HomeMy WebLinkAboutcc min 1993/03/09 MINtrYES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CITOLA VISTA
Tuesday, March 9, 1993 Council Chambers
6:01 p.m. Public Services Building
CALL TO ORDER
1. ROlL CALL:
PRESENT: Councilmembers Fox, Horton, Moore, and Mayor Pro Tem Rindone
ABSENT: Mayor Nader
ALSO PRESENT: John D. Goss, City Manager; Bruce M, Boogaard, CityAttorney; and Beve~y
A. Authelet, City Clerk
2. PI.~nGE OF .AIJ.I~GIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: None submitted.
4. SPECIAL ORDKRS OF THE DAY: None submitted.
CONSENT CAIaV, NDAR
(Item pulled: 7)
BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR PRO TEM RINDONE, reading ofthe text was
waived, passed and approved 4-0-1 with Nader absent. Item # 11 was passed 4-0-1-1 with Nader alnent and
Fox abstaining.
5. WIll I IBN COMMUNICATIONS:
a. Letter requesting flood conttol drainage from properties surrounding the Chula 1Fmta Goff Course -
Harold G. Jones, 4040 Doral Way, Bonita, CA 91902-1315. It is recommended that staff advise Mr. Jones
in writing that they are working with FEMA, the County, the City of San Diego, and the Sweetwater
Authority regarding this problem and that the Council file this letter.
6. ORDINANCE 2544 AMENDING SCHEDULE X, SECTION 10.48.050 OF THE MUNICIPAL CODE,
DECRF~,SING STATE LAW MAXIMUM SPRRn LIMITS IN CERTAIN ARF_/hS, MAIN b-rREET/OTAY V~u.~?l'
ROAD FROM I-S TO 1-805 fsecond readinff and adoption) - In order to minimize traffic hazards and
congestion end promote public safety, speed prohibitions on these streets should be authorized by ordinance.
A review of trial traffic regulations initiated by the City Engineer, under the authority of the Municipal Code,
show that these regulations are operating effectively and should be made permanent. Staff recommends
Council place the ordinance on second reading and adoption. (Director of Public Works)
7. RESOLUTION 17023 APPROVING A MODIFICATION TO THE AGI~RRMENT WITH LETI~,RI-
MCINTYRE AND ASSOCIATES (MARY MAY) AND THE BALDWIN VISTA ASSOCIATES FOR PROFESSIONAL
Minutes
March 9, 1993
Page 2
SERVICF_~ TO ASSIST THE OTAY RANCH TEAM GENERAL MANAGER AND AUTHORIZING THE MAYOR
TO EXEClEE SAID AGPRI~MENT - The purpose of the modification is to increase the level of assistance to
the Otay Ranch Team General Manager for March and April, 1993. Staff recommends approval of the
resolution. (Deputy City Manager Krempl) Pulled from the Consent Calendar.
Mayor Pro Tem Rindone questioned whether the first contract for Mary May had been approved in 3/92.
He also questioned the basis for the increase of 50%.
Deputy City Manager Krempl responded that was correct. The original contract was for $5,000/month but
when amended in January the Council approved a reduction to $2,000/month for January thru March. Due
to the complexity, number of hearings, and picking up work of other consultants that had dropped from the
project staff felt the increase was appropriate.
Mayor Pro Tern Rindone questioned whether staff felt it would be the last extension.
Deputy City Manager Krempl felt it was likely. The contract was keyed to the completion of the process by
the Planning Commission but it was their expectation that it would be finished in April.
Robert Leiter, Director of Planning, stated the Planning Commission had three meetings scheduled and it
was their intent to try to complete the public hearing process if not at the last meeting in March, then in
the first of April. That would give the Council and Board the months of April, May and June to complete
their hearings.
RESOLLrrION 17023 OFFP21F.,D BY MAYOR PRO TEM RINDONE, reading of the text was waived, passed and
approved 4-0-1 with Nader absent.
8. RESOLUTION 17024 RF, JECTLNG NON-RESPONSIVE BIDS, ACCEPTING TWO BIDS AND
AWARDING CONTRACT FOR THE PURCHASE OF DESKTOP PERSONAL COMPUTERS - Bids were received
on 2/12/93 for the purchase of desktop personal computers for use City-wide. The equipment was approved
in the Fiscal Year (FY) 1992-93 budget. Staff recommends approval of the resolution. (Director of Finance)
9.A. RF~OL~ON 17012 REVISINGTENTATIVEMAPCONDITIONOFAPPROVALEOFCHULAVISTA
TRACT 92-05 AND CONDIYION OF APPROVAL 1.1 OF CHULA VISTA TRACT 93-01 (RESOLUTION 16900) -
On 11/11/92, by Resolution 16900, Council approved the Tentative Subdivision Maps for Tracts 92-05 and
93-01, Rancho del Rey Commercial Center west and east, respectively. The final maps and associated
agreements for both subdivisions are now before Council for approval Staff recommends approval of the
resolutions. (Director of Public Works) Continued from the meeting of 3/2/93.
B. RESOLUTION 17013 APPROVING THE FINAL MAP AND SUBDM SION IMPROVE1VIENT
AGB RRMENT AND ALrfHORIZING THE MAYOR TO SIGN THE MAP AND EXECUTE SAID AGI~RRMENT FOR
TRACT 92-05, RANCliO DEL REY COMMERCIAL CENTER WEST
C. RESOLUTION 17014 APPROVING THE FINAL MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT AND AUTHORIZING THE MAYOR TO SIGN THE MAP AND EXECUTE SAID AGI~RRIVIENT FOR
TRACT 93-01, RANGNO DKL REY COMMERCIAL CENTER EAST
D. RESOLUTION 17015 APPROVING SUPPLEI~ENTAL SUBDIVISION IMPROVEMENT AG!RI:/~ENTS
TO SATISFY CONDITIONS OF APPROVAL M, N, O AND P OF TRACT 92-05 AND CONDIYIONS OF
APPROVAL S, T, U AND V OF TRACT 93-01 AND AUTHORIZING TH~ MAYOR TO EXECUTE SAM]i
Minutes
March 9, 1993
Page 3
E. RESOLUTION 17016 AUTHORIZING THE MAYOR TO EXECUTE D~r~S QUITCLAIMING ANY
~lrtLE I~ IN PROPERTIES TO BE OWNED BY THE OTHER PARTIES SIGNING THE MAPS AFTER
RECORDATION OF SAID MAPS
10.A. RESOLUTION 17025 APPROVING FINAL MAP AND SUBDMSION IMPROVEMENT AGR I~RMENT
FOR CHULA VISTA TRACT 91-01, SALT CI~F..F.K I CONDOMINIUMS - On 4/21/92, Council approved the
Tentative Subdivision Map for Chula Vista Tract 91-01, Salt Creek I Condominiums. The hnnal map for said
tentative map is now before Council for approval. Staff recommends approval of the resolutions. (Director
of Public Works)
B. RESOLUTION 17026 APPROVINGSUPPLEMENTALSUBDMSIONIMPROVEMENTAGRIU~MENT
REGARDING CONDITIONS :23, 24, AND 25 AND AUTHORIZING THE MAYOR TO EXECUTE SAME
C. RESOLUTION 17027 APPROVING AN AGB~RMF..NT WITH F.N. DEVELOPMENT COMPANY
BRAVO AND OTAY WATER DISTRICT TO COMPLY WITH CONDITION NUMBER 18 AND AUTHORIZING
THE MAYOR TO EXECUTE SAME
11. RESOLUTION 17028 ORDERING THE CA'IY ENGINEER TO PREPARE AND FILE A REPORT FOR
CA'IT OPEN SPACE MAIIqTENANCE DIb'I'RICT TEN FOR FISCAL YEAR {FY) 1993-94 - In order to begin the
process of levying the annual assessment for parcels w/thin Open Space DisWict Number Ten, the City
Engineer must prepare and file an annual report. The resolution begins the process of renewal for FY 1993-
94. Staff recommends approval of the resolution. (Director of Public Works)
Councilman Fox abstained from voting on Resolution 17028.
12. RESOLUTION 17029 ORDERING THE CITY ENGINEER TO PREPARE AND FILE REPORTS FOR
ALL CZTY OPEN SPACE MAINYENANCE DIb-rRICTS FOR FISCAL YEAR (FY) 1993-94, EXCEPT DIb-I~UCT
TEN - In order to begin the process of levying the annual assessment for parcels within all open space
districts, the City Engineer must prepare and file an annual report for each district. The resolution begins
the process of renewal for FY 1993-94. Staff recommends approval of the resolution. (Director of Public
Works)
13. REPORT APPUCATION FOR GRANT FUNDS FROM THE FEDERAL DEPARTMENT
OF EDUCATION, UBRARY SERVICES AND CONSTRUCTION ACT (LSCA) TITLE I FUNDS FOR AMERICANS
WITH DISABIHTIES ACT COMPLIANCE -The State Librarian has made available Federal LSCA funds to
develop a model library service program for people with disabilities. The grant requests $30,000 to
implement a model library program to serve disabled individuals with the installation of auxiliary aids,
adaptive technology, and fumishings in accordance with the Library's draft service plan for compliance as
mandated by the Americans with Disabilities Act. Staff recommends Council accept the report and ratify
the application. (Acting Library Director)
14. REPORT UNDERGROUNDING OF UTILITIES IN CONJUNCTION WITH
INSTALLATION OF STREET IMPROVEMENTS ON FOURTH AVENUE FROM KHTIWAKE STREET TO DEL
REY HIGH SCHOOL - The Fiscal Year (FY) 1989-90 Capital Improvement Project (CIP) contained a project
to construct curb, gutter, and sidewalks; a traffic signal upgrade; storm drain system installation; and other
appurtenant improvements on Fourth Avenue from Kitriwake Street to Del Rey High School. Provisions were
Minutes
March 9, 1993
Page 4
not made for the undergrounding of utilities in conjunction with the project. Design has been completed
and staff is ready to advertise for competitive bidding. Before that can be done, staff is requesting Council's
confirmation of the project's exclusion of undergrounding of utilities. Staff recommends Council accept the
report. (Director of Public Works)
Mayor Pro Tem Rindone stated he wanted to make sure it was understood that the City was giving the
assurance that if the undergrounding was not culminated with the institution of the project that there would
be no need to tear up the street when the entire project went through.
John Lippitt, Director of Public Works, responded that the street would only have minor widening, not an
overlay. The street would have to be tom up for the undergrounding project then the street would be
overlaid after that. The project was not intended to rebuild the street. They did not want to delay the small
project until the undergrounding program.
Mayor Pro Tern Rindone questioned whether there was a possibility that when the entire section was paved
over that the undergrounding could be coordinated at that time.
Mr. Lippitt stated that was correct. When the whole street was overlaid with the larger project the
undergrounding would be done before that.
Mayor Pro Tem Rindone questioned whether the City would be able to coordinate the timing of the
undergrounding when the City did the overlay.
Mr. Lippitt responded that was correct.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
1S. PUBLIC HEARING CONSIDERATION OF COASTAL DEVELOPMENT PERMIT NUMBER 64 TO
DEVELOP A GOLF DRIVING RANGE, BA-FI IIqG AND PITCI-HNG CAGES, AND NECESSARY USES ON FIFTH
AVENUE NOR'fH OF "C" 51KEET - The project involves construction of an athletic and sport recreational
center on approximately nine acres located on Fifth Avenue north of "C" Street within the Inland Parcel of
the Local Coastal Program. Continued from the meeting of 2/23/93. Staff recommellds Council continue
the item by directing staff to re-notice the nublic hearing when a new hearing date has bean determined.
(Director of Community Development)
This being the time and place as advertised, the public hearing was declared open.
· Jeny Alford, 2445 Fifth Avenue, San Diego, CA, representing National Avenue Assoc., informed
Council he had met with staff and requested the public hearing be continued to the meeting of 3/23/93.
He also requested that the related item on the Redevelopment Agency agenda also be continued to 3/23/93.
MSC {FoX/Moore) to continue the public hearing to file meeting of 3/23/93. Approved 4-0-1 with Nader
absent.
16. PUBLIC HEARING VARIANCE ZAV-93-06; APPEAL OF THE DECISION OF THE PLANNING
COMMISSION TO DENY A REQUEST TO REDUCE THE REQUIRED SIDEYARD SETBACK FROM TEN FEET
TO SIX FEET AT 140 MANKATO b'L'RLET - GERALD DREVVETF FOR CORA MARGUIA - The proposal seeks
Minutes
March 9, 1993
Page S
to reduce the sideyard setback from 10 feet to 6 feet in order to construct a 15 foot by 33 foot (495 square
feet) carport on the westerly side of the dwelling at 140 Mankato Street in the R-1 zone. The Zoning
Administrator denied the request on 12/14/92, and the Planning Commission alTn'med the decision and
denied an appeal on 1/27/93. The matter has been appealed by Council. Reauest by the am~lieant to
continue to 3/23/93. (Director of Planning)
This being the time and place as advertised, the public hearing was declared open.
MSC (Rindone/Fox) to continue the public hearing to the meeting of 3/23/93. Approved 4-0-1 with Nader
absent.
ORAL COMMUNICATIONS
· Jim Gasdaglis, Sr., 1250 5th Avenue, Chula Vista, CA, informed Council that he had been fired from
ATC for dishonesty. He was extremely upset and did not know what to do as he was being harassed and
followed. He felt there were problems within ATC and that it was getring like it was in the past.
City Manager Goss stated he had talked with Mr. Gasdaglis on other issues but had not met with him
regarding his termination. There was an appeal process and he recommended that Mr. Gasdaglis go through
the Union as his representative with ATC.
Mayor Pro Tern Rindone requested that a member of the City Manager's staff meet with Mr. Gasdaglis and
inform him of the appeal process. If after exhausting that process he could submit his concerns to Council
in writing.
· Ricardo Trevino, 93 E. Oxford Street, Chula Vista, CA, stated that he was a driver for ATC and had
been injured on 1/22/92. He had recently received conflicting forms through the mail from the insurance
company regarding his disability and ability to return to work and did not feel that anyone was doing
anything for him.
City Manager Goss informed Council that there was a lawsuit or a point of contention about a year ago with
the Union and recommended that instead of the Council informing Mr. Trevino what the forms meant, he
should go to the Union or ATC for clarification. If necessary, the Transit staff could help him if he needed
assistance.
Mayor Pro Tern Rindone recommended that Mr. Trevino contact the Union and ff he did not receive a
response then contact the City Manager's office.
Councilman Moore questioned what the legal responsibility was for the City when ATC was a contract
employer.
City Attorney Boogaard informed Council that any action by the City would be a courtesy. The management
company was solely responsible. It would appear to be a Worker's Comp claim.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
Minutes
March 9, 1993
Page 6
ACTION ITEMS
17. RESOLUTION 17030 SUPPORTING THE ENVIRONMENTAL HEALTH COALITIONS PROGRAM
GRANT APPLICATION TO THE EPA'S NEAR COJ~STAL WATERS PROGRAM FOR THE DEVELOPMENT OF
A NON-POINT SOURCE pOLIJ3TION REDUCTION EDUCATIONAl, PROGRAM FOR THE ~jlr~'; AND
COMI~IITIliNIG TO A FIVE PER, CENT MATCH OF THE GRANT, NOT TO BE MORE THAN $5,000, IN THE
FORM OF IN-KIND CONTRIBUTIONS OR EXISTING STORM DRAIN REVENUE FUNDS - In accordance with
Order Number 90-42, National Pollutant Discharge Elimination System (NPDES) Permit Number CA108758,
the City is required to implement a 'Nonstructural Best Management Practice (BMP's)" program in order to
comply with the'NPDES permit requirements. Nonstructural BMP's would include measures or practices the
City may employ that do not involve capital investment, but emphasize pollution prevention practices and
education. Staff recommends approval of the resolution. (Administration and Director of Public Works)
· Laura Hunter, 1717 Ketmer, San Diego, CA, representing Environmental Health Coalition, stated they
looked forward to building a partnership with the City. She then reviewed their program. The grant
requested matching funds but it was not mandated under the federal permit.
RESOLUTION 17030 OFFERED BY COUNCILMAN FOX, reading of the text was waived, passed and approved
4-0-1 with Nader absent.
18. RESOLUTION 17020 CONCEPTUALLY APPROVING THE FUNDING NOT TO F_.XC~-Rn $700,000
TO SOUTHBAY COMMUNFrY SERVICES FOR ACQUISITION AND FIRST-YEAR OPERATION COSTS OF A
FOURTF. EN UNIT APARTMENT BUILDING AT 31 FOURTH AVENUE TO BE USED AS A SHORT TERM
HOUSING FAc:IIJTY' - South Bay Community Services (SBCS) is interested in acquiring a 14-unit apartment
complex to develop a short-term housing facility to serve homeless families in the South Bay. The site is
adjacent to the transitional housing project which will enable both projects to be managed together. It is
also close to National City, which has been contacted to financially participate in the project. SBCS is
submitting grants for county, state, and federal funds and needs conditional site approval. Continued from
the meeting of 3/2/93. Staff recommends item be continued to 3/23/93. (Director of Community
Development)
Mayor Pro Tem Rindone stated that he would abstain from participation. Councilwoman Horton presided
over the meeting.
MSC (Moore/Fox) to continue Resolution 17020 to the meeting of 3/23/93. Approved 3-0-1-1 with Nader
absent and Rindone abstaining.
19. REPORT PCA-93-02: MODIFICATIONTOFLOGRAREARATIOREQUIREMENTSFOR
SINGLE FAMILY RESIDENTIAL ZONES - On 1/12/93, Council considered a report on Floor Area Ratio (FAR)
requirements and directed staff to return with a report on using a sliding scale with a minimum FAR of 0.50
for smaller lots which would provide an exemption for open patio covers and porches. Staff recommends
Council direct staff to return with an ordinance to establish a sliding scale with an FAR of 0.50 for lots
under 7,000 square feet and an exemption for open patio covers of not more than 300 square feet. (Director
of Planning)
Councilman Fox stated he had abstained from participating on the item in the past and questioned whether
he needed to continue to abstain.
Minutes
March 9, 1993
Page 7
Robert Leiter, Director of Planning, informed Council that the current proposal affected all R1 zoned
properties within the City. The previous item only affected one area which included Councilman Fox's
property.
City Attorney Boogaard stated it was a matter that did not distinguish Councilman Fox's properly from
anyone else in the public. Therefore, he would be able to participate in the decision.
MSC (Rindone/Fox) to accept the staff recommendation to return with an ordinance to establish a sliding
scale with an FAR of 0.50 for lots under 7,000 square feet and an exemption for open patio covert of not
more than 300 square fee~.
I'I'E.MS pUIJ.F.D FROM THE CONSENT C~I.RNDAR
Item pulled: 7. The minutes will reflect the published agenda order.
OTHER BUSINESS
20. CITY MANAGER'S REPORTf S)
· Scheduling of meetings. City Manager Goss informed Council that staff had recommended
scheduling a worksession on 3/22/93, after Council had completed interviews for the boards/commissions.
The Mayor did not feel that it was a good date and therefore, staff was recommending that a special meeting
be held on Tuesday, 3/30/93 to review flood control and the Clean Water Program. Because it was the fifth
Tuesday Council did not have a regularly scheduled meeting. Staff would be contacting the Council
regarding their schedules. He recommended that the meeting be held in the Council Conference Room at
6:00 p.m. There will be no regular Council meeting on 4/6/93.
21. MAYOR'S REPORTfS)
· Mayor Pro Tem Rindone stated he had received a letter from the Western Group regarding a
proposal to establish an excursion train, passenger service and tourist attraction, beginning in National City
at 24th Street and ending in Imperial Beach. The route was approximately 6 miles and the tracks were
owned by MTDB. He had met with a lobbyist for the Western Group and expressed his concern regarding
potential impacts upon the bayfront project, i.e. negative and positive, As the Council representative on
MTDB he felt it was important he receive input from his colleagues before he voted for or against the
proposal. He requested that staff distribute copies of the letter to the Mayor and Council and docket the
item in two weeks for a report back as to any positive or negative initial reactions they had. Councilman
Rindone stated that in order to allow staff to do an adequate investigation and interfacing in particular with
the Redevelopment Agency, three weeks would be adequate if a special meeting was to be scheduled for
3/30/93.
22. COUNCIL COMMENTS
Councilwoman Horton
a. Legislation Requirin~ Council Action - AB193 (Goldsmith) - Prevailing wage exemptions.
Minutes
March 9, 1993
Page 8
MS erlorton/Moore) to support AB193 (Goldsmith) - Prevailing Wages Exemptions.
Councilman Fox stated that he had not seen the information and requested a one week continuance so that
he could make an informed decision.
Dan Beintema, Senior Management Assistant, informed Council there was a public hearing on 3/17/93 at
which time Assemblyman Goldsmith had hoped to present the support of the eighteen cities in the County.
Staff could docket the item for the 3/16/93 meeting and convey the outcome to Assemblyman Goldsmith
on Wednesday morning.
Motion withdrawn by the maker and second of the motion. The item is to be docketed for the 3/16/93
Council meeting.
Councilman Fox
· Councilman Fox stated he had received a copy of a letter in which the City would be supporting the
Police Department in their use of underage decoys. He thanked the City Manager's Depa~huent for their
investigation and supported their efforts.
· Councilman Fox stated he had also received a letter from Pam Smith of the Human Resources
Council expressing their concern regarding pending action by the City in 'cutting them off from the City
government su-ucture'. He was unaware of any such recommendation by staff.
City Manager Goss stated the Human Services Council was an ad hoc organization that was not officially
a board/commission of the City. They had done a number of marvelous things in the City but there was
a gray area where the organization had been getting into direct service provision. The question was raised
regarding liability. It had been agreed that the City Attorney's office would provide a memorandum
indicating their position and concerns with a comparable letter from the Human Services Council. That was
to have been a focus for discussion between the Human Services Council and the staff. The City Attorney's
office prepared their letter and the Human Services Council did not and instead sent a letter to Council.
Assistant City Manager Morris stated it appeared there was a mis-communication between staff and the
representatives from the Human Services Council. They believed their direction was to prepare the letter
to Council rather than to staff. Staff had contacted Ms. Smith and a meeting was scheduled for Monday at
8:15 a.m. at which time staff would discuss what was in the letter received by Council and staffs position.
Ultimately it would be brought before Council with a final recommendation from staff as to how the City
could deal with some of the liability issues that had arisen due to some of the Human Services Council
actions.
Councilman Moore requested that the staff include several recommendations so that there would be
flexibility.
City Manager Goss stated that beyond the liability issues it was a matter of focusing on what the Human
Services Council was. Whether they were going to be basically a coordinator/facilitator/umbrella agency
or direct service provider. The City needed to hear from them as to what they wanted to do.
Councilman Moore
· Council action regarding the retention of Montgomery Planning Committee and/or merger with
Southwest PAC. Councilman Moore stated that a special meeting had been scheduled for 3/22/93 for
interviews to fill positions on the Montgomery Planning Committee and Growth Management Oversight
Minutes
March 9, 1993
Page 9
Committee. He stated a sub-committee had been formed which was to rev/ew the project area committees.
He recommended that Council wait until the report of the sub-committee was completed before taking action
on the Montgomery PAC.
MS (Moore/Fox) to d/rect the Mayor/Council secretary to not set up interviews on 3/22/93 for the vacancies
on the Montgomery Planning Committee.
Councilman Fox questioned whether Councilman Moore anticipated a recommendation coming to Council
soon.
Councilman Moore stated that Mayor Nader had been unavailable but he had met with all the PAC's and
a portion of the Montgomery Platruing Committee. There were concerns regarding the status of the
Montgomery PAC but the Southwest PAC felt they could be merged and did not object.
VOTE ON MOTION: approved 4-0-1 with Nader absent.
ADJOURNMENT
The City Council recessed at 7:03 p.m. and reconvened and met in a closed session at 7:14 p.m. to discuss:
Pending litigation pursuant to Government Code Section 54956.9 - Velazquez vs. the City of Chula
Vista, et al.
ADJOURNMENT AT 8:20 P.M. to the Regular City Council Meeting on March 16, 1993 at 6:00 p.m. in the
City Council Chambers.
An Adjourned and Special Joint Meeting of the City Council/P~edevelopment Agency convened at 7:03 p.m.
and adjourned at 7:14 p.m.
Respectfully submitted,
by: Vicki C. Soderquist, Depu~ Clerk