HomeMy WebLinkAboutcc min 1986/03/11 MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, March 11, 1986 Council Chamber
7 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers Malcolm,
Moore, Scott, McCandliss
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, Assistant City
Manager Asmus, City Attorney Harron
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
The Pledge of Allegiance to the Flag was led by Mayor Cox followed
by a moment of silent prayer.
1. APPROVAL OF MINUTES for the meetings of February 27 and
March 4, 1986.
MSUC (McCandliss/Moore) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY - None.
3. WRITTEN COMMUNICATIONS
a. REQUEST TO CONTACT SDG&E REGARDING SAFETY HAZARD ON NAPLES
BETWEEN SECOND AND THIRD AVENUES - Mr. William S. Flesch,
1097 Jacqueline Way, Chula Vista 92011
Mr. Flesch requested Council's help in getting SDG&E to
replace a high voltage conductor located near his home on the
north side of Naples Street which he felt was a hazardous
condition. SDG&E indicated this meets State standards and is
not a safety problem but that it will be corrected in the
next two weeks.
MSUC (Moore/Scott) to acknowledge the letter.
Mayor Cox remarked Mr. Flesch called today and stated SDG&E
informed him they would be replacing the wiring tomorrow.
Minutes - 2 - March 11, 1986
b. CLAIMS AGAINST THE CITY -
Carol A. Sainz, %Carl Fabian, Attorney at Law, 3232 Fourth
Avenue, San Diego, CA 92103
A claim for $25,000 was filed February 12, 1986, alleging
personal injuries suffered in an accident on a Chula Vista
High School softball field.
Stephen Dale Hunter, %Thomas M. Tomlinson, Esq., 231 Fourth
Avenue, Chula Vista, CA 92010
Paul W. Leglet, %Thomas M. Tomlinson, Esq., 231 Fourth
Avenue, Chula Vista, CA 92010
These claims were filed as a result of property damages to
462 Elm Avenue and 456 Elm Avenue occurring November 11,
1985. Each claim alleged damages of $50,000 due to the City
diverting water, failing to properly maintain drainage system
and drainage channel in the 400 block of Elm Avenue.
MSUC (McCandliss/Moore) to reject the claims.
c. RESIGNATION FROM CULTURAL ARTS COMMITTEE - Councilman Frank
A. Scott
Councilman Frank Scott submitted his letter of resignation
from the Cultural Arts Committee.
MSUC (Scott/Moore) to accept the resignation.
d. PRESENTATION ON CITY INTERVENTION REGARDING MOBILEHOME PARK
RENT INCREASES Heinz Seiler, 1425 Second Avenue, Chula
Vista 92011
On February 4, 1986, Mr. Seiler submitted a written
correspondence regarding Ordinance 1997 - Mobilehome Park
Rent Mediation. He has now submitted a recap of that letter
requesting Council intervention. The City Manager
recommended this issue be deferred until a recommendation is
received from the Mobilehome Issues Committee, which the
staff expects in the next month or two.
Mr. Cliff Roland, 1100 Industrial Blvd., Space I-6, Chula
Vista, distributed copies of a rent increase notice submitted
to the Brentwood Mobilehome Park tenants requiring that a
three-year lease be signed. He also discussed: park owners
were in violation of the Civil Code, Section 79818, because
tenants living on a month-to-month basis are not required to
sign a lease; requested the Council review the illegalities
Minutes - 3 - March 11, 1986
of the lease and provide input; stalemate with the park
owners; Mobilehome Issues Committee will meet this week to
attempt to resolve the issue; asking for Council intervention
on behalf of the mobilehome park (MHP) tenants; most MHP
residents are living on fixed incomes and in some cases rent
is close to or exceeds their monthly income.
Ms. Adeline Smith, 725 East Bradley Street, Ste. 1, E1 Cajon
92021, Executive Director of the San Diego County
Manufactured Housing Educational Trust (MHET) explained the
Mobilehome Issues Committee is in the process of electing two
members to represent the Montgomery area. Only three
applications have been received to fill the positions;
therefore, the current issue will probably not be resolved at
this Thursday's meeting.
Ms. Smith stated mobilehome park tenants were notified of the
pending increase and signed a lease noting the 12% increase;
the park owner is required to furnish a twelve-month lease to
park renters; the park owner has artended educational
seminars relating to mobilehome park rent increases sponsored
by MHET; 60 to 90 days would be a suitable time period for
the Mobilehome Issues Committee to report back to the Council
on this item.
Mr. Heinz Seiler, 1425 Second Avenue, Chula Vista read an
addendum to the Written Communications submitted to Council
dated March 11, 1986, which included: adding an eleventh
member to the Mobilehome Issues Committee; use of "CPI U"
index as a guideline for rent increases; rent control
initiative will be on the November ballot; utilities and
service fees charged to tenants; Sherman anti-trust law;
requested revisions to Ordinance 1997.
Councilman Malcolm stated arbitration is the real problem;
the mobilehome park owners have chosen the higher of two
price indexes; MHP rents have increased three times as much
as inflation; park tenants are not asking that no increase be
sought but that the increase be a reasonable one.
Councilwoman McCandliss remarked until the Mobilehome Issues
Committee vacancy is filled, the Committee will continue to
have a split vote on this issue.
MS (McCandliss/Malcolm) at the first City Council meeting in May
(May 6 at 4:00 p.m.) designate a public hearing on this issue
which is currently before the Mobilehome Issues Committee and the
recommendations be brought to the Council at that time.
Councilman Moore stated in any event Ordinance 1997 should be
reviewed, with a revision regarding the voting privileges of
the Chairman of the Mobilehome Issues Committee.
Minutes - 4 - March 11, 1986
Mr. Seiler informed the Council that the Chairman's role on
the Mobilehome Issues Committee is to administer the
process. The Chairman does not vote on an issue.
The motion to bring this back as a public hearing on May 6 passed
unanimously.
e. RESIGNATION FROM TOWN CENTRE PROJECT AREA COMMITTEE - Joe
Ochoa, %Sears-Roebuck Company, 555 "H" Street, Chula Vista
92010
Mr. Joe Ochoa submitted his resignation from the Town Centre
Project Area Committee. City Manager Goss recommended this
resignation be received with regret and that a letter of
appreciation be Sent to Mr. Oehoa. Since the current Town Centre
Project Area Committee is a consolidation of the Project Area
Committee and the former Parking Place Commission, there will not
be a need to fill this vacancy.
MSUC (Malcolm/Moore) to accept the resignation and send a letter
of appreciation to Mr. Ochba.
PUBLIC HEARINGS AND RELATED RESOLUTIONS & ORDINANCES
4. PUBLIC HEARING CONSIDERING THE VACATION OF A PORTION OF
PUBLIC ALLEY AT THE SOUTH END OF LAS
FLORES DRIVE (Director of Public
Works/City Engineer)
RESOLUTION ORDERING THE VACATION OF A PORTION OF
PUBLIC ALLEY SOUTH OF THE SOUTHERLY
TERMINUS OF LAS FLORES DRIVE
Although the Public Hearing for this matter was set for this
meeting, posting along the proposed vacation was not done for the
entire length of time as required by law, Therefore, it was
recommended the Council continue this public hearing to March 25,
1986.
MSUC (Moore/Malcolm) to continue the public hearing to March 25,
1986.
5. ORAL COMMUNICATIONS - None.
CONSENT CALENDAR (6 - 11)
Items 7, 8, 10 and 11 pulled.
Councilman Moore, in reference to item 6, stated he would oppose
this item due to Council's feelings about using City rights-of-way
for signage.
Minutes - 5 - March 11, 1986
MSUC (Cox/Moore) to approve the Consent Calendar. (Councilman
Moore opposed item 6.)
6. RESOLUTION 12405 APPROVING ENCROACHMENT PERMIT NO. PE-066
FOR SIGN AT 281 "G" STREET (Director of
Public Works/City Engineer)
Mr. D. K. Jordan, owner of the property at 281 "G" Street, is
remodeling the existing structure at that location. He has
applied for an encroachment permit to allow him to place a sign
partially within the City's street right-of-way.
Encroachments of this type must be authorized by Council, in
accordance with Section 12.28.020 of the Chula Vista Municipal
Code.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text
was waived by unanimous consent, passed and approved with
Councilman Moore opposed.
7. RESOLUTION APPROVING EXHIBIT "A" TO THE INTERIM
FACILITIES FINANCING AGREEMENT BETWEEN
THE EASTLAKE DEVELOPMENT COMPANY AND THE
CITY OF CHULA VISTA, ADOPTED BY
RESOLUTION 12307 (Director of Public
Works/City Engineer)
(Pulled from Consent Calendar)
8. RESOLUTION APPROVING AMENDMENT TO CONTRACT NO. 295
WITH THE STATE OF CALIFORNIA, DEPARTMENT
OF YOUTH AUTHORITY, FOR THE SERVICES OF
BILLY COX, SR. AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AMENDMENT (Director of
Public Safety)
(Pulled from Consent Calendar)
9. ORDINANCE 2142 AMENDING TITLE 19 OF THE CHULA VISTA
MUNICIPAL CODE TO INCLUDE THE 1985
MONTGOMERY ANNEXATION AREA IN THE DESIG~
REVIEW PROCESS - SECOND READING AND
ADOPTION (Director of Planning)
The ordinance amending Title 19 of the Municipal Code to require
multiple-family residential projects, major use permit, commercial
and industrial projects within the 1985 Montgomery annexation area
to undergo review and approval by the Design Review Committee was
placed on first reading on March 4, 1986.
Minutes - 6 - March 11, 1986
10. REPORT ON REQUEST OF MR. GEORGE RONIS FOR
RESCISSION OF THE VACATION OF A PORTION
OF TELEGRAPH CANYON ROAD WEST OF
BRANDYWINE (Director of Public Works/City
Engineer)
(Pulled from Consent Calendar.)
11. REPORT EVALUATING THE SYSTEM FOR COUNCIL REVIEW
OF CONDITIONAL USE PERMITS (Director of
Planning)
(Pulled from Consent Calendar.)
END OF CONSENT CALENDAR
7. RESOLUTION APPROVING EXHIBIT "A" TO THE INTERIM
FACILITIES FINANCING AGREEMENT BETWEEN
THE EASTLAKE DEVELOPMENT COMPANY AND THE
CITY OF CHULA VISTA, ADOPTED BY
RESOLUTION 12307 (Director of Public
Works/City Engineer)
Director of Public Works/City Engineer Lippitt explained the
Interim Facilities Financing Agreement dated December 19, 1985,
between the EastLake Development Company and the City, required
that an interim impact fee for certain public infrastructure
required for the development of EastLake I be established and
agreed to at a later date and be set forth as Exhibit "A" to the
agreement. The proposed Exhibit "A" has been agreed to by the
EastLake Development Company.
City Manager Goss noted staff requested this item be continued.
MSUC (Cox/Moore) to continue this item for one week.
8. RESOLUTION 12406 APPROVING AMENDMENT TO CONTRACT NO. 295
WITH THE STATE OF CALIFORNIA, DEPARTMENT
OF YOUTH AUTHORITY, FOR THE SERVICES OF
BILLY COX, SR. AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AMENDMENT (Director of
Public Safety)
On February 29, 1985, the Council adopted Resolution 11938, a
contract with the State Department of Youth Authority, for the
services of Lieutenant Billy Cox, Sr. from May 1, 1985 to April
30, 1986. This contract requires the State to reimburse the City
in full for the salary and fringe benefits paid to Lt. Cox. This
contract has to be amended due to salary and fringe benefit
changes in fiscal year 1985-86.
Minutes - 7 - March 11, 1986
In answer to Councilman Scott's question, City Manager Goss
explained this program shows the City's cooperation with other
public agencies and there is a slight economic advantage to the
City with this arrangement.
Councilman Scott stated this arrangement may not be in the best
interest of the City. The intent of this program has been
side-stepped in that the purpose of the program is to loan someone
to the State and everyone will benefit.
RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
In answer to Councilman Malcolm's question, Captain Keith Hawkins
reported the City has received some recognition for Lt. Cox's work
with the California Youth Authority Program. Lt. Cox spends
approximately 90-95% of his time with the State and occasionally
returns to the City for briefings and investigations.
~SUC(McCandliss/Scott) to refer this to the City Manager's office
for the development of a policy dealing with contract employees
(loaned to other agencies for a specified period of time) to
determine if a policy should be developed and what it should be.
Councilman Moore suggested an annual report be provided to show
the status and advantages of these types of programs to the City.
10. REPORT ON REQUEST OF MR. GEORGE RONIS FOR
RESCISSION OF THE VACATION OF A PORTION
OF TELEGRAPH CANYON ROAD WEST OF
BRANDYWINE (Director of Public Works/City
Engineer)
On December 17, 1985, Council received a request from Mr. George
Ronis to rescind a summary vacation of a portion of Old Telegraph
Canyon Road. The request was made on the basis that his client, V
& V Development Co. was unsuccessful in negotiating an agreement
for ingress and egress with the owners of the vacated property.
The recommendation was that Council accept this report and file
Mr. Ronis' request with no further action.
In answer to Council's questions, Director Lippitt explained staff
mailed a copy of the report to Mr. Ronis last week noting it would
be considered by Council this evening.
MSUC (Malcolm/Cox) to continue this item for one week.
11. REPORT EVALUATING THE SYSTEM FOR COUNCIL REVIEW
OF CONDITIONAL USE PERMITS (Director of
Planning)
Minutes 8 March 11, 1986
In February 1985, Council requested staff study and make
recommendations regarding a re-evaluation of the appeal procedure
for conditional use permits as it applies to matters heard by the
Planning Commission. Council also requested staff prepare a
report discussing the pros and cons of allowing only one member of
Council, either verbally or in writing, to appeal a conditional
use permit approved by the Planning Commission.
Director Krempl recommended Council retain the present procedure
for reviewing CUP's approved by Planning Commission and the
present appeal process. Further~ a text amendment should be
processed to the Zoning Ordinance which would require a rezoning
for any proposed residential development in a commercial zoning
district.
Councilmarl Scott commented on the first sentence on the top of
page three "Staff's opinion is that the present appeal requirement
by the majority of Council is a reasonable one." He suggested
this might not be an accurate statement.
Planning Director Krempl clarified staff's recommendation is that
the appeal be made by a majority of the Council and the reference
on page three is in error.
MS (Malcolm/Scott) to allow one City Councilmember to appeal, in
writing to the City Manager, a Planning Commission decision.
(Councilmember, separate of a Council meeting, can appeal.)
Councilman Moore stated he could not support the motion because he
felt the appeal should be made by the entire City Counc'il.
Council discussion followed regarding the fairness of the current
appeal process, applicants involved in a particular item would be
held up due to the City Council's appeal, abuse of the existing
appeal ordinance.
The motion to allow one Council member to appeal a Planning
Commission decision passed by the following vote:
AYES: Malcolm, Scott, McCandliss
NOES: Cox, Moore
ABSENT: None
MSC (McCandliss/Moore) to accept the report as amended.
(Councilman Moore opposed.)
Minutes - 9 March 11, 1986
12. REPORT OF THE CITY MANAGER
a. Councilmembers were reminded of the workshop on Saturday,
March 15, beginning at 8:00 a.m. (on future growth
guidelines).
Councilman Scott said he would not be at this conference as
he will be out of town to attend his daughter's wedding.
MSUC (Cox/McCandliss) to reschedule the meeting to Saturday, March
22, at 8:00 a.m. followed by a tour of EastLake.
b. MSUC (Scott/Cox) to go into closed session at the close of
the business meeting for discussions pertaining to the
Section 404 Permit, pending litigation (Sierra vs. Coastal
Commission)~ and potential litigation.
13. MAYOR'S REPORT - None.
14. COUNCIL COMMENTS
a. Councilman Scott expressed concern with the proposed
construction of a jail facility in Chula Vista near the dump
site.
MSUC (Scott/Malcolm) to bring back a resolution stating Council's
opposition to another jail in Chula Vista.
b. Councilman Scott stated current vacancies on the Board of
Ethics should be filled.
MS (Scott/Moore) to make those replacements so the Board can come
forth with a study in a more expedient fashion.
Councilman Malcolm recommended asking the presiding judge in
Chula Vista to appoint members to the Board of Ethics rather
than Council making the appointments.
SUBSTITUTE MOTION
MSUC (Moore/Scott) to call the Board to session (as long as there
is a quorum) to get on with business.
c. Councilwoman McCandliss requested that the school districts
be provided with a copy of the EastLake Facilities Financing
Plan. They should also be notified that the City may oppose
the Mello-Roos bill currently under discussion by the school
district.
Minutes - 10 - March 11, 1986
d. Councilwoman McCandliss read an excerpt from a Reader article
pertaining to Council's recent action involving Circus Vargas.
MSUC (McCandliss/Cox) that an appropriate letter be sent to Circus
Vargas expressing the Council's disappointment in this (article)
stating Council felt they had worked out a successful compromise.
e. Councilman Malcolm suggested Council should take a strong
stand regarding the Mello-Roos financing plan.
MSUC (Scott/Malcolm) to docket this an an agenda item (an~ notify
the school districts).
The meeting recessed to Closed Session at 8:23 p.m.
ADJOURNMENT AT 9:55 p.m. to the meeting on Tuesday, March 18, 1986
at 7 p.m. and the Workshop on Saturday, March 22, 1986 at 8:00
a.m. followed by a tour of EastLake.
ie M. Fulas~ ~MC Adele A. Sar4niento
J//City Clerk Deputy City Clerk
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