI AVENUE) FOR
DRAINAGE IMPROVEMENTS ADJACENT TO THE FIFFH AVENUE STREET IMPROVEMENT PROJECT FROM
eL* b'l]l~T TO NAPLES STREET - The property owners of 1070-1072 Fif~ Avenue are requesting in
accordance with the City's drainage policy for lateral channels that the City participate in improving the
drainage fac~ity across their driveway. The policy states that the City may panic, ipata in up to 51)% of
improvements for lateral channels. 'This proposed drainage improvement would consist of a rectangular
concrete channel connecting to the City's existing facilities at Fifth Avenue and extending westerly to the
existing corrugated metal pipes. Staff recommends Council appropriate $37,000 and approve the resolution.
(Director of Public Works) 4/5th's vote re~lulred. /{{/8
Councilman Rindone stated he would absUgn from pasfidpation and voting on this item.
City A~t~rney Boogs~rd stated that Councilman Kindone's abstention was not mandatory or due to a financial
corffiia.
Consensus of the Council to continue Resolution :16258 to the meeting of july 18, :1~}1o
15. ~LUTION 16259 APPROVING THE SUBMJi-[AL OF APPLICATION FOR STATIi-~
TRANSPORTATION DF, aVIONb-~RATION PROGRAM (STATE SF. NATE BILL SB-300) THIRD CYCLE FUNDS -
Minutes
July 16, 1991
Page 8
SB-300 created the Transportation Demonstration Pro~rn to identify and consn'uct locally supported
projects with a minimum of State planning and review. Staff has prepared an application package to
CalTrans, the agency administering State-Local Transportation Demonstration Prodcams and on 6/28/91
submitted said package. A Council resolution approving submittal of the application is required. Staff
recommends approval of the resolution. (Director of Public Works) /Ss/~
16.A. RESOLUTION 16260 APPROVING AMENDMENT TO AGIe~:~!ENT WITH SW~Lq~t/ATER
AUTHORITY TO PROVIDE FOR COl 3 ~CTION OF STORM DRAIN FF, ES - On 12/8/91 the U.S. Environmental
Protection Agency proposed regulations for the issuance of National Pollutant Discharge Elimination System
CNPDES) permits to regulate storm water discharge into the waters of the U.S. The final version of these
regulations were issued on 11/16/90. These permits will require agencies discharging storm water to
develop management programs for the control of pollutants. The City established a storm drain fee by
enacting Ordinance 2463 on 6/18/91. The storm drain fee will pay for the establishment and
implementation of the NPDES program. Amendments to the agreements with the Sweetwater Authority and
the Otay Water District will be needed to provide for the collection of said swrm drain fees. Staff
recommends approval of the resolutions. (Director of Public Works) /
B. RESOLUTION 16261 APPROVING/M~iNDMENT TO AG~k'3~MENT WITH OTAY WA-t~2t DISTRICT
TO PROVIDE FOR COu~CTION OF STORM DRAIN FP-~
Consensus of the Council to continue Resolutions 16260 and 16261 to the meeting of July 23, 1991.
17. RESOLUTION 16262 AC(I. FI'INGCONTRACTWORKFORTHEBONITAROADWIDENINGFROM
FLOWER STREET TO BONITA GLEN DRIVE IN THE U1Y; AND APPROPRIATING FUNDS THEREFORE - On
11/6/90 Council awarded a contract in the amount of $218,699.83 (including contingencies) to L.R.
Hubbard Consu'uction Co., Inc. The total cost of the project, however, exceeded the budgeted funds by
$16,878.80 for staff time. It is necessary, therefore, that this amount be appropriated from the
unappropriated Gas Tax Fund. Staff recommends approval of the resolution. (Director of Public Works)
18.A. REPORT SUPPLEiVIENTAL REPORT ON CONTRACT FOR PUBLIC WORKS
INSPECTION S~RVIC~S FOR FISCAL YEAR 1991/92
B. P,F_q)LUTION16240 APPROVING AGPk'n4ENT FOR PUBLIC WORKS CONb'IKUCTION
INSPF. CTION SF, RVI(~.S FOR FISCAL YEAR 1991/92 WITH BSI CONSULTANTS, INC. AND ALrl~ORIZING
~ MAYOR TO 1D~CUTE SAID AG'P~-MENT - The Council in conjunction with the FY 1991/92 budget
approval process authorized staff to obtain contractual consn-uetion inspection services to meet the current
construction activity demand. As a result of the RFP process, staff has negotiated a contract with BSI
Consultants, Inc. to provide the public works construction services during F1r 1991/92. It is estimated that
the consultant will provide between 2,000 and 4,000 person hours of construction inspection services at a
total cost of $202,000. Staff recommends approval of the resolution. (Director of Public Works ) Continued
tram 7/9/91 meeting. //'~-~
* * END OF CONSENT CALENDAR * *
Minutes
July 16, 1991
Page 9
PUBLIC HFARINGS AND RI~IATRD RESOLUTIONS AND ORDINANcF_~
19- PUBLIC HEARING C0NS:IDEIL&11ON OF A RA~F, ~CREASE I~}R ~ ~
reco~ds ~at ~e public he~g be con~ued to ~e mee~g of Aunt 13, 1991.
~b ~g ~e ~e ~d place ~ adve~ed, ~e public w~ decl~ed open.
~ ~done) m ~nue ~e public h~ m ~e ~ m~ of ~ 13, 1~1.
20. PUBUC HEARING PCS-91-O4:CONSIDERATIONOFTENTATIVESUBDMSIONMAPFORF, AS'T
PALOR ESTATES, (2-1ULAVISTA TRACT 91-O4 - WEb-iI~RN COMMUNillI~ ASSOaATES - The applicant
has submitted a tentative subdivision map in order to subdivide 3.3 acres at the corner of East Palomar
Street and Nolan Avenue into thirteen (13) single family lots. Based on Initial Study 91-35 and the
comments thereon, the Environmental Review Coordinator has concluded that there would be no significant
environmental impacts and recommends adoption of the Negative Declaration. Staff recommends approval
of the resolution. (Director of PIning) /'~2~
Kin Lee, .Assistant Director of Planning, gave a brief overview of the project. The Planning Depaent and
Planning Commission have recommended approval of the project with the 28 conditions included in the
resolution.
Robert C. Spriggs, ~/77 Alvaratio Road, San Diego, CA, representing Western Communities, stated they had
contacted the fou_~een property owners that had filed the petition. He personally met with Mrs. White
regarding her concerns. They supported the recommendations made by staff.
Clayton White, 1279 Sonores Court, Chula Vista, CA, stated they would be please to have the project next
to them but had concerns they would like to have addressed. These were: 1) conflict regarding the legal
description, 2) erosion, 3) loss of property value due to loss of view, and 4) noise resulting from the T-heads
for parking. He would like to have the issue of the property description addressed, a requirement placed
in the CC&R's regarding tree height no higher than the peaks of the homes, and construction of a retaining
wall to address the issue of erosion and noise abatement.
Mr. Lee stated the issue of the legal description was between the applicant and the engineer w verify the
property line. Erosion will be addressed during the grading plan. The hammer-head design for parking is
for three guest parking spaces which will be used on a limited basis. The height of the trees could be
addressed in the CC&R's but would be difficult for the City to police. It would have to be on a complaint
basis.
City Attorney Boogaard stated the legal description should be on the tentative map and would be on the final
map. It was his understanding that there was a boundary line dispute.
W~liam Richard, ERB Engineering, 13260 PowayRoad0 Poway, CA, representing Western Communities, felt
Mr. White was confusing where the fence was located and where the actual boundary makers were. They
have surveyed the property and do not have a dispute, with his claims. His fence sits approximately one foot
within the property markers. His legal description is part of a subdivision map and is consistent with their
legal. There is no problem with his property line as all boundary markers have been located and meet with
the legals. They have reviewed the proposed conditions and accept them all. The issue of erosion is
M~.utes
July 16, 1991
Page 10
addressed in Condition 16 of the Resolution. The developer will agree to include tree height in the CC&P,'s.
Parking and noise is addressed in Condition 4 as it deals with the screening of the parking spaces, i.e.
landscaping, which will help with noise abatement.
Councilman Rindone questioned whether the developer would agree to an amendment to Condition 16
which would state *plan prepared and approved by the City'.
Mr. Richard responded that they could support the amendment but added that all conditions in the
resolution had to be xpproved by the City.
City Attorney Boogaard felt the amendment was important because a dispute could arise between the
preparation of a grading plan and a plan that was acceptable to the City.
Robert E. Luce, 1291 Sonoma Court, Chula Vista° CA, stated the project would look into the windows of his
bedroom. He questioned when the fence would be constructed, how high it would be, and if he would
retain his privacy. He also expressed his concern regarding damage to his fence, which was located on the
propen'y line and set reinforced in concrete, when grading begins.
There being no further public.testimony, the public hearing was dosed.
City Altorney Boogaard recommended that a condition be added to state *that the City Engineer shall be
satisfied that the legal description of the subject properly is consistent with the legal description of the
property located north of the tentative map'.
MS tMooll/Nader) to accept staff recommandation regarding the legal description, Condition 29.
· City Attorney Boogaard recommended that the height of the trees be consistent with the peak of the houses.
:Condition 4 could be amended to state *visual and noise barrier'.
Mr. Lee stated that the applicant should be informed that if the intention is noise attenuation it would
require a concrete wall along the width of the parking area. He assumed the Council was addressing both
hammer-heads.
Counc~man Moore questioned whether this was a noise barrier on these two areas only. Unless there was
something unusual in the development it should not be singled out for a noise barrier.
~Councilwoman Grasser Horton did not feel it would be fair or reasonable to require a noise barrier at this
site as she did not feel the noise would be that intrusive.
Mr. Sprigg responded that they were willing to place a concrete wall across the back of the three parking
spaces in both areas. Mrs. White had also expressed concern regarding automobile lights.
'Mayor Nadar questioned whether staff was satisfied that there were resources in the area such that the fees
.paid by the applicant would be able to be utilized to meet the needs of the recreational needs of the area.
Mr. Lee responded that this was within the parks thrashold but the Parks and Recreation Director would
have to review the funds.
AMi!I~DMENT TO MOTION: (MooreYNader) to add the following amendments to Resolution 16263: 1)
Condition 4 be amended to state "pexmanent visual and noise barriers' or concrete type; 2) Condition 2 to
Minutes
JuJy 16, 1991
Page 11
add at the end *and shall limit the trees on the propen'y to the height of the houses allowed on the
property*; and 3) Condition 16 to state *plan prepared and approved by the City".
Counc~man Moore questioned the regulation of wee height and questioned whether it should be added.
Councilwoman Grasser Hortan felt projects should be reviewed on a case by case basis. This is not
uncommon when it is related to ocean views.
VOTE ON MOTION: approved 4-0-1 with Councilman MalcoLm absent.
RESOLUTION 16263, AS AMENDED, OP-~'PJ~ED BY MAYOR NADER, reading of the text was waived, passed
and approved 4-O-1 with Counc~mmx MalcoLm absent.
RESOLUTION 16263 /LoPROVING PCS-91-04 - TENTATIVE SUBDM SION MAP FOR EAST
PALOMAR FgTATES, CI-flJLA VISTA TRACT 91-04 - WESTERN COMMUNITIES ~TES
ORAL COMMUNICATIONS
a. Paul L. Greene, St, 141 Lotus Drive, Chula Vista, CA, referred to past legal problems with the City
and requested that he be allowed to meet with Council in Closed Session.
ACTION ITEMS
21. RESOLUTION 16264 APPROVING pR~LrMINARY DESIGN REPORT FOR IMPROW, MF, NTS OF
BROADWAY FROM 'L' STREET TO NApI.I~_~: STKEET - Council provided staff with policy direction
concerning construction of street improvements along the Broadway corridor including construction of raised
median islands. At the meeting of 2/2/90, Council accepted the recommendations of the Chamber of
Commerce and staff. In addition, Council directed staff to provide concept plans depicting new medians at
those intersections where traffic level warrant medians. Concept plans were to be presented to Councfi for
approval prior to the preparation of final construction plans. Staff recommends approval of the resolution
and direction to staff to proceed with the final design plan. (Director of Public Works) /~J~
Clifford Swanson, City Engineer, gave a brief history of the project, review of proposed project and staff
recommendations. Two meetings were held with all property owners, tenants, and Chamber of Commerce
being notified. Properly owners and tenants were also notified of the meeting tonight. Staff is now
recommending medians on the entire length. On the portion of Arizona Street southerly to Naples Street
it is recommended that the medians be replaced.
Councilman Moore expressed his concern regarding large truck traffic and their ability to turn left between
streets.
Councilman Rindone stated that the problem with the status quo was that much of the area was
undeveloped and so the demand of traffic to be generated will escalate as the property develops and felt the
City should be very concerned.
City Manager Goss stated that the engineering staff was coming from the perspective that all of Broadway
should have median strips to enhance safety and the flow of traffic. Council's direction had been to maintain
the mid-block turns where they currently were and evaluate the other areas to see if a mid-block turn was
needed.
Minutes
July 16, 199!
Page 12
Mayor Nader referred to the Discussion Topics included in the report and questioned whether a consensus
was reached during the public meetings from the property owners or tenants.
Bill Shaw, RBF Engineering, responded that there were relatively few property owners or tenants present
at the meetings, therefore, staff was able to make one on one presentations regarding their properl~es. The
cornmerits listed in the report were individual comments.
Mayor Nader questioned whether there was any discussion regarding the advisability of painted left turn
areas as an alternative to left turn medians.
Mr. Shaw responded there were two or three that stated there should be painted left turn lanes with no
medians altogether.
Councilman Rindone questioned whether the Broadway Business Association had been contacted regarding
the meetings.
Counc~man Moore noted that at least three members of the Broadway Business Association owned property
in the proposed area and none were in attendance to speak in opposition of the project.
Mr. Swanson responded that the BAA was not specifically notified.
Councilman R~ndone stated he had been cantacted in the past regarding the concerns expressed by
.Counciiman Moore. He was concerned that this would set a precedent for the entire area. The area before
Council tonight is not as impacted as the area between "L* and "F* Streets. He was prepared to vote as there
was no opposition tonight. He did not feel this action would be precedent setting for other areas along
Broadway.
Richard Wright, owner of Wrighfs Poultry, stated they have lived with the medians for a long time and was
very much in favor of the project. As long as legal U-turns were allowed he could support the staff
recommendations.
RESOLtrrlON 16264 OFI,I~D BY COUNCILMAN MOORF. reading of the text was waived, pa~ed and
Ii~proved Hn~n;mously.
22. RESOLLrrlON 16265 APPROVING THE TEMPORARY CLOSURE OF BONITA ROAD AND A
PORTION OF OTAY LAKES ROAD TO CONDUCT BON1TAFEST - The Bonitafest Committee and its
sponsoring organization, the Bonita Business and Professional Association is requesting permission to
conduct the 19th Annual Bonitafest on Saturday, September 28, 1991. As part of this event, Bonita Road
and Otay Lakes Road are being considered for a temporary closure. 'Staff recommends Council approve the
temporary closure of Bonita Road between Willow Street and Central Avenue for the parade and staffs
proposal for a partial closure of Otay Lakes Road north of Allen School Lane subject to conditions. (Director
of Public Works)
Clifford Swanson, City Engineer, stated he had met with Gaff Lee, Co-Chair of Bonitafest~ Staff had been
informed today that the transit company was opposed to routing traffic onto Allen School Road because they
could not operate Route 705 for the entire day. The purpose of the closure from 10:00 a.m. to 1:00 p.m.
is for the parade. Bonitafast wishes to close Otay Lakes Road the entire day until 4:00 p.m. for
demonstrations, booths, and pedestrian walkway.
//
Minutes
July 16, 1991
Page 13
City Manager Goss stated that the closure for the parade was not new but the request to dose Otay Lakes
Road for the rest of the day was a new request. Concerns were expressed by the transit company, Police
Deparnnent, and the engineering staff. The recommendation was to close only half the road even before
the transit concerns were received.
Gall Lee, Co-Chair for Bonitafest, stated their main concern was the sa/ety of individuals. The booths are
being extended into the next shopping center this year.
Councilman Moore stated he had driven the intended route and if the traffic was diverted from Otay Lakes
Road to Allen School Road it would put more traffic on the tie-in. By narrowing down the lanes at Otay
Lakes Road it will be easier to cross.
Mrs. Lee stated that the Committee would accept the staff recommendations as they understood the problems
created.
RESOLUTION 1626.50I~FLRED BY COUNCILMAN MOORE, reading of the text was waived, passed and
approved 40-l with Coune~man Malcolm absent.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
rrF2ds pLn,Txn FROM THE CONSENT CALENDAR
Items pulled: 7 and 9. The minutes will reflect the punished agenda order.
OTHF~ BUSINESS
23. u t f MANAGERS REPORT(S)
a. There will be a Redevelopment Agency meeting on Thursday at 4:00 p.m. Council will then meet
directly after for the Public Hearing for Rancho del Rey SPA Ill.
b. The budget for the State must be adopted by midnight. The latest update received was that the
vehicle in-lieu tax would not be taken, cities would be required to pay booking fees, the City would lose half
of the fines and forfeitures, and as a new item, the City would lose 47°~ of the cigarette ta~ The total net
result of cuts to the City would be 15708,000. Language protecting Chula Vista's supplemental subventions
is still in place. It is anticipated that the retention of that money will be harder and harder each year.
c. Advised Council that he would be gone for the next four weekends.
Mayor Nader stated that the Mayor/Council secretary would poll the Council regarding an available date
for evaluation of the City Manager.
Minutes
JUly 16, 1991
Page 14
24. MAYOR~ REPORTfS)
Mayor Nader informed Counc~ that the San Diego City Council had asked SANDAG to designate Otay Mesa
as the site for a regional airport. The National City Council had voted to instruct their delegate to oppose
Otay Mesa as the site. He expressed his appreciation to all those residents of the Southbay area that had
attended the San Diego City Council meeting in opposition of the regional airport.
a. Referral to the Charter Review Con~mission regarding ernargency meeting notices by the City
Council. Continued from the 7/9/91 meeting.
Mayor Nader noted that the Charier required 24 hour notice to Councilmembers prior to an emergency
meeting. He felt that ff a Councilmember showed up for a meeting it woUld indicate that they had received
notice of that meeting.
MS (Nader/Moore) to refer this issue to the t~rter Review Commi,4ion for consideration of amending the
provision of the City t~aner on ~ emerg-ncy meetings of the City Council.
City Attorney Boogaard questioned whet_her the Mayor wanted it to be amended to state that the appearance
of a Councilmember at a specially called meeting constitutes waiver.
Mayor Nader felt that coUld be a consideration but he did not want to restrict what the Commission
considered.
VOT~ ON MOTION: approved 4-O-1 with Coullel']msn ~t~a]eohn absent.
b. Ratification of Commission/Committee Appointments - Resource Conservation Commission and
Chula Vista 21. Continued from the 7/9/91 meeting.
MSC (Nader/Rindone) to ratify appoinunent of Jackie McQuade to the Resource Conservation Commission'
and Naomi Ross to the Chula Vista 21 Committee. Approved 4-0-1 with Councilman Malcolm absent.
c. Value of requiring graftiti-proof paint on decorative surfaces, utility boxes, etc. Continued from
7/9/91 meeting. / ~'~
MS (Nader/Rbadone) direct stuff to bring back in conjunction with the City Attorneys report, the cost
d[ecavenm of graffiti proofing of ~ prone
· Councilman Moore stated that the City of San Marcos was addressing this issue and had included the design
of decorative walls, etc.
Mayor Nader stated this was not intended to be just utility boxes but any graffiti prone surface.
VOTE ON MOTION: approved 4-0-1 with Coun,~'Im=n Malcolm absent.
d. Composition of Bayfront Subcommittee. I~'.~/
Mayor Nader stated ~hat the Bayfront Subcommittee currently had three members of the Council serving
which constituted a quorum and therefore woUld be subject to the Brown Act posting requirements.
Minutes
July 16, 1991
Page 15
· City Attorney Boogaard stated that if the meeting was noticed under the Brown Act it would be a meeting
of the City Council and therefore could not preclude any other Councilmember from participation. He felt
one member should step down from the Subcommittee.
Councilman Rindone stated he was pleased with the composition and active interest on the Subcommittee
and offered to step down. Councilwoman Grasser Honon was an original charter member of the
Subcommittee and he felt she would continue to do an excellent job.
MSC (Rindone/Moore) recon6r~ Mayor Nader aml Councilwoman Gzasse~ Hotton as mereben of the
Bayfront Sllbcommf~ee. ,i~pmved 4-0-1 with Couneflmsn ]~alcolm absellL
Councilwoman Grasser Honon thanked Councilman Pindone from stepping down from the Subcommittee.
e. Appropriate Technologies II Subcommittee. /~3 ~
MSC (Nader/Moore} to appoint Councilwoman Grasser Honon to till the vacant seat on the Appropriate
Technologies H Subcommittee. Appreved 4-0-1 with Councilznan Malcolm absent.
L Designation of MTDB Alternate. /~4 ~3
MSC (Nader/Moore) to dL~e~t sta~ to hotly MTDB by letter of the appoinnnant of Coun~lm~. Jeny Rindone
as the MTDB representative and Mayor Nader as alternate. Apptoved 40-1 w~th Counrnm=n Malcolm
25. -COUNCIL COMMENTS
Councilman Rindone
a. Re-referral to Charter Review Commission to review the thirty (30) day provision for City Council
absences. Continued from the 7/9/91 meeting. /~S3~
Councilman Rindone stated that with the holidays and Sth Tuesday's there was ~ncreased potential for
violation of the Charter requirement.
MSC (Rindone/Nader) to refer this bsue to the Charter Review Commission for review, Staff is to relay
input from Council for their ,~dew. Approved 4-0-1 with Coundlman Malcolm absent.
Councilman Moore
a. Excessive distance between fire hydrants in po~ons of southwest Chula Vista. New construction
permit requires irnl~rovements at high cost for typical residential unit(s). Refer to staff for alternatives
including liaison with appropriate water district. -
MSC CMoore/Nader) direct staff to se~d a letter to the water authority asldng for ~ggested alternatives and
solutions regarding hydrant distances, needs, and Who pays for them,
Minutes
July 16, 1991
Page 1~
City Manager Goss stated that he felt it would be appropriate to refer this item to the Fire Deparanent as
it related to fire services.
AIaff~MENT TO MOTION: (Moore/Nader) to also refer the item to the Fire DepanmenL
VOTE ON MOTION AS AMENDED: Approved 4-O-1 with Councilman Malcolm abeelL
ADJOURNMENT
City Attorney Boogaard requested that Council ratify the decision to send Catherine Morris venus the City
of Chula Vista to outside counsel.
MSC (Moore/Nader) to ratify the decision to sent Catherine Morris versus the City of Chula V'xsta to outside
counsel. Approved 4-O-1 with Coun~man Malcolm absellL
ADJOURNMENT AT 9:37 P.M. to an Adjourned City Council meeting on Thursday, July 18, 1991 at 4:00
p.m. in the City Council Chambers.
Respectfully submitted,
BEVERLY A. AUTHELET, CIVIC, City Clerk
by: Vicki C. Soderq~ist, Deputy Ci~yx.~_.erk