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HomeMy WebLinkAboutcc min 1986/06/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, June 17, 1986 Council Chamber 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor Cox; Councilmembers Malcolm (arrived late), Moore, Campbell, McCandliss MEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, Assistant City Attorney Gill 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 May 27, June 3, 4, 5, 9 and 10, 1986. Councilman Moore requested changes to pages 5 and 6 for the minutes of June 9. Page 5: Intent of the motion (regarding funding of residential alleys) was to have all costs paid by the property owner and not by the City. Page: Paragraph 5 regarding description of duties for the Administrative Aide to the City Council should be part of the motion. MSUC (McCandliss/Campbell) to approve the minutes as corrected (Councilwoman McCandliss abstained on minutes of June 3, 9, and 10 due to her absence from those meetings). 2. SPECIAL ORDERS OF THE DAY - None. 3. WRITTEN COMMUNICATIONS a. REQUEST FOR REAPPOINTMENTS TO PLANNING COMMISSION Ruth Smith, Planning Commission Secretary The appointments of William S. Cannon and Thomas L. Shipe expire June 30, 1986; both have requested reappointment. Minutes - 2 - June 17, 1986 The City Manager recommended this communication be acknowledged, noting that the City Council will be considering appointments to the Planning Commission in the near future. MSUC (Cox/McCandliss) to communicate this information to the Planning Commission members (City Manager's recommendation). b. REQUESTS RELATING TO CONDUCTING ANNUAL DOWNTOWN CHULA VISTA COUNTRY FESTIVAL ON SATURDAY, JULY 19, 1986 - Annette Chester, Downtown Coordinator, Chamber of Commerce, 233 Fourth Avenue, Chula Vista The Downtown Committee requested the following be provided by the City: close Third Avenue from Davidson to Madrona; street barricades; Police reserves; waiver of business license fees; equipment set-up and removal; beer garden. The Downtown Committee will provide liability insurance, notify surrounding residences and businesses of this event, post "No Parking" signs on Third Avenue, and street sweep after the event. The City Manager recommended this request be approved subject to staff conditions, giving particular attention to the noise aspects of the beer garden. MSUC (Moore/McCandliss) for approval subject to staff conditions. c. REQUEST TO SUPPORT SB 2543 (STATE BOND FUNDING FOR JAIL CONSTRUCTION) Mayor Jack Doyle/Councilman Jim Bartell, City of Santee, 10765 Woodside Avenue, Santee 92071-3198 SB 2543 allocates the Proposition 52 state bond funding for jail construction. This bill was recently amended with special legislation for San Diego and Los Angeles counties to require City Council approval for all new county jail projects within their jurisdictions. In view of past Council actions, subject to Legislative Committee review if necessary, the City Manager recommended SB 2543, as amended, be supported. MSUC (Cox/Moore) to accept staff's recommendation. d. SUGGESTED PROPOSALS REGARDING BONITA/SUNNYSIDE FIRE PROTECTION DISTRICT Paul Southworth, Vice Chairman, Bonita Sunnyside Fire Protection District, 4035 Bonita Road, Bonita 92002 This communication represents a proposal offered by the Bonita/Sunnyside Board, which would extend the existing contract for an additional six months in order to give the Council sub-committee additional time to study the ramifications of a proposal which might include City participation in the construction of a new fire station. Minutes - 3 - June 17, 1986 If the Council sub-committee supports this proposal, the City Manager recommended additional time be allowed to see if the problem can be resolved. MS (Moore/Campbell) on staff's recommendation. 'Mayor Cox explained the Council sub-committee is currently composed of himself and Councilwoman McCandliss; the Bonita/Sunnyside Fire Protection District notified the City of their intent to terminate the agreement effective January 1, 1986; fire station facilities are necessary to service this area and those areas closest to the former Montgomery area; financial participation needs should be addressed; agreement primarily addresses proposed existing level to be maintained on a month-to-month basis in order to put together a memorandum of understanding for acquisition of a new site and construction Of facilities. John Green, 3768 Valley Road, Bonita 92002, representing the Board of Directors Of the Bonita/Sunnyside Fire Protection District; Orville Moody, 694 Gretchen Road, Chula Vista; Captain Don Ruffel, Bonita; Phil Sheuer,. 1319 Costa Avenue, Chula Vista 92011; supported this agreement, including the following comments: .agreement provides Bonita ~n~ ~m~r Montgomery residents with necessary services; this agreement is for the Denefit of the ~/~ taxpayers in this area; would like to see a clean transition to ~ provide prudent judgement necessary as indicated in the contract; public safety should be the priority of City Council. Mayor Cox suggested a plan should be developed which would benefit all residents and one with a long-term duration (rather than containing yearly renewals). SUBSTITUTE MOTION MSUC (Cox/McCandliss) authorize staff to meet with the Bonita/Sunnyside Fire Protection District staff and Board and come up with a proposed agreement and work towards acquisition of a site and development of a fire station and include funding necessary to continue the existing Fire Protection District agreement for a period of up to 6 months (in conjunction with Council sub-committee of two). e. REQUEST FOR FINANCING A GENERAL CITY INFORMATION PERSON - Chamber of Commerce, 233 Fourth Avenue, Chula Vista Due to increased inquiries the City Council is requested to enter into an agreement with the Chamber of Commerce to provide general information services on the City to the public~on behalf of the City. City Manager Goss recommended this request be acknowledged and considered during a Council workshop. MSUC (McCandliss/Campbell) to refer this to staff for consideration. Minutes - 4 - June 17, 1986 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 4. PUBLIC HEARING PROPOSED CHANGES TO CITY ORDINANCE 1997, MOBILEHOME RENT MEDIATION (Continued from May 27, 1986)(Community Development Director) This being the time and place as advertised, Mayor Cox declared the public hearing open. At the City Council meeting Of June 10, 1986, Council requested that this item be continued to July 8, 1986 in order to allow the Mobilehomes Issues Committee more time to consider the ordinance pertaining to rent mediation. Mayor Cox stated additional time has been requested for the Mobilehome Issues Committee to consider this item. MSUC (Cox/McCandliss) to continue the public hearing to July 15, 1986 (and re-advertise the hearing). 5. PUBLIC HEARING COASTAL DEVELOPMENT PERMIT FOR THE EMERGENCY ACTIONS TAKEN BY THE CITY OF CHULA VISTA, CALIFORNIA TO PROTECT THE ENDANGERED CALIFORNIA LEAST TERN (Community Development Director) RESOLUTION 12523 AUTHORIZING THE ISSUANCE OF A COASTAL DEVELOPMENT PERMIT TO THE CITY OF CHULA VISTA FOR THE REPAIR AND STRENGTHENING OF THE PREVIOUSLY EXISTING FENCE AT THE WESTERN END OF THE "D" STREET FILL AND TRIMMING OF ALL VEGETATION OVER 18 INCHES IN HEIGHT WEST OF THE FENCE This being the time and place as advertised, Mayor Cox declared the public hearing open. In his written report to Council, Community Development Director Desrochers explained that the Chula Vista Bayfront Specific Plan was certified Dy the California Coastal Commission January 25, 1985. The Local Coastal Plan includes coastal development procedures determined by the Commission to be legally adequate for the issuance of c6astal development permits. Thus, the City of Chula Vista has assumed permit authority for the Chula Vista Coastal Zone. The actions taken by the City of Chula Vista to strengthen the fence protecting the Least Tern nesting area and trimming of vegetation over 18 inches in height within the nesting area is now being presented to the City Council for a public hearing and Minutes - 5 - June 17, 1986 approval of a coastal development permit. If the Council accepts the staff recommendation to issue a permit, the City's action will become final 21 days from this hearing date unless an appeal is filed with the State Coastal Commission within 10 working days following the hearing. Director Desrochers reported instances of vandalism; the fence is checked at least once a week; vandalism has been reported to the U.S. Fish and Wildlife Service as well as the U.S. Attorney General's office; Port District has been notified regarding mitigation measures on bird sanctuary; a plan for isolation of the Least Tern habitat is being pursued. There being no public testimony either for or against, the hearing was closed. RESOLUTION OFFERED BY COUNCILMAN CAMPBELL, the reading of the text was waived by unanimous consent, passed and approved unanimously. 6. PUBLIC HEARING RECONSIDERATION OF VARIANCE ZAV-86-26 TO INCREASE LOT COVERAGE FROM 40% AND TO INCREASE THE NUMBER OF STORIES AT 165 MURRAY STREET (Director of Planning) RESOLUTION 12524 CONDITIONALLY APPROVING A VARIANCE FOR INCREASE IN LOT COVERAGE FROM 40% TO 46.2% AT 165 MURRAY STREET This being the time and place as advertised, Mayor Cox declared the public hearing open. This item involves a request to increase the allowable lot coverage from 40% to 61% and to increase the allowable number of stories from 2.5 to 3.0 for the single-family dwelling at 165 Murray Street in the R-1 zone. Planning Director Krempl discussed and answered questions which surfaced during the hearing process; summarizing the applicant's changes to the plans since the original building permit was issued (i.e., raising the roof, providing stairway access to upper level, adding outside deck on top of house. It was noted that over 300 letters in support of the structure were received by the City Clerk's Office (form letters). Staff recommends two alternatives for Council consideration, including: 1. Deny the variance request for the increase in the number of stories; 2. Deny as filed the lot coverage variance request for 61 percent but adopt a resolution approving a variance for 46.2% lot coverage based on the findings listed at the end of this report, and subject to the following conditions: Minutes - 6 - June 17, 1986 a. The existing 20' x 65' accessory structure located at the rear of the lot shall be removed. b. The maximum height of the dwelling shall not exceed 30 ft. measured from the highest point of the roof. c. The exterior design Of the dwelling shall be reviewed and approved by the Chula Vista Design Review Committee. In answer to Councilman Campbell's question, Building and Housing Director Grady stated the concrete pad consists of 53 square feet and the estimated cost to change the pitch of the roof is approximately ~4,200. The following individuals registered support of the structure: Joseph Raso, 165 Murray Street, Chula Vista; Kitty Raso, 155 Murray Street; Kathy Orth, 165 Murray Street; Carol Albrecht, 330 Telegraph Canyon Road; Kim Acker, 266 "J" Street; Don Burris, 158 Minot, Ken Facto, 388 Parkway, #8; Fred Gadary, 161 Second Avenue; Mark Wilson, 132 "L" Street; Tom Guerin, 3648 Belle Bonnie Brae, Bonita. Their comments were as follows: concurred a pre-site inspection was made on the premises as requested by Raso; mistakes made by both the City and Raso; slides submitted depicting existing structure; $130,000 borrowed to construct the house; noted comments made by Esgil Corporation on original plans regarding height; staff never looked at the plans; unaware of the 40% lot coverage requirement at time of plan submittal; virtually impossible to move the walls of the structure at this time; submitted petitions signed by the neighbors requesting Council let the house stand; does not want the variance but desires to make the house legal; Raso family living in dark and no ventilation exists in the structure; City has misguided and ill-advised Raso; issue is not a matter of aesthetics anymore. Speaking in opposition to the project were: Helen Wadsworth, 175 Murray Street (also representing the Meyers family); Peter Wall , 156 Halsey Street, Dan Wall , 156 Halsey Street; Michael Burgess, 166 Halsey Street; Lorna Barratt, 181 Halsey Street. Their concerns included: project is not a remodeling - it is a redesign of something incompatible in the R-1 zone; neighbors want Raso to modify the structure; house does not meet specifications; shed should be torn down; Raso never made effort to meet with neighbors; privacy of neighbors has been invaded; taxpayer should not be responsible for paying for these mistakes; slides submitted depicting the view behind the Raso house; sundeck overlooks property behind Raso house; questioned potential fire hazard; questioned access to emergency vehicles on the cul-de-sac. Minutes - 7 - June 17, 1986 There being no further testimony either for or against, the public hearing was closed. Councilwoman McCandliss commented the recommendation is a compromise that will retain the basic footprint but mitigate problems in the neighborhood. In answer to Councilman Campbell's question, Mr. Raso indicated if this is Council's desire he will try to stay out of the design of the house because he was informed the City will pay for this. He indicated he could not pay for these materials as he has already secured a ~130,000 loan from the bank. Council discussion followed concerning the previous Council meeting at which a compromise was reached and Mr. Raso requested to go through Design Review; staff approved 35 feet to the top of the ridge; suggestion to accept staff's recommendation and consider financial responsibilities of both parties to resolve the problem. MSC (Cox/McCandliss) accept staff's recommendation to deny the variance request as submitted but allow lot coverage of 46.2% based on finding in the staff report including the conditions listed in the resolution: (1) existing structure be removed; (2) maximum height of the dwelling unit shall not exceed 30 feet from the highest point of the roof and; (3) exterior of building to be approved by the Design Review Board (Councilman Malcolm opposed). RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved with. Councilman Malcolm voting "no." It was noted financial compensation on a shared basis (between Raso and the City) regarding modification should be considered. Councilwoman McCandliss said she could not support the suggestion based on the drawings submitted tonight noting the Design Review Committee recommended Mr. Raso hire an architect to design .the exterior of his dwelling. Councilman Campbell supported the resolution and requested staff work with Mr. Raso to determine the cost of complying with the intent of the resolution; this is to be brought back to the Council as soon as possible so the shared amount can be decided. MSC (Cox/Campbell) ask staff to work with Mr. Raso in coming up with a design for his home that would make it comply with the previously approved variance and staff to come back with costs Minutes - 8 - June 17, 1986 associated with implementing that modification between the City of Chula Vista and Mr. Raso (included in the motion is for staff to get some costs, to get some design assistance and incorporating that into the report). (Councilman Malcolm opposed.) MSUC (Moore/Campbell) staff be directed to prepare a policy pertaining to plans submitted to staff for major dwelling unit expansions and bring this back to Council. 7. PUBLIC HEARING CONSIDERATION OF UTILITY USER'S TAX (Director of Finance) RESOLUTION ESTABLISHING THE RATE FOR THE UTILITY USERS TAX BETWEEN JULY 1, 1986 AND DECEMBER 31, 1986 This being the time and place as advertised, Mayor Cox declared the public hearing open. It was requested this item be trailed following the pgblic hearing on adoption of the budget. 8. PUBLIC HEARING CONSIDERATION OF THE ADOPTION OF THE BUDGET FOR FISCAL YEAR 1986-87 INCLUDING THE PROPOSED USE OF GENERAL REVENUE SHARING FUNDS (City Manager) RESOLUTION 12525 APPROVING THE ADOPTION OF THE FINAL BUDGET OF THE CITY OF CHULA VISTA FOR THE FISCAL YEAR BEGINNING JULY 1, 1986 AND ENDING JUNE 30, 1987 AND THE PROPOSED USE OF $1,340,000 OF THE GENERAL REVENUE SHARING ENTITLEMENTS This being the time and place as advertised, Mayor Cox declared the puDlic hearing open. The City Council has reviewed the proposed 1986-87 operating and capital budgets through a series of budget review workshops. In accordance with the City Charter, a public hearing is now required to consider the general City budget and proposals relating to the expenditure of revenue sharing monies. City Manager Goss reported the adjustments made to the proposed 1986-87 budget during Council budget review sessions for a fund total of ~67,890; the Capital Improvement Program fund changes total $774,800; the total Operating Budget and CIP changes total $836,600. Minutes - 9 - June 17, 1986 City Manager Goss noted the corrections on Exhibit "A" of the resolution pertaining to the operating budget: under the "Total General Fund Operating Budgets" the figure should be changed to read ~29,291,400; under the "Grand Total All Funds - Operating Budgets" should be changed to $35,088,535; change the Grant Total Operating Capital Budgets figure to $44,285,035. Councilwoman Mccandliss discussed the Heritage Park proposal including funding source and legal ramifications, if any, for moving historical homes. In addition, she commented on the preliminary approval of the Administrative Aide position to the Mayor and City Council indicating staff support should come from the City Manager's office. She suggested Council appropriate ~20,000 in the City Manager's budget to study and review the clerical and assistant administrative support. There being no further testimony either for or against, the public hearing was closed. It was moved by Councilwoman McCandliss that the Council rescind the ~40,000 appropriation in Account 0105 (for Administrative Aide) and in its place appropriate in the City Manager's account ~20,000 with the direction to review and report back to the Council on an analysis of the administrative and clerical support to the City Council and Mayor. The motion died for lack of second. Councilman Malcolm discussed the percentage of Police officers out "on the beat" as compared to those inside writing reports; cited problems on the streets because officers are not patrolling; additional officers are needed due to increased crime. MS (Malcolm/Campbell) put another "beat" ~fficer) on the Police force at a cost of $250,000. SUBSTITUTE MOTION MSUC (Moore/Cox) hire up to five additional officers the assignments to be determined and appropriate review and data presented to the Council for approval and approve ~250,000 for. funding that program. MSC (Cox/McCandliss) to increase the budget by ~22,090 to provide for a month-to-month extension of the agreement with the Bonita/Sunnyside Fire District (for up to 6 month agreement). (Councilman Malcolm voted "no.") MSUC (McCandliss/Malcolm) add to the referral on the Heritage Park, the issue of what will happen to the heritage homes scheduled to be demolished because the property owners are not interested in renovating or are not interested in preserving the home. Minutes - 10 - June 17, 1986 RESOLUTION OFFERED BY MAYOR COX, as amended, the reading of the text was waived by unanimous consent, passed and approved with Councilwoman McCandliss opposed to the $40,000 for Administrative Aide. 7. PUBLIC HEARING CONSIDERATION OF UTILITY USER'S TAX (Director of Finance) RESOLUTION 12526 ESTABLISHING THE RATE FOR THE UTILITY USERS TAX BETWEEN JULY 1, 1986 AND DECEMBER 31, 1986 On June 29, 1978, the City Council approved and adopted Ordinance 1803. This Ordinance requires that two public hearings be held annually, one in November and a second no later than the time the City Council schedules its public hearing for adoption of the budget. It is estimated that the Utility User's Tax will generate $2,130,000 in General Fund Revenue for the current fiscal year 1985-86. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 9. PUBLIC HEARING ESTABLISHING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 1987 (Director Of Finance) RESOLUTION 12527 ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR ENDING JUNE 30, 1987 Government Code Section 7910 requires each local government to establish its Gann (Article XIIIB of the California Constitution) appropriations limit by resolution each year at a regularly scheduled meeting or noticed special meeting. The State Department Of Finance is charged with providing the data necessary for local jurisdictions to establish their appropriation limit. Based on this data, the 1986-87 appropriation limit has been calculated as follows: Fiscal Year 1985-86 Appropriation Limit $26,351,793 Increase by the March to March U. S. All Urban Consumer Price Index (CPI) x 1.023 (2.3%) Increase by the Population Change in Chula Vista from Jan. 1, 1985 to Jan. 1, 1986 x 1.2855 (28.55%) FISCAL YEAR 1986-87 APPROPRIATIONS LIMIT ~ 34,654,360 Minutes - 11 - June 17, 1986 The significant increase in population from 90,487 to 116,325 or +28.55% is mostly due to the newly annexed area and is reflected in the substantial increase in the appropriations limit for FY 1986-87. The "Proceeds of Taxes" subject to the appropriations limit are estimated to be $24,812,161 for FY 1986-87. Chula Vista has a comfortable appropriation "gap" of $9,842,199. The City Council recessed to Closed Session at 10:30 p.m. and reconvened at 10:40 p.m. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 10. ORAL COMMUNICATIONS a. William Klump, Chula Vista, expressed his concern regarding the trash collected at the back of the Lion's Club after parties at the Club. MSUC (Cox/Malcolm) to refer to staff to contact the operational section of the Lions Club and advise them of what's going on and advise them to pay more attention to the neighborhood. b. Bill Ayres, 44E. Mankato Street, Chula Vista, representing the County Veteran's Association asked City Council to send letter to Board of Supervisors to support the reinstitution of the County's Veterans Office - in principle. MSUC (McCandliss/Campbell) to send a "strong" letter of support to the Board of Supervisors. CONSENT CALENDAR (11 -24) Items 11, 12a, 12b, 13, 15a, 15b, 19, 21, 21a, 22, 24 MSUC (McCandliss/Cox) to approve the Consent Calendar. 11. RESOLUTION ADOPTING THE NEGATIVE DECLARATION FOR IS-86-50 ROHR PARK MASTER PLAN AND ADDENDUM TO NEGATIVE DECLARATION FOR IS-86-10 ROHR PARK LIGHTED BALLFIELDS AND APPROVING THE SWEETWATER VALLEY/ROHR MASTER PLAN (Director of Parks & Recreation) Pulled from Consent Calendar. 12a.RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF BONDS PURSUANT TO THE "IMPROVEMENT BOND ACT OF 1915" FOR ASSESSMENT DISTRICT NO. 85-2 (Director of Public Works/City Engineer) Minutes 12 - June 17, 1986 b. RESOLUTION DETERMINING UNPAID ASSESSMENTS IN SPECIAL ASSESSMENT DISTRICT NO. 85-2 Pulled from Consent Calendar. 13. RESOLUTION APPOINTING LEIGHTON AND ASSOCIATES AS THE GEOTECHNICAL CONSULTANTS TO PROVIDE SOIL AND MATERIAL TESTING FOR ASSESSMENT DISTRICT 85-2 CONTRACT III-A AND APPROPRIATING FUNDS TO COVER THEIR SERVICES (Director of Public Works/City Engineer) Pulled from Consent Calendar. 14. RESOLUTION 12528 DECLARING THE COUNCIL'S INTENTION TO VACATE A PORTION OF PUBLIC ALLEY LYING WITHIN SDG&E PROPERTY NORTH OF PALOMAR STREET AND WEST OF INDUSTRIAL BOULEVARD AND SETTING A PUBLIC HEARING FOR SAID VACATION (Director of Public Works/City Engineer) The lessees of the San Diego Gas and Electric Co. (SDG&E) property between Industrial Blvd. and I-5 freeway north of Palomar Street have made application to the City for vacation of that portion of a public alley lying within the property. They propose to expand their R.V. storage facility now operating On the westerly portion of the property. In order to consider the vacation, according to the California Street and Highways Code, the Council must adopt a resolution of intention to vacate its right-of-way and set a public hearing. It was recommended Council set the public hearing for July 8, 1986. 15a.RESOLUTION APPROVING FINAL MAP FOR CHULA VISTA TRACT 84-13, UNIT NO. 1 (56 SINGLE FAMILY UNITS--CHULA VISTA WOODS)(Director · of Public Works/City Engineer) b. RESOLUTION APPROVING SUBDIVISION IMPROVEMENT AGREEMENT AND SEPARATE AGREEMENT IN WHICH DEVELOPER AGREES TO PARTICIPATE IN AN IMPROVEMENT DISTRICT FOR TELEGRAPH CANYON ROAD AND IN WHICH DEVELOPER AGREES TO PROVIDE A MAINTENANCE DISTRICT FOR THE SEWER PUMP STATION Pulled from Consent Calendar. Minutes - 13 June 17, 1986 16a.RESOLUTION 12529 APPROVING FINAL MAP, SUBDIVISION IMPROVEMENT AGREEMENT AND AN ADDITIONAL AGREEMENT FOR OFFSITE IMPROVEMENTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS FOR CHULA VISTA TRACT 86-3, BONITA LONG CANYON ESTATES UNIT NO. 2 (131 SINGLE FAMILY DETACHED UNITS) (Director of Public Works/City Engineer) b. RESOLUTION 12530 ACCEPTING OFFSITE EASEMENTS FOR DRAINAGE AND SEWER PURPOSES IN CONJUNCTION WITH CHULA VISTA TRACT 86-3, BONITA LONG CANYON ESTATES UNIT NO. 2 c. RESOLUTION 12531 APPROVING INTERIM FINANCING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BONITA LONG CANYON PARTNERSHIP IN CONJUNCTION WITH CHULA VISTA TRACT 86-3, BONITA LONG CANYON UNIT NO. 2, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT d. RESOLUTION 12532 ACCEPTING GRANTS OF EASEMENT FROM EASTLAKE DEVELOPMENT COMPANY AND MCMILLIN DEVELOPMENT, INC. FOR STREET PURPOSES OVER CORRAL CANYON ROAD NORTH OF EAST STREET AND OFFICIALLY NAMING IT CORRAL CANYON ROAD e. RESOLUTION 12533 ACCEPTING GRANT OF EASEMENT FROM EASTLAKE DEVELOPMENT COMPANY FOR SLOPE RIGHTS ALONG CORRAL CANYON ROAD NORTH OF EAST "H" STREET f. RESOLUTION 12534 ACCEPTING GRANT OF EASEMENT FROM EASTLAKE DEVELOPMENT COMPANY FOR DRAINAGE PURPOSES ALONG CORRAL CANYON ROAD NORTH OF EAST STREET On December 17, 1985, by Resolution No. 12285, the City Council approved the tentative subdivision map for Chula Vista Tract 86-3, Bonita Long Canyon Units 2 through 7. The Final Map for Unit 2 of said subdivision and associated items are now before Council for approval. The final map for Unit 2 has been reviewed by the Engineering Department and found to be in conformance with the approved Tentative Map. Approval of the map constitutes acceptance of all drainage, sewer and access easements within the subdivision and acceptance on behalf of the public of Sunny Crest Lane, South Point Drive, Gold Rush Circle, Ridge Creek Drive, Arborcreek Lane, Forester Lane, and Thorton Road. Minutes - 14 June 17, 1986 17. RESOLUTION 12535 DECLARING THE COUNCIL'S INTENT TO WAIVE EASTLAKE DEVELOPMENT IMPACT FEES FROM MISSION VERDE SUBDIVISION (Director of Public Works/City Engineer) At the meeting of May 6, 1986, Council referred to staff a written communication from Don Lindberg, representing Sierra Properties, to report on the request that Mission Verde Subdivision be relieved of proposed fees such as the EastLake Development Impact Fee schedule which may be applicable to the Eastern Territories. Engineering staff has reviewed their request and it appears justified based on prior commitments. The recommendation was that Council approve the resolution relieving the Mission Verde Subdivision of any future development fees for the construction of Telegraph Canyon Road. 18. RESOLUTION 12536 ACCEPTING BIDS AND AWARDING CONTRACT FOR THIRD AVENUE, "L" STREET TO PALOMAR, STREET LIGHT INSTALLATION IN THE CITY OF CHULA VISTA (Di.rector of Public Works/City Engineer) On June 11, 1986, sealed bids were received for this project. The project is funded by Resolution #12466, appropriating .$60,000 from unappropriated balance of the Gas Tax fund. The project consists of installation of 22 new HPSV street lights to replace SDG&E lights that are being removed with the existing wooden power poles by the current utility undergrounding project. The low bid by Maco Services was below the engineer's estimate of $66,250. Staff has reviewed the low bid and recommends awarding the contract to Maco Services for $55,555. 19. RESOLUTION DECLARING CITY'S INTENT TO CHANGE LEASE TERM OF AMERICAN LEGION LEASE TO MONTH-TO-MONTH (Assistant City Manager) Pulled from Consent Calendar. 20. RESOLUTION 12537 SETTING FORTH A PROCEDURE FOR CHARGING FOR REQUESTS FOR RESEARCH AND INVESTIGATIONS' (City Clerk) During the past year this office has been receiving more and more requests for detailed information from our public records rather than resorting to legal or title company services. It has become evident that the cost for the amount of time spent by staff researching these documents should be borne by the person or firm requesting same-. Minutes - 15 - June 17, 1986 21. ORDINANCE 2153 AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING THERETO A NEW SECTION 19.70.015 TO INCLUDE THE REGULATION OF SATELLITE DISHES WITHIN MONTGOMERY SECOND READING AND ADOPTION (Director of Planning) Pulled from Consent Calendar. 21a.RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO SPECIFY A $25 AND $50 VARIANCE FEE FOR SATELLITE DISHES (Director of Planning) Pulled from Consent Calendar. 22. REPORT CONSIDERATION OF PROPOSAL TO ADD TWO 9 SQ. FT. SIGN PANELS TO THE EXISTING "MEDICAL CENTER" OFF-SITE DIRECTIONAL SIGN LOCATED AT THE SOUTHWEST CORNER OF TELEGRAPH CANYON ROAD AND MEDICAL CENTER DRIVE (Continued from June 10, 1986)(Director of Planning) Pulled from Consent Calendar. 23. REPORT FROM DELOITTE HASKINS & SELLS REGARDING TRANSIENT OCCUPANCY TAX AUDIT (Director of Finance) Pursuant to a contract with the City, Deloitte Haskins & Sells performed Transient Occupancy Tax (TOT) audits on seven Chula Vista motels for the 12 quarters in the period January 1, 1983 through December 31, 1985. The recommendation was that Council accept the Auditor's Report and direct staff to notify the various hotels/motels of the audit findings. MSUC (Moore/Campbell) every time there is an audit (once a year) staff to notify the hotel/motel operators as a reminder of the audit action and list some of the common weaknesses and ask for their cooperation; send a letter to all hotel/motel people even those where no problems are found - when their records are found to be in good order. 24. REPORT GUEST HOUSE AT 718 ELM AVENUE (City Attorney) Pulled from Consent Calendar. END OF CONSENT CALENDAR Minutes - 16 - June 17, 1986 11. RESOLUTION 12538 ADOPTING THE NEGATIVE DECLARATION FOR IS-86-50 ROHR PARK MASTER PLAN AND ADDENDUM TO NEGATIVE DECLARATION FOR IS-86-10 ROHR PARK LIGHTED BALLFIELDS AND APPROVING THE SWEETWATER VALLEY/ROHR MASTER PLAN (Director of Parks & Recreation) Director of Parks and Recreation Mollinedo explained that at the December 12, 1985 meeting, the City Council reviewed a preliminary report on the Sweetwater Valley/Rohr Park Master Plan. The report was referred back to staff to obtain further community input and address certain concerns expressed by Councilmembers. Additionally, environmental review Of the plan was undertaken which was necessary to complete before adoption of the Master Plan, per the California Environmental Quality Act (CEQA). The firm of Wimmer, Yamada & Associates, the landscape architect for the project, has been working closely with staff and the community for nine months to develop a workable plan. Implementation of the plan will provide a unified major park, maximizing park and recreation facilities and meeting the needs of the community. The Parks and Recreation Commission approved the Master Plan at its February 20, 1986, meeting. Keith Simon, Wimmer, Yamada & Associates, 516 Fifth Avenue, San Diego, Landscape Architect for the project discussed the following: the loop for the Chula Vista Live Steamers has been eliminated; configuration of the athletic area at the eastern end of the site has been changes; enlarged parking area has been provided for the athletic field; worked closely with the Optimist Club for the development of the eastern end of the site; provided separate equestrian and jogging trails and walkways; the one lighted ball field at Rohr Park will be buffered; more soccer fields are needed; suggested the Rohr mall area be developed s a multi-use, people-oriented, cultural space; addressed overcrowding of the park; first step is to address ingress and egress of overcrowding; this plan is flexible as it accommodates change. Director Mollinedo stated staff is also looking at the sports facilities, picnic shelter areas, and the retention of the swimming pool facilities. The State Grant the City applied for would allow the City to fix up the picnic shelter areas and sports fields. Stephanie Avery, 762-A Woodlawn, Chula Vista, stated there is a critical need for lighted ball fields at Rohr Park; only one lighted ball field exists for Chula Vista residents to use for Minutes 17 - June 17, 1986 softball; noted problem with lack of playing fields for women's leagues; women's leagues must go to other cities but are turned down because of lack of resident status; submitted petition containing 300 signatures representing 1/3 of softball teams in the City. Hal Coupar, 782 Melrose Avenue, Chula Vista pointed out Chula Vista Bobby Sox League team members raised funds (selling candy bars) which pays for maintenance of the ball fields; commended Parks & Recreation Director for his efforts in assisting the Bobby Sox League. Mayor Cox commented on the request regarding use of the Province House suggesting staff work with the County to perhaps design dual purpose meeting rooms. In answer to Councilman Malcolm's question, Ace Wischstadt, 752 E1 Dorado, stated he was satisfied with the design of the park as it pertained to the Live Steamers railroad if at some time in the future they can look forward to the possibility of extending the tracks in the park. Director Mollinedo explained a railroad section for the Chula Vista Live Steamers was taken out at the request of Mr. Wischstadt, but the area around those tracks was left available in order to add additional "spurs." RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent. Councilman Moore stated he could not support the "people paths" primarily because of the liability risks involved; however, he concurred with the athletic fields to the east. The motion to adopt the resolution passed with Councilman Malcolm opposed. MSUC (Cox/McCandliss) ask staff to prepare communication to .the County Board of Supervisors to pursue their willingness to relocate the County Park maintenance to another location that is mutually agreeable to the City of Chula Vista and the County. 12a.RESOLUTION 12539 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF BONDS PURSUANT TO THE "IMPROVEMENT BOND ACT OF 1915" FOR ASSESSMENT DISTRICT NO. 85-2 (Director of Public Works/City Engineer) b. RESOLUTION 12540 DETERMINING UNPAID ASSESSMENTS IN SPECIAL ASSESSMENT DISTRICT NO. 85-2 Minutes - 18 June 17, 1986 Mayor Cox stated he and Councilman Malcolm have a potential conflict of interest (they are purchasing homes in this area); therefore, will be abstaining on this item. Director of Public Works/City Engineer Lippitt reported these are the final resolutions for the EastLake Assessment District NO. 85-2 proceedings. It is a final determination of the amount of unpaid assessments following the 30-day cash collection period and provides for the issuance of bonds to finance the improvements. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved. (Mayor Cox and Councilman Malcolm abstained.) 13. RESOLUTION 12541 APPOINTING LEIGHTON AND ASSOCIATES AS THE GEOTECHNICAL CONSULTANTS TO PROVIDE SOIL AND MATERIAL TESTING FOR ASSESSMENT DISTRICT 85-2 CONTRACT III-A AND APPROPRIATING FUNDS TO COVER THEIR SERVICES (Director of Public Works/City Eng.ineer) Mayor Cox noted he and Councilman Malcolm may have a potential conflict of interest on this item. Since this item requires 4/5 vote, and the Fair Political Practices Commission (FPPC) ruling is to have a coin flip to decide which abstaining member would vote. This was done and Councilman Malcolm would be voting on this item. (Mayor Cox left the dais at this time.) The EastLake Assessment District 85-2 Contract III-a was awarded by the City Council on May 13, 1986, (Resolution No. 12451) to Olson Construction Company. This contract includes the construction of Otay Lakes Road, sewer and water lines, and all appurtenances in the Business Center portion of nhe EastLake Development. The contract specifies that the inspection of materials and soil testing is to be provided by the City and be paid from the Assessment District No. 85-2 Improvement Fund. Leighton and Associates' fee of ~529,800 for providing soils and material testing for Assessment District 85-2 Contract III-A will be borne by the District. Funds have been allocated for this purpose and will be available from bond proceeds. Therefore, there is no cost to the City. Funds should be appropriated from District 85-2 bond sale proceeds to Account No. 620-6200-5201. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent. Minutes - 19 June 17, 1986 Councilman Malcolm expressed concern with the many assessment items listed on the agenda tonight. In response, Director of Public Works/City Engineer Lippitt explained the City is bound to do this since assessments have already been approved and a public hearing has been held by the City Council. The Public Facilities Financing AGreement discusses different methods of financing for all improvements in this area with primary and secondary financing mechanisms including Mello-Roos. The motion to approve the resolution passed with Mayor Cox abstaining. Mayor Cox returned to the dais. 15a.RESOLUTION 12542 APPROVING FINAL MAP FOR CHULA VISTA TRACT 84-13, UNIT NO. 1 (56 SINGLE FAMILY UNITS --CHULA VISTA WOODS) (Director of Public Works/City Engineer) b. RESOLUTION 12543 APPROVING SUBDIVISION IMPROVEMENT AGREEMENT AND SEPARATE AGREEMENT IN WHICH DEVELOPER AGREES TO PARTICIPATE IN AN IMPROVEMENT DISTRICT FOR TELEGRAPH CANYON ROAD AND IN WHICH DEVELOPER AGREES TO PROVIDE A MAINTENANCE DISTRICT FOR THE SEWER PUMP STATION The Final Map for CVT 84-13, Chula Vista Woods, Unit 1 has been reviewed by the Engineering Department and found to be in conformance with the Tentative Map approved by the City Council on November 13, 1984 by Resolution No. 11844. Approval of the Map constitutes acceptance of all drainage, sewer, general utility, and access easements within the subdivision and acceptance on behalf of the public of Foxboro Avenue. All of the remaining streets within the subdivision are private. However, the City is being granted general utility and access easements to maintain facilities within the streets (sewer, storm drain, etc.) Tom Davis, 2550 Fifth Avenue, San Diego representing Gardner Investment Properties, stated the original Environmental I pact Report indicates no significant impact on traffic; noted additional expense to provide access to the property now costs $528,000; required prior to issuance of building permits be waived. MSUC (Malcolm/Campbell) to amend the resolution to waive the requirement for participation in the Telegraph Canyon Road improvements district. Minutes - 20 June 17, 1986 RESOLUTIONS (a and b) OFFERED BY MAYOR COX, as amended, the reading of the texts was waived by unanimous consent~ passed and approved unanimously. 19. RESOLUTION 12544 DECLARING CITY'S INTENT TO CHANGE LEASE TERM OF AMERICAN LEGION LEASE TO MONTH-TO-MONTH (Assistant City Manager) City Manager Goss reported the lease agreement between the City and the American Legion expired on June 30, 1985; however, due to the fact the City did not take action as required under law to declare the lease a month-to-month agreement, it was extended for a full year, or through June 30, 1986. In order to provide the City Council with a full range of options in resolving the ongoing lease difficulties with the American Legion and not being required to allow continued occupancy through June 30, 1986, adoption of the resolution will place the American Legion, effective July 1, 1986, on a month-to-month lease arrangement. Robert McCauley, 1987 Bucknell Street, Chula Vista, opposed the existing month-to-month arrangement between the City and the American Legion and referred to their correspondence to the City concerning their request to purchase the building. Council discussion followed regarding the "deplorable" condition of the American Legion building and the alternate uses for this site (i.e., in conjunction with Parks operation). RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent. Robert P. Jennings, 580 "L" Street, Chula Vista discussed the background regarding the Legion's request in November 1985; attempted to discuss the suggested financing plan with the Director of Finance (he was unaware of City Council's direction); requested a long-term tenancy in order to provide more detailed information to the City Council; over ~26,000 has been spent to this day in order to comply with the City's request for financing and landscaping plans. City Manager Goss stated Assistant City Manager Asmus will report back on this item in 30 days. The motion to adopt the resolution passed unanimously. MSUC (Malcolm/McCandliss) to form a committee to come back with a recommendation (Mayor Cox and Councilman Moore to assist in a speedy decision on the American Legion property). Minutes - 21 June 17, 1986 21. ORDINANCE 2153 AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING THERETO A NEW SECTION 19.70.015 TO INCLUDE THE REGULATION OF SATELLITE DISHES WITHIN MONTGOMERY SECOND READING AND ADOPTION (Director Of Planning) On July 15, 1985, the City Council adopted an ordinance regulating satellite antenna dishes within Chula Vista. On January 7, 1986, Council amended the ordinance to revise the abatement program outlined for nonconforming dishes within the City and set the ordinance for first reading. This ordinance was placed on First Reading on June 10, 1986, as amended. Phil Sc~euer, 1319 Costa Avenue, Chula Vista 92011, questioned the fees established pertaining to the resolution on item 21a; asked if Montgomery residents would have to pay the $25 fee for existing satellite dishes which were in compliance prior to January 1, 1986. Assistant City Attorney Gill stated satellite dishes which were in conformance as of January 1 will remain legal. Tonight's ordinance is for non-conforming satellite dishes only for those located City-wide, not just in the Montgomery area. MSC (Moore/Cox) to place the ordinance on Second Reading and Adoption, the reading of the text was waived by unanimous consent, passed and approved. (Councilwoman McCandliss abstained as she was not present at the last meeting when the ordinance was discussed and placed on First Reading.) 21a.RESOLUTION 12545 AMENDING THE MASTER FEE SCHEDULE TO SPECIFY A $25 AND ~50 VARIANCE FEE FOR SATELLITE DISHES (Director of Planning) On July 15, 1985 and January 7, 1986, the City Council passed regulations governing the placement of satellite dish antennas as well as amortization provisions for non-conforming dishes. On June 10, 1986, the City Council passed regulations for the Montgomery area. The report discusses the appropriate variance fees or satellite dishes. The recommendation was for Council to amend the Master Fee Schedule to specify a $25.00 fee for satellite dish variances not involving a public hearing and $50.00 for variances involving a public hearing. Minutes - 22 June 17, 1986 RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 22. REPORT CONSIDERATION OF PROPOSAL TO ADD TWO 9 SQ. FT. SIGN PANELS TO THE EXISTING "MEDICAL CENTER" OFF-SITE DIRECTIONAL SIGN LOCATED AT THE SOUTHWEST CORNER OF TELEGRAPH CANYON ROAD AND MEDICAL CENTER DRIVE (Continued from June 10, 1986) (Director of Planning) Councilman Campbell reiterated since he does not receive compensation for participating on the hospital Board, the City Attorney has advised he has no conflict of interest and can vote on this issue. Separate requests have been received to authorize two additional sign panels on the existing Medical Center off-site directional sign located within the public right-of-way at the southwest corner of Telegraph Canyon Road and Medical Center Drive. 'The panels would each be 9 square feet and identify the "Birch-Patrick Convalescent Center" and "Scripps Clinic." The total sign area would increase from 148.5 square feet tQ 166.5 square feet. The Director of Planning recommended Council deny the requests. MS (Campbell/Malcolm to approve the sign request and deny staff's recommendation. Councilwoman McCandliss expressed concern that similar types of requests would be sought and suggested a policy be established on what is allowed by the City. The motion to approve the sign request passed by the following vote: AYES: Campbell, Cox, Malcolm NOES: McCandliss, Moore ABSENT: None 24. REPORT GUEST HOUSE AT 718 ELM AVENUE (City Attorney) At its May 27, 1986 meeting, the City Council directed staff to research the feasibility of abating the guest house at 718 Elm Avenue due to the fact the occupants have taken up permanent residence. In addition, Council expressed concern that a recreational vehicle in the driveway was being used as a residence. The City Attorney reported that the "guest house" at 718 Elm Avenue constitutes a legal pre-existing non-conforming use and is not subject to abatement. He recommended Council rescind the minute action requesting a hearing on this matter. Minutes - 23 June 17, 1986 Virginia Johnson, 718 Elm Avenue, Chula Vista, stated she has lived at the subject residence for 37 years; noted continual harassment by her neighbor, Mr. Unger; noted her structure is totally in compliance with City Code; asked City Council's help in preventing further harassment by Mr. Unger pertaining to this matter. MS (McCandliss/Cox) to accept the staff recommendation. Discussion followed regarding original submittal of plans to construct the "guest house;" plans were submitted under "outdoor living quarters:" City staff labeled the submittal "guest house." Joe Raso, 165 Murray Street, Chula Vista, pointed out that a structure two doors from his residence is built exactly on the property line and City staff has not bothered to investigate this. He supports Mrs. Johnson's comments regarding the legality of her structure. The motion to accept staff's recommendation passed unanimously. MSUC (Moore/Malcolm) to send a letter (to Mr. Unger) explaining that a thorough inspection of the property has been made (at 718 Elm Avenue). Director Krempl explained he has received a Council referral regarding construction of detached housing on R-1 lots. Councilman Malcolm requested this be set as a priority. MSUC (Malcolm/Cox) to bring back this item as an Urgency Ordinance (detached housing on R-1 lots). OTHER RESOLUTIONS AND RELATED REPORTS & ORDINANCES 25a.RESOLUTION 12546 DECLARING INTENTION TO ORDER THE ACQUISITION AND FINANCING OF CERTAIN IMPROVEMENTS 'IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS (Director of Public Works/City Engineer) b. RESOLUTION 12547 PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING c. RESOLUTION 12548 APPROVING ACQUISITION/FINANCING AGREEMENT d. RESOLUTION 12549 CALLING FOR SEALED BIDS ON BONDS TO BE ISSUED TO REPRESENT UNPAID ASSESSMENTS UPON LANDS IN ASSESSMENT DISTRICT Minutes - 24 June 17, 1986 e. RESOLUTION 12550 ACCEPTING $54,000 FROM EASTLAKE DEVELOPMENT COMPANY AND APPROPRIATING SAID SUM FOR THE PAYMENT OF CONSULTANT SERVICES AND CITY ADMINISTRATIVE COSTS FOR ASSESSMENT DISTRICT 86-1 On May 27, 1986 Council accepted a petition from the EastLake Development Company to commence proceedings under the 1913/15 Acts for the acquisition of certain improvements in the "Hills and Shores" area of EastLake. These resolutions will continue the proceedings and set July 22, 1986, as the date for the public hearing on the Assessment District. There will be no cost to the City. All administrative costs will be charged to the District and will be covered by the $54,000 advance payment received from the EastLake Development Company. The ~54,000 needs to be appropriated to Account No. 625-6250-5201. Mayor Cox noted he and Councilman Malcolm have a potential conflict of interest on this item; however, since this item requires a 4/5 vote in accordance with Fair Political Practices Commission regulations~ a flip of the coin would determine who would consider the item. This was done and Councilman Malcolm will be voting on this item. RESOLUTIONS OFFERED BY COUNCILMAN MALCOLM, the reading of the texts was waived by unanimous consent, passed and approved (Mayor Cox abstained). 26. REPORT OF THE CITY MANAGER a. MSUC (Cox/Malcolm) for a Closed Session following the Redevelopment Agency meeting on Thursday, June 19, for purposes of "Meet and Confer" and Section 404 Permit litigation. Mayor Cox indicated Council action is also needed to appoint an additional Charter Review Committee member. 27. MAYOR'S REPORT a. MSUC (Cox/Moore) to appoint Councilman Campbell to the vacancy on the South Bay Pioneers sub-committee (replacing former Councilman Scott). 28. COUNCIL COMMENTS a. Councilman Malcolm suggested carrying over the Legislative Report following Thurday afternoon's Redevelopment Agency Meeting. Minutes - 25 - June 17, 1986 b. MSUC (Moore/Cox) that the City Council support, in concept, subject to staff conditions the community picnic at the Optimist site on August 10 (staff to report back). ADJOURNMENT AT 12:50 a.m. to the meeting of Thursday, June 19 following the Redevelopment Agency (4:00 p.m.) and the regular meeting of Tuesday, June 24, 1986 at 7 p.m. City Clerk 0828C/as