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HomeMy WebLinkAboutcc min 1986/04/22 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, April 22, 1986 Council Chamber 6:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor Cox; Councilmembers Malcolm, Moore, McCandliss MEMBERS ABSENT: None STAFF PRESENT: Acting City Manager Asmus, City Attorney Harron MSUC (McCandliss/Malcolm) for a Closed Session for discussions on the Section 404 Permit and pending litigation (Sierra Club vs. Coastal Commission). The City Council reconvened at 7:36 p.m. 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 None. 2. SPECIAL ORDERS OF THE DAY a. INTRODUCTION OF "MISS CHULA VISTA 1986" GRACE LIMBAG Miss Chula Vista 1986, Grace Limbag, was introduced by Ms. Bonnie Rubin (representing the Chula Vista Jaycees). b. PROCLAMATION PROCLAIMING THE WEEK OF APRIL 20 THROUGH APRIL 26, 1986 AS "NATIONAL SECRETARIES WEEK" The Proclamation was presented to Ruth Smith, Planning Commission Secretary. c. PROCLAIMING THE WEEK OF MAY 1 THROUGH MAY 8, 1986 AS "NATIONAL YOUTH WEEK" Mayor Cox presented the Proclamation to Evan Rhoades of Elks Lodge 2011. d. PROCLAIMING SATURDAY, MAY 3, 1986 AS "SNOW CHIEF DAY" The Proclamation was presented to Mr. Carl Grinstead, representing the co-oWners of Snow Chief. Minutes - 2 - April 22, 1986 e. PROCLAMATION DECLARING APRIL 1986 AS "SENIOR AIDE RECOGNITION MONTH" Mr. Fred King, representing the East County Council on Aging, accepted the Proclamation. Ms. Sheree Mann, representing Assemblyman Steve Peace's office presented Certificates of Recognition to the 28 Senior Aides. 3. WRITTEN COMMUNICATIONS a. REQUEST TO APPOINT TWO MEMBERS OF THE COUNCIL AS A COMMITTEE WHICH WILL BE BRIEFED ON A WEEKLY BASIS AS TO BAY HOSPITAL ISSUES Robert Larson, President/CEO, Bay Hospital Medical Center, P.O. Box 1537, Chula Vista 92012-1537 MSUC (McCandliss/Moore) to refer the letter to the Council Workshop on Thursday, April 24, 1986 at 4:00 p.m. b. REQUEST FOR CROWD/VEHICLE CONTROL AT MAY 17 BUSINESS SALUTES CHULA VISTA FAIR - Jeri Vanderpool, Chairman, Business Salutes Chula Vista, 233 Fourth Avenue, Chula Vista 92010 City Manager Goss recommended the request from the Chamber of Commerce for crowd control and closure of Fourth Avenue and "F" Street during the Navy Skydivers performance be approved subject to staff conditions. MSUC (Moore/McCandliss) for approval subject to staff conditions. c. REQUEST FOR SUPPORT OF AB 3031 (JOHNSTON), CITY REGULATIONS OF POOR QUALITY CONSTRUCTION OF RESIDENTIAL UNITS Mayor Jack C. Snyder, City of Manteca, 1001 W. Center Street, Manteca, CA 95336 Due to time constraints (the bill will be heard by the Assembly Local Government Committee on April 29, 1986), City Manager Goss recommended a letter of support be written and sent to the Local Government Committee. MSUC (McCandliss/Moore) that a letter of support be written and sent to the Local Government Committee. COMMUNITY APPEARANCE PROGRAM PUBLIC HEARING - RV ISSUE Mayor Cox announced that the public hearing scheduled for this evening's meeting had been rescheduled for 90 days. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 4. PUBLIC HEARING ENTERING INTO A DISPOSITION AND DEVELOPMENT AGREEMENT WITH KIDS UNLIMITED FOR THE SALE AND DEVELOPMENT OF CITY PROPERTY (Community Development Director) Minutes - 3 - April 22, 1986 Due to further negotiations necessary for this agreement, it was recommended this public hearing be continued to May 13, 1986. MSC (McCandliss/Moore) to continue the hearing to May 13, 1986 (Councilman Malcolm opposed). 5. ORAL COMMUNICATIONS a. Elizabeth Annette Jackson, 1512 Melrose Avenue, Chula Vista 92011, stated the City of Chula Vista does not have an ordinance pertaining to discotheques for young adults (under 18 years), which serve non-alcoholic beverages, sponsored by a "for profit" organization which she would like to establish and operate. MSUC (McCandliss/Moore) refer to staff and bring back a report to the City Council. CONSENT CALENDAR (6 15) Item 7, 13, 14 and 15 pulled. MSUC (Cox/McCandtiss) to approve the Consent Calendar. 6. RESOLUTION 12444 SUPPORTING THE AMICUS BRIEF TO BE FILED BY THE LEAGUE OF CALIFORNIA CITIES IN OPPOSITION TO PALMER V. CITY OF OJAI AND DIRECTING THE CITY ATTORNEY TO JOIN IN THE AMICUS BRIEF (Deputy City Attorney) On March 14, 1986, the Court of Appeal in Palmer v. City of Ojai held developers would have their development permits automatically approved if local governments failed to act within one year after their application was submitted. While the principle of processing development permits in a timely fashion is strongly endorsed, the remedy imposed by this court has too severe an impact on innocent third parties. Affected landowners would not be given an opportunity to provide input into projects that could harmfully impact their property and their neighborhood. This decision severely affects the due process rights of landowners by preventing them from receiving notice and an opportunity to be heard. 7. RESOLUTION DECLARING A VACANCY ON THE CITY COUNCIL PURSUANT TO CHULA VISTA CHARTER SECTION 303 (Assistant City Attorney) Pulled from Consent Calendar. Minutes 4 - April 22, 1986 8. RESOLUTION 12445 CALLING FOR SEALED BIDS ON BONDS TO BE ISSUED TO REPRESENT UNPAID ASSESSMENTS UPON LANDS IN AN ASSESSMENT DISTRICT (Director Of Public Works/City Engineer) Assessment District 85-2 will construct water improvements (including 5 million gallon reservoir, pump station, water transmission lines) sewer facilities, and a portion of street improvements in Otay Lakes Road. Council had previously set May 13, 1986 for the public hearing on the formation of the district and the sale of bonds will be considered at that time. The notice of sale calling for sealed bids on ~8,544,426 of bonds describes the terms and conditions of the bonds being offered and the form of the bid which will be required. 9. ORDINANCE 2144 AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE TO CLARIFY AND REGULATE REMODELING OR ADDITIONS TO EXISTING DWELLING UNITS SECOND READING AND ADOPTION (Director of Planning) On March 18, 1986, the City Council considered various amendments to Title 19 of the Municipal Code dealing with changes which would: 1. Limit the total building area within single family and duplex zoned areas involving both new construction as well as additions. 2. Establish a formula wherein any increase from the 'original building square footage to or greater than 50% would require compliance with current zoning regulations. 3. Limit the height of structures within the single family and duplex zones to 24 feet unless a conditional use permit were approved. This ordinance was placed on First Reading on April 15, 1986., amending the height of structures to 28 feet. 10. ORDINANCE 2145 AMENDING SECTIONS 19.04.106, 19.24.030, AND 19.26.030 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO GUEST HOUSE PROVISIONS AND REPEALING EMERGENCY ORDINANCE NO 2124 2ND READING AND ADOPTION (Director of Planning) The proposed amendments prohibit the construction of Guest Houses in the R-1 (Single Family Residence) zone and the R-2 (One and Two Family Residence) zone. The amendments also establish a specific limitation on the occupancy of Guest Houses for any one guest to no more than 90 days per year. This ordinance was placed on First Reading on April 15, 1986. Minutes - 5 - April 22, 1986 11. ORDINANCE 2146 LIMITING AMOUNT OF TAX INCREMENT PAYABLE FROM THE BAYFRONT/TOWN CENTRE REDEVELOPMENT PROJECT AREAS, LIMITING TIME FOR ESTABLISHING LOANS, ADVANCES AND INDEBTEDNESS TO FINANCE SAID PROJECT AREAS, AND LIMITING TIME FOR COMMENCING EMINENT DOMAIN PROCEEDINGS WITHIN SAID PROJECT AREAS (City Attorney/Community Development Director) State Senate Bill 690 requires redevelopment plans adopted prior to October 1, 1976 to incorporate new limitations concerning the allocation of tax revenues, establishing and incurring debt and commencement of eminent domain proceedings. The Council placed this ordinance on First Reading on April 15, 1986. 12. ORDINANCE 2147 AMENDING CHAPTER 2.60 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO LOST AND STOLEN PROPERTY (Director of Public Safety) Ordinance 2147 amends City Ordinance 2.60 relating to the processing of found bicycles which do not have serial numbers. It was placed on First Reading on April 15, 1986. 13. REPORT POTENTIAL DESIGNATION OF CHULA VISTA AS THE SOUTHERN HOME PORT OF THE TALL SHIP CALIFORNIAN (Director of Management Services) Pulled from Consent Calendar. 14. REPORT ON MELLO ROOS FINANCING FOR SCHOOLS IN THE EASTLAKE PROJECT (Director of Public Works/City Engineer) Pulled from Consent Calendar. 15. REPORT ON THE STATUS OF THE VILLA SAN MIGUEL SUBDIVISION (Director of Public Works/City Engineer) Pulled from Consent Calendar. END OF CONSENT CALENDAR 7. RESOLUTION 12446 DECLARING A VACANCY ON THE CITY COUNCIL PURSUANT TO CHULA VISTA CHARTER SECTION 303 (Assistant City Attorney) This resolution shall declare the Seat formerly held by Councilman Scott as vacant. Minutes - 6 - April 22, 1986 Councilwoman McCandliss requested clarification of the City Council's requirements since Chula Vista is a Charter City and questioned whether the Council had the option to hold the Seat open until November. City Attorney Harron explained the provisions of the Charter which stipulate the Council has 30 days in which to make an appointment; otherwise, a special election shall be called "forthwith." Noting a special election can be called as early as August 15, the City Attorney commented the cost of such election would be about $85,000. He recommended the election for the vacancy be held at the next general election - November 4, 1986. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 13. REPORT POTENTIAL DESIGNATION OF CHULA VISTA AS THE SOUTHERN HOME PORT OF THE TALL SHIP CALIFORNIAN (Director of Management Services) At its meeting of March 24, the City Council directed staff to investigate the advantages and disadvantages of attempting to attract the Tall Ship Californian to the Chula Vista Marina. The ship's organization, the Nautical Heritage Society, is seeking a Southern California location to serve as the ship's southern home port for approximately 1/3 of the year. Staff has discussed the possibility of Chula Vista becoming one of the ship's home ports with the Nautical Heritage Society, the City's Port Commissioner, the Chamber of Commerce and the Chula Vista Marina. Based on those discussions, staff has formulated an outline of a potential agreement for Chula Vista to become the southern home port. It was recommended Council: 1. Approve in concept the terms for a home port agreement between the City and the Californian. 2. Direct staff to negotiate a preliminary agreement and authorize the expenditure of $5,000 from the City's visitor promotion budget to pay the first portion of a potential annual $15,000-25,000 grant to the Californian. 3. Authorize the Mayor to send letters requesting financial and other support from the Port District, County of San Diego, and the Chula Vista Marina. Mr. Rusty White, 528 Savoy Street, San Diego 92106, representing the Nautical Heritage Society, commended the City for their initiative in working with the Society to develop this plan. Minutes - 7 - April 22, 1986 In answer to Councilwoman McCandliss' question, Mr. White stated depending on the weather and when the ship is in port, the public is allowed to board the ship in the morning for tours (ship sails in the afternoon). Mr. Phil Scheuer, 1319 Costa Avenue, Chula Vista 92011, representing the Quarter Deck Committee discussed the following: the Bayfront needs something to bring pride to the City; Chula Vista is a waterfront City that does not have a waterfront attraction; the Ship would be a promotional tool; suggested Mark Cox be designated as the liaison with the Quarter Deck Club. Council discussion ensued regarding specifically when the ship will be ported in Chula Vista - during which times of the year. It was also suggested the Council provide guidance as to what times of the year Chula Vista would desire the Tall Ship Californian to be homeported. As the schedule for this ship is currently being prepared for the 1987 season, an immediate response by the City Council was requested. MSUC (Cox/McCandliss) to accept the staff report. MSUC (Cox/McCandliss) (regarding a liaison between the City and representatives of the Californian) authorize staff to designate whoever they think would be appropriate. 14. REPORT ON MELLO ROOS FINANCING FOR SCHOOLS IN THE EASTLAKE PROJECT (Director of Public Works/City Engineer) The EastLake Public Facilities Financing Plan suggests the formation of a Community Facilities District under the Mello-Roos legislation for the financing of the parks, water and fire station, and other public facilities including schools in the proposed EastLake development. At the March 11, 1986 meeting of the City Council, staff was requested to prepare a report and recommendation regarding the use of Mello-Roos financing for the EastLake Development Project. Councilman Malcolm stated since he is a potential homebuyer in EastLake, and until the City Attorney receives a ruling from the FPPC, he would not participate in discussions. (Councilman Malcolm left the dais at this time.) Mr. Bob Santos, 701 "B" Street, Suite 730, San Diego 92101, representing EastLake Development Company, supported staff's recommendation not to oppose the method of financing; Mello-Roos financing is the only feasible means to provide schools in EastLake; EastLake Development Company is working with the school Minutes 8 April 22, 1986 district, their consultant and the City; if school district does not wish to utilize Mello-Roos financing to provide schools, EastLake would like to come back to the Council to address this; distributed information on Mello-Roos which was presented to the Sweetwater Union High School District. Councilwoman McCandliss discussed the unanticipated fees; open space assessments, homeowner assessment, and school fees and suggested that this information be provided to all potential homebuyers. In response, Mr. Santos stated an information packet including a listing of the assessment districts was provided to homebuyers. MSC (Cox/McCandliss) to continue this item to May 6 to find out if there is a conflict (the City Attorney will be receiving a ruling from the FPPC) before Council takes action on this report. (Councilman Malcolm abstained.) Mayor Cox commended EastLake Development Company as well as City staff for an excellent grand opening this past weekend. 15. REPORT ON THE STATUS OF THE VILLA SAN MIGUEL SUBDIVISION (Director of Public Works/City Engineer) City Engineer Lippitt explained City Council approved the final map and subdivison improvements agreement for the Villa San Miguel Subdivision on January 13, 1981. That subdivision project has never been constructed and in fact, the only public improvements installed was the off-site sewer and storm drain near Bonita Glen Drive. Director Lippitt also discussed: condemnation of the easement across Mr. Frank Ferreira's property and subsequent lawsuit filed because of this action; U.S. Supreme Court did not hear this case until 1984; discussed options available to the City Council. The recommendation was for Council to call on the developer or bonding company to replace retaining wall, and complete off-site sewer and storm drain improvements and delay action until lawsuit is settled or six months whichever is sooner for the remainder of subdivision improvements. Mr. Steve Schwartz, 4026 Dove Street, San Diego 92103, representing Percova Corporation - Owner of Villa San Miguel Subdivision, stated Percova does not object to the City monitoring the project but cautioned the City would become vulnerable with further involvement in a private dispute. He suggested the City not take any action due to legal ramifications. Minutes - 9 - April 22, 1986 Mr. Michael Poynor, Sternberg, Eggers, Kidder and Fox, Suite 1900, 225 Broadway, San Diego 92101, representing Frank Ferreira, appeared before the Council to discuss the following: Mr. Ferreira requested City Council force the property owner (Percova) to keep its promises regarding subdivision improvements; the developer has ignored "stop work orders" issued by the City; Mr. Ferreira has recorded a "lis pendens" against the property indicating there is a lawsuit pending; mechanic liens have been filed against the property owner because suppliers were not paid for their involvement in the sewer/storm drain project; CAL OSHA warnings have been ignored; owners in default of the property taxes; suggested Council call up the bonds recognizing the project is "going nowhere." Councilman Malcolm noted the subdivision was approved in 1979 as a result of a consensus by property owners in the subdivision that certain improvements would be made; the 30 feet slope banks proposed for the subdivision are inappropriate; suggested taking back the map due to unfulfilled commitments. Mr. Ferreira testified: it has never been his objective to stop development of this subdivision; if the subdivision had been properly developed, the City would not have had to condemn the easement across his property; he has tried to stop "bad planning" of this project; the area calls for the extension of Cresta Way. Discussion ensued involving stop work Orders issued by the City Engineer, warnings by CAL OSHA; necessity of a public hearing on this subdivision; state law requires bonding to insure sewers are installed to certain specifications. MSUC (Malcolm/McCandliss) to schedule a public hearing on reverting the property and authorize the City Attorney and staff to take whatever necessary appropriate measures to hold that meeting. 16. REPORT OF THE CITY MANAGER a. Acting City Manager Asmus reported the San Diego Historical Society has requested the City provide shuttle bus service during the Designer Showcase. A special appropriation for the estimated 70 hours for Chula Vista Transit to provide service was requested. MSC (Cox/Malcolm) to have staff come back with a resolution to appropriate those funds (~1,478 for Designer Showcase). Councilman Moore noted backup funds are available from the Diamond Anniversary Committee for shuttle bus service. Minutes 10 - April 22, 1986 b. A letter has been received from the County of San Diego regarding construction of the Bayfront Trolley Station and relocation of Cabrillo Lanes. Future needs regarding this project were discussed, including agreement to provide 150 paved parking spaces, protective walkway, and delivery access for patrons at all times during construction. c. The City has received a request from Stafford-Gardner Development regarding immediate closure of Flower Street between "E" Street and Hilltop Drive for 90 days during construction of their project at this location. Acting City Manager Asmus stated staff does not feel this request is justified without proper notification to residents in the area. MSUC (Malcolm/Cox) ~o refer this to staff for a report. d. Acting City Manager Asmus suggested a special Council Conference may be necessary in order to award the contract for the Library carpeting. Due to the time sensitivity of this project (installation by July 4), contract award must be made before the May 6 meeting. 17. MAYOR'S REPORT a. MSUC (Cox/McCandliss) for a Closed Session (at the end of the business meeting) for continued discussion of pending litigation (Sierra Club vs. Coastal Commission) and the Section 404 Permit. b. MSUC (Cox/McCandliss) to adjourn this meeting to Thursday, April 24, at 4:00 p.m., to deal not only with Bay Hospital Medical Center/National Medical Enterprises but if there is a need to bring up any other items (such as Library carpeting). c. MSUC (Cox/Malcolm) to designate Councilman Moore as the voting member on the SCOOT Board of Directors and designate Councilwoman McCandliss as the alternate (replacing Councilman Scott). d. MSUC (Cox/Moore) to designate Councilman Moore as the alternate to SANDAG committee (replacing Councilman Scott). e. Discussion ensued regarding appointment to the Metropolitan Transit Development Board (MTDB) (replacing Councilman Scott) and whether or not this appointment should be an elected official. It was moved by Councilman Malcolm to request MTDB to replace the seat held by Frank Scott with Councilman Moore. The motion died for lack of a second. Minutes - 11 - April 22, 1986 f. Councilman Moore suggested the City's MTDB representative bring up the question of whether or not designated members should be elected officials, or ask why this requirement is not in the bylaws. MS (Moore/Cox) to send a letter or have the City's representative on MTDB address this particular item with the Board. Councilwoman McCandliss stated perhaps the MTDB bylaws should be amended to require that representatives be elected officials. Independent of the motion, she would discuss the Council's concern regarding appointment of Frank Scott to MTDB with another elected official. Mayor Cox clarified the motion would be to encourage MTDB to make a requirement for members of the Trolley Board to be elected officials. The motion regarding addressing the MTDB passed unanimously. 18. COUNCIL COMMENTS a. Councilman Malcolm expressed concern regarding toxins coming into the BKK plant are leaving untreated. MSUC (Malcolm/Moore) to have staff bring back a report in two weeks on what possible action the City Council can take to correct toxins coming in and leaving untreated and what BKK plant. b. Councilwoman McCandliss commented on the potential growth of the City due to projects such as EastLake suggesting some type of brochure/letter containing information on the City be sent out to the new home-owners. MSUC (McCandliss/Cox) the Council approve, in concept, the development of such an information packet to refer this to staff to come back to Council for approval. c. Mayor Cox suggested Council begin screening the 25 applications for the Council vacancy on Thursday (April 24), and Council begin interviews on Saturday morning. d. Councilman Moore stated the Chula Vista song committee has selected a song in conjunction with the City's Diamond Anniversary. He requested use of either the Council Conference Room or the Council Chambers on Saturday morning, April 26, with either May 6 or May 13 to be scheduled for formal presentation of the song to the City Council. MSUC (Cox/Moore) to docket presentation of the City song on May 6, 1986. Minutes - 12 - April 22, 1986 e. Councilman Malcolm noted Supervisor Bilbray requests use of the Council Conference Room on Friday, April 25 for a meeting on integration of County parkland with Chula Vista. MSUC (Cox/Malcolm) to reserve the Council Conference Room on Friday, April 25, at 4:30 p.m. for a meeting for Supervisor Bilbray. The Council recessed at 9:45 p.m. to Closed Session. The City Clerk was excused and the Acting City Manager reported Closed Session ended at 10:50 p.m. ADJOURNMENT AT 10:50 p.m. to the Council Conference on Thursday, April 24, 1986, at 4 p.m. and to the regular meeting of Tuesday, May 6, 1986 at 4:00 p.m. {,~// ~e ~. ~lasz, C~C Adele A. sarm~ento clty Clerk Deputy C~ty Clerk 0782C STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER COUNTY OF SAN DIEGO ) ss OF ADJOURNMENT OF MEETING CITY OF CHULA VISTA ) I, Adele A. Sarmiento, being first duly sworn depose and say: That I am the duly chosen, qualified and acting Deputy City Clerk of the City Council of the City of Chula Vista. That the regular meeting of the City Council of the City of Chula Vista was held Tuesday, April 22, 1986, and said meeting was adjourned to the time and place specified in the Order of Adjournment ATTACHED HERETO: That on Wednesday, April 23, 1986, at the hour of 10 a.m. I posted a copy of said order at a conspicuous place on or near the door of the place at which said meeting of April 22, 1986, was held. Deputy City Clerk Subscribed and sworn to before me this 19~. N ~uublZl~cic nty te of Califor~ ~ MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday, April 22, 1986 The City Council met in the Council Chamber of the Public Services Building, 276 Fourth Avenue on the above date at 7 p.m. with the following: Councilmen Present: McCandliss, Cox, Malcolm, Moore Councilmen Absent: None ADJOURNMENT The Mayor adjourned the meeting until Thursday, April 24. 1986. at 4 p.m. in the Council ~/~Conference Room, City Hall/ 3Z4a~)l~x~X~x~ 276 Fourth Avenue, Chula Vista, California. I, Adele A. Sarmiento, Deputy City Clerk of the City of Chula Vista, DO HEREBY CERTIFY that this is a full, true and correct copy of an order by the City Council at the meeting of April 22, 1986 Deputy City Clerk City of Chula Vista, California