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HomeMy WebLinkAboutcc min 1984/12/18 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA Tuesday, 7:00 p.m. December 18, 1984 ROLL CALL Councilmembers present: Mayor Cox, Councilmembers Malcolm, McCandl i ss, Scott, Moore Councilmembers absent: None Staff present: City Manager Goss, Assistant City Attorney Gill, Assistant City Manager Asmus 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 meeting of December ll, 1984 MSUC ( Moore/McCandl i s s ) to approve the minute s. 2. SPECIAL ORDERS OF THE DAY (None) 3. WRITTEN COMMUNICATIDNS a. REQUEST PERMISSION TO USE VACANT PROPERTY NEXT TO JIMMY'S ON THE GREEN FOR RUMMAGE SALE FOR MUSIC MACHINE FUND RAISING ON FEBRUARY 2, 1985, (George and Shirley Beal) The Bonita Vista High School "Music Machine" ensemble requested permission for use of a portion of City property west of Jimmy's on the Green Restaurant bordering Bonita Road for a rummage sale on Saturday, February 2, 1985 between the hours of 7:00 a.m. and 5:00 p.m., at no cost. MSUC (Scott/Moore) to approve the request subject to staff conditions. b. REQUEST TO CONSIDER IDENTIFYING A PORTION OF OTAY INDUSTRIAL PARK AS A SEPARATE "SENSITIVE IMPACT BOUNDARY AREA" (Joseph Botkin Otay Industrial Park) The existing owners of Otay Industrial Park property and the owner of the adjacent property find many of the Guidelines of the Otay Valley Road Implementation Plan acceptable; however, they feel that a better plan would be to consider identifying a portion of the subject property as a separate "sensitive impact boundary area." MSC (Moore/Malcolm) to refer this to the Project Area Committee. Councilman Scott abstained due to a potential conflict of interest. City Council meeting - 2 - December 18, 1984 c. PETITION TO CLOSE BAYSIDE ALANO CLUB, 230 GLOVER STREET (Casey Peoples and E,C. Dunahamel) The petition to close the Bayside Alano Club lists the reasons as: (1) Excessive noise, (2) Damaging fence by backing into parking spaces, (3) Excessive number of street parking spaces being utilized, leaving no parking for residents, (4) The Police have been notified numerous times, but prior to their arrival, the people and cars involved have departed the area. MSUC (Malcolm/Moore) to refer this petition to the City Attorney with a copy to the Chamber of Commerce. Mayor Cox asked that Item No. 19 be brought up on the agenda at this time since representatives in the audience present to speak on this item have to catch a flight back to San Francisco. 19. RESOLUTION 11877 AUTHORIZING STAFF AND VICTORY AND ASSOCIATES TO ENTER INTO NEGOTIATIONS WITH TELECOM PLUS FOR FINAL SYSTEM CONFIGURATION AND COST FOR A NEAX 2400 TELEPHONE SWITCH (Principal Administrative Analyst Morris) At its January 24, 1984 meeting, the City Council awarded a contract to Victory & Associates, Telecommunications Consultants, to conduct Phases II and III of the Telecommunication Feasibility Study for the City. Phase II of the contract included a study of the existing telephone system to identify where service can be improved and costs reduced; system planning; network and system design and system evaluation. All Phase II requirements have been completed and Victory & Associates' final report and recommendations have been submitted to Council. It is anticipated that the cost of this system will not exceed $295,000. No funds are currently budgeted for purchase of a telecommunications system. Councilman Scott stated he owns 30 shares of stock; however, since it is less than $2,000, he does not have a potential conflict of interest. The Council commended Mr. Morris, Principal Analyst for the excellent report. In answer to Councilman Moore's question, Assistant City Manager Asmus stated that negotiations are in the process for monitoring long distance calls and a system will be devised for that. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council meeting - 3 - December 18, 1984 PUBLIC HEARING AND RESOLUTION 4. PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF "C" STREET WEST OF DEL MAR AVENUE (Director of Public Works/City Engineer) a. RESOLUTION 11878 ORDERING THE VACATION OF A PORTION OF "C" STREET WEST OF DEL MAR AVENUE This being the time and place as advertised, Mayor Cox opened the public hearing. City Engineer Lippitt submitted a plat of the area explaining the owner of the property at the northwest corner of "C" Street and Del Mar Avenue has made application for the vacation of a 7 foot wide strip of "C" Street along the frontage of the property. At its meeting of November 27, 1984, the Council adopted Resolution No. 11850 declaring its intention to vacate and setting the public hearing for December 18, 1984. Councilman Malcolm questioned allowing the vacation prior to approval of the subdivision map. Director of Planning stated currently the map is being processed as a single-family subdivision on one parcel. The vacation could become effective current with the approval of the final map. There being no comments either for or against, the public hearing was closed. MSUC (Malcolm/Scott) to amend the resolution to include the vacation subject to approval of the final map. RESOLUTION, AS AMENDED, OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. 5. ORAL COMMUNICATIONS (None) 6. REPORT IMPROVEMENT OF LAS FLORES DRIVE AND "D" STREET BETWEEN SECOND AVENUE AND MINOT AVENUE NORTH OF "E" STREET (Director of Public Works/City Engineer) Mayor Cox stated he is abstaining due to a potential conflict of interest and left the dais at this time. Councilman Scott stated he previously had a conflict of interest on this matter but does not have it any longer. Vice Mayor Malcolm presided over the agenda item. City Engineer Lippitt submitted a plat of the area explaining that at the conclusion of the public hearing held on March 13, 1984, in regard to the formation of a special assessment district designated as Assessment District No. 83-1, the City Council moved to abandon the proposed district and directed staff to report back on various issues brought up at the hearing concerning the assessment district. City Council meeting - 4 - December 18, 1984 Generally, staff proposals were: (1) Four lots in the original Zone 1 (lots 9, lO, 41 and 42) shall be removed from the proposed assessment district due to the protest of those property owners. {2) Modified original Zone 1 will still be an assessment district because there is significant property owner support for an assessment district (72.5%). (3) The City will install a two lane road with a storm drain from the southern tip northerly to the assessment district. (4) Those lots with deferrals and houses on them will be required to finish their improvements now, plus reimburse the City for the City project. Staff proposes that the City offer those property owners with deferrals (both with developed and undeveloped lots), financing at the same interest rate and length of payback as the bond for the assessment district. In answer to Councilman Moore's question, City Engineer Lippitt stated the City is pursuing this particular assessment district since a petition was submitted by the residents of that area requesting the assessment district. City Council then directed staff to proceed on this. Mr. Lippitt added that it is not a legal requirement for the City to pursue the assessment district - it i s an option. Assistant City Attorney Gill concurred adding that if the City fails to take appropriate actions to make street improvements in the area, it would not be liable unless there was a public health or safety hazard the City should have corrected. Mr. Charles Williams, Attorney representing Mrs. Hudson, stated a number of people have been allowed to make improvements on their properties in that particular area - these people received deferrals and are now opposing the assessment district because they have to pay for the improvements. Mr. Williams added that modifications to Assessment District 1 would not impass on the improvement Districts 2 and 3. These are the land owners who are willing to pay their own way. The tentative map has to be approved and certain improvements must be made. The assessment district will serve those conditions. Mr, Robert French, 129 Second Avenue, stated he has been coming before the Council for the past 16 years for these particular improvements. The reason it has never been approved before is because it has never met the needs of everyone involved i n the area. Mr. French stated the present proposal is an equitable solution to everyone involved and asked Council to approve the project. Councilwoman McCandliss noted the assessment report is before the Council this evening; however, a public hearing to officially form the district will have to be held. MSC (Moore/Malcolm) to accept the report and staff recomendations. Mayor Cox abstained. Mayor Cox returned to the dais at this time. City Council meeting - 5 - December 18, 1984 CONSENT CALENDAR (7-18) Councilman Scott asked for items 7, 13, 14, and 16 to be pulled. Councilwoman McCandliss asked 9 to be pulled. Councilman Malcolm stated he will be abstaining on Item No. 11. Mayor Cox asked for Item No. 15 to be pulled. Consent Calendar - (8, lO, ll, 12, 17 and 18) MSUC {Cox/McCandliss) to approve the Consent Calendar noting Councilman Malcolm is abstaining on Item ll due to a potential conflict of interest (member of San Diego Country Club). 8. RESOLUTION 11879 APPROVING PROPOSED BUDGET AND ACHIEVEMENT REPORT FOR THE DOWNTOWN IMPROVEMENT DISTRICT (Director of Finance) The Downtown Improvement Di strict was formed to promote business activity and to aid in efforts to make the area more attractive. The District's promotion efforts are funded by a special assessment applied to each business or profession in the District. The proposed budget for calendar year 1985 and an achievement report for calendar year 1984 have been prepared by the Town Centre Business and Professional Association. Approximately $10,600 is currently on hand to finance the proposed 1985 budget. In addition $20,000 in special assessment receipts are estimated for 1985. lO. RESOLUTION 11880 INITIATING REORGANIZATION PROCEEDINGS FOR THE PROPOSED "OTAY VALLEY ROAD REORGANIZATION" INVOLVING ANNEXATION OF APPROXIMATELY 240 ACRES OF UNINCORPOPJ~TED TERRITORY TO THE CITY OF CHULA VISTA, AND CONCURRENT DETACHMENTS FROM THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT-ZONE 4 AND THE MONTGOMERY FIRE PROTECTION DISTRICT AND SETTING A PUBLIC HEARING THEREON, PURSUANT TO THE DISTRICT REORGANIZATION ACT OF 1965 AND LAFCO'S RESOLUTION OF APPROVAL {Director of Planning) On May 1, 1984, the City received an application for the subject reorganization from Mr. Fred L. Borst, chief proponent representing Walker Scott Properties/Palm. The proposed reorganization involves the annexation of approximately 240 acres of unincorporated territory to the City of Chula Vista, and concurrent detachments from the San Diego County Flood Control District-Zone 4 and the Montgomery Fire Protection The Local Agency Formation Commission, at their public hearing of December 3, 1984 approved the annexation and designated the City as "conducting authority" to initiate reorganization proceedings. The recommendation i s that the public hearing be set for January 8, 1985. City Council meeting - 6 - December 18, 1984 ll. RESOLUTION 11881 ORDERING THE PROPOSED "SAN DIEGO COUNTRY CLUB REORGANIZATION" INVOLVING ANNEXATION TO THE CITY OF CHULA VISTA AND CONCURRENT DETAC~ENTS FROM THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT-ZONE 3 AND COUNTY SERVICE AREA NO. 62 (MONTGOMERY PARK) (Director of Planning) On May 31, 1984, the City Planning Department received an application for a reorganization from the San Diego Country Club, chief proponent and land owner of the involved territory. The proposed reorganization consists of jurisdictional changes which include the annexation of approximately 3.86 acres of unincorporated territory to the City of Chula Vista and concurrent detachments from the San Diego County Flood Control District-Zone 3 and County Service Area No. 62 (Montgomery Park). The Local Agency Formation Commission (LAFCO), at their meeting of December 3, 1984, approved the proposed reorganization and authorized the City of Chula Vista to conduct proceedings without notice and hearing. (Councilman Malcolm abstained on this item). 12. RESOLUTION 11882 INITIATING REORGANIZATION PROCEEDINGS FOR THE PROPOSED "LOWER SWEETWATER REORGANIZATION" INVOLVING ANNEXATION OF APPROXIMATELY 88 ACRES OF UNINCORPOPJ~TED TERRITORY TO THE CITY OF CHULA VISTA; ANNEXATION OF 46 ACRES OF UNINCORPORATED TERRITORY TO THE CITY OF NATIONAL CITY; AND CONCURRENT DETACHMENTS FROM THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT-ZONE 3, THE LOWER SWEETWATER FIRE PROTECTION DISTRICT AND THE BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT AND SETTING A PUBLIC HEARING THEREON, PURSUANT TO THE DISTRICT REORGANIZATION ACT OF 1965 AND LAFCO'S RESOLUTION OF APPROVAL (Director of Planning) On August 28, 1984, the City received an application from Harriet F. Acton, chief petitioner of the subject reorganization which involves several jurisdictional changes including annexation of 88 acres of unincorporated territory to the City of Chula Vista and concurrent special district detachments. LAFCO staff recommended that the proposed reorganization be modified to include an additional 46 acres of territory (to be annexed to the City of National City) and one additional special district detachment. The recommendation is that a public hearing be set for January 8, 1985. End of Consent Calendar RESOLUTIONS AND ORDINANCES, FIRST READING 7. RESOLUTION 11883 SETTING PUBLIC HEARING FOR CONSIDERATION OF RATE INCREASES FOR TRASH SERVICE, CHULA VISTA SANITARY SERVICE (Director of Finance) City Council meeting - 7 - December 18, 1984 Councilman Scott stated he is abstaining due to a potential conflict of interest. The City Council 1 ast revised the rates for the Chula Vista Sanita~ Service on September 21, 1982. Since that time, there have been significant changes in cost to the company which they feel warrant an increase in their existing rates. The proposed new rates are approximately an 8% increase over the current rates. The public hearing will be scheduled for January 15, 1985. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved with Councilman Scott abstaining. 9. RESOLUTION 11884 TPj~NSFERRING A PORTION OF THE PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF CHULA VISTA ICommunity Development Director) As a result of the Federal Tax Reform Act of 1984 and Governor Deukmejian's proclamation implementing the Act for the State of California, the City has received an allocation for the issuance of Private Activity Bonds in the amount of $4,649,000 for the calendar year 1984. The City of San Diego and the County of San Diego have requested, before the end of the calendar year, that Chula Vista transfer the unused portion of its allocation to the SANDER Joint Powers Authority in order to finance the waste to energy plant in the Miramar area of San Diego. The staff recommends approval. In answer to Councilwoman McCandliss' question, Director of Community Development Desrochers explained the types of projects the allocation would be used for. Councilman Moore noted this was a "quasi-loan" - the City is loaning the money and if it needs money before the end of the next fiscal year, it could ask for a loan back. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 13. RESOLUTION 11885 APPROVING CITY'S INTENT TO PARTICIPATE IN RECREATION FEATURES INCLUDED IN THE U.S. ARMY CORPS OF ENGINEERS GENERAL DESIGN MEMORANDUM FOR THE SWEETWATER RIVER FLOOD CONTROL CHANNEL PROJECT AND AUTHORIZING THE MAYOR TO SIGN A LETTER OF INTENT (Director of Public Works/City En9ineer) On May 15, 1984, the City Council by Resolution No. 11621 approved a cooperative agreement with the County of San Diego for the design and construction of the Sweetwater River Flood Control Channel. The Channel will be constructed in conjunction with the State Highway 54 Project and involves the cooperation of the City of National City, U. S. Army Corps of Engineers, San Diego Unified Port District, the County of San Diego and the City of Chula Vista. On December 17, 1984, CalTrans advertised for bids for the construction of the Flood Control Channel. The channel will require three separate contracts for construction and it's expected to require about three years to complete. The U. S. Army Corps of Engineers has requested that a resolution and a letter of intent to participate i n the development of the recreation features included in the project be adopted by the local agencies as soon as possible. City Council meeting - 8 - December 18, 1984 Councilman Scott questioned whether this obligated the City to spend any money in the future. City Manager Goss responded that the City does have obligations; however, how i t will be met is still to be determined. It is too early to determine whether or not general funds will be used. RESOLUTION OFFERED BY ht~YOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. MSUC (Moore/Scott) for staff to submit a report to the Council updating them on the I-5/54/Sweetwater Flood Control Project. The staff to sift it out of the three projects and forward it to the City Council - the obligations and the possible source of the funding. 14. RESOLUTION 11886 AMENDING THE 1984-85 BUDGET TO SUBSTITUTE A REGULAR JUNIOR/ASSISTANT CIVIL ENGINEER POSITION IN LIEU OF THE CONTRACT ENGINEER PREVIOUSLY AUTHORIZED {Director of Public Works/City Engineer) In the 1984-85 budget, funds were included for a Contract Engineer ($35,000) since it was expected that large projects, such as EastLake and E1 Rancho del Rey, would reach the tentative subdivision map stage and that additional professional engineering assistance would be needed. The proposal was for a regular Jr./Assistant Civil Engineer position be authorized to replace the contract employee service as a result of a projected peak in workload. Councilman Scott stated this resolution needs a 4/5's vote. Mayor Cox agreed noting it is was for a position which will have to be funded periodically. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent. Councilman Moore stated he concurs with the four-fifth's vote needed for this item. Mayor Cox declared that the resolution will pass with a four-fifth's vote. City Manager Goss indicated the Council is changing its policy from the last meeting for the requirement of a four-fifth's vote; however, Councilman Scott stated no decision was made at the last meeting requiring this vote. The resolution, as offered by Councilman Malcolm, carried unanimously. 15. RESOLUTION 11887 APPROVING RECREATION USE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SWEETWATER UNION HIGH SCHOOL DISTRICT (Director of Parks and Recreation} The City submitted a grant proposal to the State of California for the development of multipurpose fields at Bonita Vista Junior High School. The proposed project meets the criteria under the competitive regional grant section of the California Parks and Recreation Facility Act of 1984. A complete grant application was submitted by the November 5, 1984 deadline. On November 15, 1984, the State requested additional items to complete the processing and evaluation of the City's grant proposal. The main document required is a Joint Use Agreement with the district for the use of school facilities. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was City Council meeting - lO - December 18, 1984 The Transit Coordinator, with the assistance of the Director of Finance, the Assistant City Attorney and Attorney Mr. William Reavey are attempting to structure a Safe Harbor lease for the ll new SCOOT buses. To qualify as a Safe Harbor lease, a portion (a minimum of 5%) of the purchase price for the buses must be financed by the proceeds of an obligation whose interest is exempt from Federal income tax. SCOOT staff has been advised that this financing be secured prior to December 31, 1984. The recommendation is that Council recommend to SCOOT Board that Board authorize the Director of Finance and/or the SCOOT Administrator to execute a note with Bank of America for borrowing an amount not to exceed $75,000 in order to meet the requirements of Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA). 19. RESOLUTION ~ AUTHORIZING STAFF AND VICTORY AND ASSOCIATES TO ENTER INTO NEGOTIATIONS WITH TELECOM PLUS FOR FINAL SYSTEM CONFIGURATION AND COST FOR A NEAX 2400 TELEPHONE SWITCH (Principal Administrative Analyst Morris) See page 20. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND VTN SAN DIEGO FOR CONSULTANT SERVICES TO CONDUCT GRADING EVALUATION AND ALTERNATIVE GRADING CONCEPTS PREPARATION FOR EL RANCHO DEL REY (Director of Planning) A Specific Plan Amendment has been filed by the Gersten Companies for 1,582 acres of the E1 Rancho Del Rey. The pl an contemplates a significant density increase from an adopted 3,779 dwelling units to 5,338 dwelling units, or a 41 percent change. To assist the staff in evaluating the land use plans, consultant services are being requested with VTN to conduct grading evaluation and alternative grading concepts preparation. The cost will not exceed $10,000. Director of Planning Krempl stated the services of the consultant for the study is needed in order to move forward on the project. In this instance, the applicant has prepared the grading plans which he is satisfied with; however, the staff is not comfortable with this and is requesting the additional study. This is done in the interest of the City, Council discussion followed regarding the advantages of preparing the study; the question of having the City pay for the cost; satisfaction with the density existing in that area; this is a massive grading plan; the Council is not in the land use business; it is the developer's obligation to bring the plan to the City Council; the Gersten Company should deposit the money with the City to pay for the cost; the City has a full-cost recove~ program; it should not be put on the burden of the Chula Vista taxpayers; a suggestion of the developer and the City to share the cost. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent. City Council meeting - ll - December 18, 1984 SUBSTITUTE MOTION MS (Malcolm/McCandliss) to file this request. In answer to the Council's query, Assistant City Attorney Gill stated the substitute motion was proper. Councilwoman McCandliss indicated that the analysis should be performed; however, she disagrees the City should pay for the cost adding that Gersten should pay for this special consultant. City Engineer Lippitt noted the plan adopted in 1978 was not the developer's plan. The staff attempted to get a grading analysis; however, it was not approved and the developer now wants to change that plan. Mr. Bill Robens, 254 Camino Elevado, Chula Vista, representing Gersten Company stated they object to paying for this study because the 1978 plan was not supported by Gersten - it was the City's plan. Councilman Scott questioned why Gersten went ahead with so much development if it was the City's plan. Apparently, the developer had accepted that plan. SUBSTITUTE MOTION MSUC {Cox/Scott) to refer this back to staff and to come back with a report on whether there is a willingness on the part of the Gersten Company to share on some type of formula on the cost to do this study. Councilman Scott requested a report from the City Council regarding the substitute motions. 21. RESOLUTION 11889 AUTHORIZING THE MAYOR TO SIGN A MEMOPJ~NDUM OF UNDERSTANDING RELATIVE TO CHULA VISTA WOODS SUBDIVISION TRACT NO. 84-13 (Community Development Director) The Chula Vista Woods tentative subdivision map was approved by the City Council on November 20, 1984. During the discussion, the Developer offered to impose certain ownership requirements upon purchasers of the housing units. A Memorandum of Understanding (MOU) has been prepared which specifies those requirements. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 22. ORDINANCE 2096 AMENDING SECTION 15.04.010 AND ADDING SECTION 15.04.092 RELATING TO MASS GRADING ON LARGE PROJECTS, TO TITLE 15 OF THE CHULA VISTA MUNICIPAL CODE - FIRST READING {Director of Planning/Director of Public Works/City Engineer) Director of Planning Krempl explained that by letter dated December 5, 1984, Mr. Robert L. Santos of EastLake Development Company requested the ability to pull a mass grading permit for approximately 250 acres of EastLake I. Further, the request is to have the permit issued in advance of tentative map approval by the City Council. The City Attorney has advised that this requires an ordinance change; said ordinance would have future applicability ~nA ~nnlv City Council meeting - 12 - December 18, 1984 Councilman Scott questioned whether this ordinance has been applied in other ci ties in the County. Mr. Lippitt stated he did not know but he would check on the other agencies. Council discussion followed with staff answering questions as to the time element; the ordinance would become effective 30 days after the second reading or approximately the 8th of February; (2) concerns regarding the rainy season there would have to be adequate retention basis on the slopes; (3) the question of timing - the suggestion to have this set for a Council Conference because of the major implications. Mr. Santos representing EastLake, stated they would like approval of the mass grading ordinance as soon as possible in order to start work on the project. They would like to hit the sales market in the summer of 1985. Mr. Santos stated this is a typical program for a large scale project - they will package a number of parcels of 1 and and sell them to builders. This would requi re moving millions of yards of dirt. EastLake is asking for the flexibility to pursue that avenue which the grading ordinance does not now permit. In answer to Councilman Scott's question, Mr. Santos stated EastLake has been in existence since 1979; however, the process of getting tentative maps approved to the Council has been much lengthier than anticipated. Councilman Malcolm stated he wants the assurance staff will not issue any grading permits before coming to the City Council. MSUC (Malcolm/Cox) to place the ordinance on first reading. The reading of the text was waived by unanimous consent, passed and approved unanimously. MSUC (Malcolm/Moore) to direct staff to come back with a report and a resolution or ordinance if deemed necessary to provide adequate protection on mass grading during what is considered some type of rainy season. (The report should address the normal requirements during the months of April and May and any changeOr extra conditions which may be placed on projects plus the legal ability tO pl ace conditions on the property). 23. REPORT OF THE CITY MANAGER a. REPORT UNDERGROUND UTILITY CONVERSION PROGRAM {City Manager) City Manager Goss referred to the written report explaining that on October 25, 1984, the City Council received a report on the City's underground utility conversion program which discussed a number of policy issues, including targeting the conversion of utilities along major thoroughfares and collector streets, undergrounding transmission lines to those carrying 34,500 volts or less, preparing changes to the City Code to implement the conversion program, and preparing changes to the franchise agreement with SDG&E to reflect the methodology which has been used i n determining the current allocation of funds for underground utilities, which is 2% of the base rate revenue. Because SDG&E is preparing its calendar 1985 underground budget for submission to California Public Utilities Commission {CPUC), staff is requesting Council give an indication of the rate to be used in formulating this budget. City Council meeting - 13 - December 18, 1984 Staff's recommendation is that the City Council indicate to SDG&E that the franchise undergrounding formula (4-1/2%) be used in 1985 and that staff meet with SDG&E representatives during 1985 to clarify and/or resolve the issue raised by the formula and any other franchise issues as may be appropriate. (Councilman Malcolm left the meeting at this time, 8:45 p.m.) Mr. A1 Araiza, SDG&E, stated they are extremely interested in providing an outstanding underground program for Chula Vista. The main emphasis of asking Council to remain on the present formula is the savings to the taxpayers of Chula Vista. Mr. Ariaza noted the IDB bonds the SDG&E went to market for ($3 million) for the South Bay power lines and the low cost on the bonds attributed to savings to the rate payers. Councilman Moore indicated the electrical fee should be equal to the services brought back to the rate payers. Whether it is undergrounding or franchise, the entire community should contribute to it. MSUC (McCandliss/Scott) to approve the staff recommendations. b. City Manager Goss listed the Council meetings to be held in January and the items to be considered: a. January 8 - Public Hearing - Hidden Vista Village. b. January 12 - Noise Ordinance, c. January 15 - Goals Meeting. d. January 22 - Bayfront Specific Plan. e. January 29 - EastLake and Street Lighting Policy (may have to call a special meeting for that date) c. City Manager Goss announced that two new buses have arrived and invited the Council to go down to the corporate yard and view the buses. The Mayor asked to have the buses at City Hall prior to the Thursday afternoon meeting. d. City Manager Goss referred to the United Enterprises property stating two weeks ago, the Board of Supervisors gave authorization to staff to do a feasibility study. The request from United Enterprises was a verbal request. They recommended the following three actions~ (1) Support processing the General Plan Amendment for United Enterprises property located in the South Bay area in accordance with stipulations described i n the summaries below. City Council meeting - 14 - December 18, 1984 Those stipulations are: planning for more intensive development should be limited to the western portions of the ownership; all property in phases of development should be coordinated with adjacent jurisdictions; development should be phased with the availability of adequate infrastructure; environmentally constrained area; land use mix shall be proposed to be beneficial to the County and not adversely affect the subregions and to commit the County of San Diego to the utilization of appropriate finance mechanisms such as special districts for motions and bounding powers to provide necessary backbone infrastructure of the area. (2) Request for authorization to process the General Plan Amendment be brought back before the incoming Board once more specific land use proposals have been prepared. (3) Staff be directed to establish an inter-jurisductional Task Force for the Planning and development of the area subject to the application for the Plan Amendment. Inasmuch as the staff has not had time to evaluate the recommendations, Mr. Goss requested authorization to appear before the Board of Supervisors to ask for a continuance in order to have staff state its position. MSUC (Scott/Moore) to grant this request. REPORTS OF OFFICERS AND DEPARTMENT HEADS 24. REPORT APPROVAL AND PAYMENT FOR VISITOR DEVELOPMENT BROCHURE (Director of Management Services/Director of Community Development) On May 22, 1984, a request was submitted to the City from the Visitor Development Committee of the Chula Vista Chamber of Commerce seeking funding for 25,000 of a visitor-oriented brochure. During the budget review process, the City Council approved $9,040 to be used for this purpose. The recommendation is for Council to approve the brochure design subject to two changes and authorize expenditure of budgeted funds to cover design and printing of the visitor brochure, Director of Management Services Thomson stated Mr. Slijk from the Chamber was present to answer questions. In answer to Councilman Moore's question, Mr. Thomson stated the two changes being recommended by staff would cause no delay in the printing of the brochure. MSUC (Cox/Moore) to approve the staff's recommendation. 25. REPORT PROPOSED SCOOT CONTPJ~CT OPERATOR REQUEST FOR PROPOSAL (RFP) (Director of Public Works/City Engineer) The report from the Transit Coordinator discusses the coordination between the arrival of the new buses and the Requests for Proposals {RFP) process and RFP content. MSUC (McCandliss/Scott) to accept the report. City Council meeting - 15 - December 18, 1984 26. REPORT RECOMMENDING DENIAL OF ENCRQACHMENT PERMIT REQUEST FOR 1052, 1044 AND 1048 SAGE VIEW WAY {Director of Public Works/City Engineer) City Engineer Lippitt submitted the plat explaining the owners of the subject properties applied for an encroachment permit to install additional landscaping, install a fence around the area in which they intend to do the landscaping, terrace the slope and build decks at yard level. Due to the nature and extent of this proposed encroachment, the request must be considered by the City Council. Staff's recommendation is that Council deny the request. Mr. Alan Bridges, 1052 Sage View; Mr. Richard Jones, 1044 Sage View; and Carol Moore, 1048 Sage View requested the encroachment permit for the following reasons: The building should be deleted as recommended by the Parks and Recreation Department; they have been taking care of the banks and trimming the trees; they feel they can do the work better than City staff with less money; they have never been invited to attend the annual meeting of the Parks and Recreation Department concerning open space districts; a request for the fence is to protect their properties against vandalism; the City has never come in and maintained their back yards; the section of the property in the back goes straight down and is not buil dabl e; they have been paying taxes and cleaning out the debris themselves; taking the fence down and expanding it down to the bottom of the slope would give the homeowners' accessability to continue maintaining the area in the back. Councilman Scott asked for a plat of the area. Mr. Lippitt stated he had none this evening. Assistant City Manager Asmus noted that the Open Space Coordinator should be present to respond to Council's questions. He recommended a continuance of the matter until the meeting of January 8, MSUC {Cox/Moore) to continue this item to the meeting of January 8. 27. REPORTS COUNCIL REFERRAL CONCERNING REQUEST FROM RESIDENTS OF FREDERICKA MANOR FOR A GREEN ARROW TO BE INSTALLED AT THE INTERSECTION OF THIRD AVENUE AND "E" STREET {Director of Public Works/City Engineer/Safety Commission) At the meeting of July 3, 1984, the Council referred a written communication from the residents of Fredericka Manor for a "green arrow" to be installed on the traffic signal at the intersection of Third Avenue and "E" Street to the staff and the Safety Commission for recommendations. Staff's recommendation is that Council direct staff to consider these intersections in the traffic signal priority list for next fiscal year. The recommendation of the Safety Commission is that "green arrows" (left turn signals) be installed at the intersections of Third Avenue and "E" Street and Fourth Avenue and "E" Street as soon as practical. MSUC (Moore/Scott) to accept the staff recommendation. City Council meeting - 16 - December 18, 1984 REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES 28. REPORTS COUNCIL REFERRAL CONCERNING REQUEST FOR CREATIVE SUGGESTIONS REGARDING TRAFFIC PROBLEMS ON THIRD AVENUE BETWEEN "E" AND "G" STREETS {Safety Commission) At the July 3, 1984 meeting, Council considered the staff/Safety Commission recommendations regarding pedestrian movements on "F" Street between Third and Fourth Avenues. The Council discussion included crosswalk and island locations, installation of advance pedestrian crossing warnings and appropriate signing. The Council's action was to install a pedestrian crosswalk with special markings at the east side of Garrett Avenue and "F" Street. The Council asked the Commission to restudy this matter and resubmit "creative suggestions as regards the traffic problems on Third Avenue between "E" and "G" Streets." They recommended: (1) That the Safety Commission does not feel there is a traffic problem on Third Avenue, as far as speed is concerned as the "85th percentile" falls within the posted s~eed limits in this area; b d (2) That "no icycle riding" signs be 'embe ded" in the sidewalks, to make these signs more visible to bicycle riders; (3) That the "Parking Control" officers be encouraged to enforce the "no bicycle riding on downtown sidewalks" ordinance; and, {4) That the City communicate with the Chula Vista Elementary School District, asking them to relay this information to students. Mr. Quentin Stokes, Chairman of the Safety Commission, noted the field work involved by the Safety Commission and asked for approval of their recommendations. Mr. Neik Slijk, representing the Downtown Committee of the Chamber, stated the Committee feels differently than the Safety Commission. They feel there is a problem there and would like to experiment with having a one-lane from "F" to "G" street similar to that from "E" to "F". It is the people from Fredericka Manor and Congregational Towers that use the crosswalks and are complaining about the traffic. Traffic Coordinator Glass stated that Third Avenue now has 10,000 cars daily and he would not recommend it change to a one traffic lane. MSUC (Cox/Scott) to continue this item to the meeting of January 8,1985. Councilman Moore stated he would like to see the last recommendation initiated to contact a school district to notify their students of the prohibition of bike riding along Third Avenue. Mayor Cox stated he would include this in his motion and Councilman Scott agreed to the second. (Councilman Scott left the meeting at this time). 29. MAYOR'S COMMENTS a. MSUC (Cox/McCandcliss) to appoint Cathy Boyer, 992 Rutgers Avenue to the Wavy Housing Task Force (Councilmen Scott and Malcolm out). Mayor Cox asked the staff to prepare a letter to all the people appointed to the Task Force along with the three alternates and request they City Council meeting - 17 - December 18, 1984 schedule an appropriate date for the first meeting. Further, to make contact with the Navy and representatives of the Task Force of the Scripp's Navy Housing Project. Mayor Cox asked that the letter go out this week. MSUC (Moore/McCandliss) for the Navy Housing Task Force to include an ex-officio member from the Navy and from the City staff (Councilmen Scott and Malcolm out). Councilwoman McCandliss complimented Councilman Moore on the work he did in formulating the members of the Committee. b. Mayor Cox noted the following contributions made to the 1984 snow. 1984 Snow Donations American Legion Post #434 Downtown Committee CV Chamber Balboa Thrift and Loan Irene & Gene Grady ,~ Bank of America Home Federal Savings Chula Vista Host Lions Club Old Bonita Store "~ Chula Vista Investment Co. People's Bank Chula Vista Sanitary Service Rohr Industries Marie Callenders San Diego Gas & Electric Company San Diego Trust & Savings VFW Robert H. Scholer Post #2111 Wilson & Cox Insurance Agency c. Mayor Cox referred to a letter received from William Knight requesting Council support in getting help for his father, Clarence Knight, who broke his hip. MSUC (Cox/McCandliss) for staff to prepare a letter expressing the Council's fondness for Mr. Knight and hope that his problem could be resolved. Councilwoman McCandliss stated that the letter should go to the Commission on Aging since they have a number of benefits available which list could be given to Mr..Knight. Further, a letter should go to the Area Director of Aging and to the Health Systems Agency and to contact Mr. Hunter's office. Mayor Cox included this in his motion. Councilwoman McCandliss agreed to the second. Councilman Moore noted that Mr. Knight has given thousands of hours to the City in serving on various commissions, He felt a staff member should take the lead and see what is available to help Mr. Knight. Councilwoman McCandliss said she would take the lead on this. ~', 30. COUNCIL COMMENTS a. Councilwoman McCandliss wished eveHone a Merry Christmas and a Happy New Year. b. Councilman Moore referred to the memo from the City Clerk whereby she asked permission to apply for candidacy on the State City Clerk's Association. City Council meeting - 18 - December 18, 1984 MSUC (McCandl i ss/Moore) to approve the City C1 erk' s request. Mayor Cox remarked that he would like to encourage all department heads to participate actively in their associations. MSUC (Cox/Moore) for staff to come back on a policy on department heads taking leave to attend their association's meetings, and to make a recommendation if there is not a policy, whether one should be done. Further, if the City should provide for release time for participation in associations for employees in these professional organizations. Mayor Cox noted the Council will be convening at 3 p.m. on Thursday, December 20 to go into closed session and then immediately following the Redevelopment Agency which begins at 4 p.m. MSUC (Moore/Cox) to convene at 3 p.m. on December 20 and to convene as a regular City Council tier to the Redevelopment Agency meeting which would begin at 4 p.m. in erdadiscuss one item. ADJOURNMENT AT lO:O0 p.m, to the special meeting of December 20, 1984 at 3:00 p,m.; to the meeting prior to the Redevelopment Agency meeting of December 20, 1984 at 4 p.m. and to the regular City Council meeting scheduled for January 8, 1985. (~EN~E M. FULASZ, CMC z City Clerk WPG:0514C PAG/ 'I STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER COUNTY OF SAN DIEGO ) ss OF ADJOURNMENT OF MEETING CITY OF CHULA VISTA ) I, Jennie M. Fulasz, being first duly sworn depose and say: That I am the duly ~osen, qualified and acting City Clerk of the City Council of the City of Chula Vista; That the regular meeting of the Council of the City of Chula Vista was held December 18, 1984 and said meeting Was adjourned to the time and place specified in the order of adjournment ATTACHED HERETO: That on Wednesday, December 19, 1984 at the hour of 9:15 a.m. I posted a copy of said orderat a conspicuous place on or near the door of the place at which sa'id meeting of December 18, 1984 was held. City Cle~ MINUTES OF AN ADJOURNED REGULAR ~ETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held December 18, 1984 The City Council met in the Council Chamber at the City Hall, 236 Fourth Avenue on the above date at 7:0~ p.m. with the following: Councilmen present: Councilmen absent: , , , , , , , , , ADJOURNMENT The Mayor adjourned the meeting until Ihursday, December 20, ]984 befor a f r the Redevelopment Agency Meeting at 3 p.m. & 4 p.m. ~n t~e~f~J~X~lYav~D~vsVConference Room, City Hall, 276 Fourth Avenue, Chula Vista, California. I, JENNIE M, FULASZ~ 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 December ]8, ]984 /~/~-~z~c.I/~/ /~NNIE M. FULASZ, ~C, City lerk City of Chula Vista, California