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HomeMy WebLinkAboutcc min 1984/11/13 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA Tuesda~v, 7:00 p.m. November 13, 1984 ROLL CALL Councilmembers present: Mayor Cox, Councilmembers Malcolm, McCandliss, Scott, Moore Councilmembers absent: None Staff present: City Manager Goss, City Attorney Harron, 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 meetings of October 18, 5:50 p.m., 25 and 30, 1984 MSUC (Moore/McCandliss) to approve the minutes with the revised minutes of October 25 showing Councilwoman McCandliss as arriving at 4:25 p.m. 2. SPECIAL ORDERS OF THE DAY (None) Mayor Cox noted that Thursday, November 15 will be the "Great American Smokeout Day". 3. WRITTEN COMMUNICATIONS a. REQUEST FOR MAYOR/COUNCIL TO REVIEW ORDINANCE 1997 REGARDING MOBILEHOME RENTALS {Chairman, Owner/Residents Relations Committee) Appeal to the Mayor and Council to review Ordinance 1997 dealing with the practice of using the Consumer Price Index {CPI U) as an index to determine space rental increases. MSUC {Moore/Scott) to refer this matter to the Mobilehome Issue Committee for review and report. Councilman Malcolm remarked that 2-1/2 years ago, the Council asked staff to look for additional land and housing for mobilehome parks in the City. Nothing has passed and he asked staff to take Council's direction and find property suitable for that type of zoning. City Council Minutes - 2 - November 13, 1984 3b. REQUEST PROPOSED VALLEY LAND COMPANY ANNEXATION NOT BE APPROVED UNTIL COMPLETION OF SPHERE OF INFLUENCE STUDY BY LAFCO (Sweetwater Valley Civic Association} Request the proposed annexation of the Valley Land Company property on Valley Road to National City not be approved and not take place until the completion of the accumulated Sphere of Influence Study by San Diego Local Agency Formation Commission (LAFCO). City Manager Goss stated he has no particular recommendation - it would be difficult for the proponents to meet the January 1985 deadline since the application pending before LAFCO is an incomplete one. Councilman Scott questioned whether this was appropriate and the City Manager stated he would contact LAFCO and find out. MSUC (McCandliss/Scott} to trail this item to follow Item No. 15 on the agenda {the Sphere of Influence Plan for Chula Vista). Councilman Malcolm abstained due to a potential conflict of interest. c. NOTIFICATION OF DISBANDMENT OF CRIME WATCH COMMITTEE - REPLACEMENT WITH COMMUNITY SERVICE OFFICER {Chairman, Crime Watch Committee) A Community Service Officer will begin employment with the City by Janua~ 1985 and it was recommended that the Crime Watch Committee be disbanded and any related crime watch efforts be directed to that Officer for implementation. MSUC {Moore/McCandliss} to accept the Chairman's recommendation. Councilman Moore stated he felt this neighborhood watch was the best program for residential burglaries and crime prevention in the country and would like to have something done to expand this particular program. MSUC {Moore/Cox) for the City Manager to have the neighborhood watch program reviewed as to various means of expansion and report back to the City Council i n three months. Councilwoman McCandliss expressed her concern that the Community Service Officer would be a "catch-all" for various assignments in the City. City Manager Go ss assured her the assignments would be monitored. d. REQUEST FOR BUSINESS SALUTES CHULA VISTA FAIR MAY 18, 1985 - CITY ASSISTANCE FOR CREW TO HANG BOARDS FOR BOOTHS {Chula Vista Chamber of Commerce) Request for City assistance by having a crew from the construction and repair division hang the back boards for booths for the "Business Salutes Chula Vista Fair" to be held May 18, 1985 at the Civic Center Plaza. MSUC (Malcolm/Scott) for approval. City Council Minutes - 3 - November 13, 1984 e. REQUEST BY BONITA OPTIMIST YOUTH FOUNDATION FOR INPUT TO M~STER FACILITIES STUDY (Bonita Optimist Youth Foundation, Inc. ) The Bonita Optimist Youth Foundation, Inc. asked to contribute to the Master Facilities Study planned to consider the future development and use of all of the city's park and recreational property adjacent to the Optimist Center. The Bonita Optimist Club invited Council to an informal reception at the Bonita Optimist Center in the near future. MSUC (Moore/Scott) the Bonita Optimist Club be provided appropriate opportunities to contribute to the overall Master Plan, as requested in their 1 etter. Mayor Cox asked the City Manager to schedule a tour of the City after the first of the year and have the Bonita Optimist Center as part of the tour. f. CONCERN REGARDING PROPOSED HANDYTRANS FUNDING CUT FOR CHULA VISTA ROUTE (John Mattison M.D. ) John Mattison requested Council support of the continued funding of the HandYtrans Service in the Chula Vista area. MSUC (McCandliss/Scott) to receive the letter. g. COMPLAINTS REGARDING THIRD AVENUE/CENTER STREET CLOSING DURING OCTO BERFEST ( E1 i zabeth Ru nke/Ma ri e Arnold ) Some of the residents of the Congregational Towers expressed their concern and opposition to having Center Street closed (east of Third Avenue) for three days for an Octoberfest celebration by the Munchher Kindl restaurant. Also objected to was the German band which played each day disturbing the residents at the Towers. They requested any prolonged band entertainment be at a "reasonable distance" from their residential complex and that future street closing be granted for not more than one day. MSUC (Scott/Moore) to refer to staff for review and evaluation. h. RESIGNATION - DESIGN REVIEW COMMITTEE (Norman G. Williams) Mr. Williams submitted his resignation due to increasing business commitments making it impossible for him to devote sufficient time to appropriately serve the City. MSUC {Scott/Malcolm) to accept the resignation with regret. i. REQUEST FOR REFUND OF SEWER CHARGES AND PERMISSION TO CONNECT DRAIN LINE TO CITY'S SEWER (Edgar Rulloda) Mr. Rulloda appealed the decision of the Engineering department which denied his request for a refund of sewer charges paid the City since March 1976. Also, he requested his drain line be connected to the City for sanitary reasons. City Council Minutes - 4 - November 13, 1984 MSUC {Moore/Scott) to refer to staff for review and report. j. REQUEST TO EXHIBIT FIVE LIVE REINDEER AT CHRISTMAS TREE LOT ll40 BROADWAY (Miller & Sons) Permission was requested by Miller & Sons Company to exhibit five live reindeer on their Christmas Tree lot 1 ocated at 1140 Broadway, Chula Vista. MSUC (McCandliss/Scott) to refer this matter to staff. Councilman Malcolm questioned the action just taken by the Council indicating the time element referring it back to staff and noting this same request was approved last year. SUBSTITUTE MOTION MSUC {Malcolm/McCandliss) to approve the request subject to staff conditions. At the consent of the Council, Item No. 24 was brought up for consideration at this time. 24. REPORT MRS. HELEN MOTTO FOR FINANCIAL ASSISTANCE FOR METRO FOOD PROJECTS, INC. (Principal Administrative Analyst Byers) At the City Council meeting on October 30, 1984, Helen Motto submitted a written communication requesting financial assistance for her newly established food bank, Metro Food Project, Inc. At that meeting, the Council requested staff report back by the November 13 City Council meeting on whether the proposed project is eligible for Community Development Block Grant funding, fund availability, and a recommendation from staff in regard to funding Metro Food Project, Inc. Staff recommended: (1) Authorizing expenditure of up to $2,000 from Block Grand Fund, said amount representing payment of utility bills for four months {September, October, November and December 1984, if required) for Metro Food Project, Inc. (2) Refer this matter to the Human Relations Commission and Commission on Aging for appropriateness of City funding, possible suggestions on other funding sources, and suggestions for other program assistance. Mrs. Motto stated she is getting numerous telephone calls (approximately 50 a day) with as many people coming into the food bank. She thanked the Council for its support. MSUC (Scott/McCandliss) to accept the staff recommendation. City Council Minutes - 5 - November 13, 1984 4. ORAL COMMUNICATIONS a. Mrs. Ruth Chapman, 8 Sierra Way, Chula Vista stated her block has an antiquated sewer system and three weeks ago, her home was flooded as well as her neighbors' homes. Mrs. Chapman submitted letters from Mrs. Leona Wolf and Mrs. Frank Barnes with similar complaints. City Manager Goss stated it is an old sewer and the City's maintenance crews have been repairing it. He recommended that the City hire a consultant to design the system - the bulk of the money to come from City funds. MSUC (Cox/Scott) to authorize the staff to begin preliminary design and report to the Council on the cost {shared) and what the fees should be. b. Herb Field, 22 Sierra Way and Peter Schurek, 14 Sierra Way thanked the Council for the support received from the maintenance crews and asked that something be done about their sewer problem. c. Hugh Hyde 1915 Coe Place, Chula Vista stated he has resided in Chula Vista for 15 years and is a teacher at Southwestern College. He tried to see the Director of Public Safety yesterday but after an hour, left his office. Mr. Hyde complained about a police incident at the Valley Store (across from the college} in which a young man was handcuffed and then a neck hold was applied by an Officer. Mr. Hyde stated his obections to this to the Officer and was then "harassed" by the police officers. He asked that the Council establish a Police Review Board to handle such citizen compl ai nts. MSUC (Scott/Cox) to refer this item to staff for a report back to the City Council as soon as possible. Councilman Moore expressed his opposition to Mr. Hyde's use of language in relating the incident. d. Michael Spata, 1007 Fifth Avenue, San Diego, Attorney for United Enterprises asked if he could speak to Item No. 15 on the Agenda since it is on the Consent Calendar. The Mayor informed him that it would be pulled from the Consent Calendar. CONSENT CALENDAR (Items 5-17) MSUC (Cox/Malcolm} to approve the Consent Calendar with the exception of Items No. 8, ll and 15. 5. RESOLUTION 11823 RECITING THE FACT OF THE CONSOLIDATED GENERAL ELECTION HELD ON THE 6TH DAY OF NOVEMBER 1984 DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW (City Clerk) Five propositions were placed on the November 6 ballot. The City Clerk's Certificate of Canvass was based on the semi-official tally made by the Registrar of Voters - the offical tally wiTi be completed by the first of December. The official tally will be the figures recorded in the public records. City Council Minutes - 6 - November 13, 1984 CITY CLERK'S CERTIFICATE OF CANVASS I, Jennie M. Fulasz, City Clerk of the City of Chula Vista, California, County of San Diego, State of California, duly authorized by Resolution No. 11789 adopted by the City Council of said City on the 23rd day of October 1984, do hereby certify that I have canvassed the returns of the Consolidated General Municipal Election as it applied to the five Propositions placed on th ballot of the election held on Tuesday, November 6, 1984 and find that the total number of ballots cast was 32,106. The total number of votes cast for the Propositions for and against were as follows: PROPOSITION E An amendment to the Charter of the City of Chula Yes - 9,072 Vista amending Article VI, Section 600, permitting No - 19,395 the City Council to appoint nonresident experts to boards and commissions which are created by the Council and permitting Council-created boards and commissions to act upon a vote of a majority of the quorum as opposed to a majority of the ent i re members hi p. PROPOSITION F An amendment to the Charter of the City of Chula Yes - 15,516 Vista amending Article V, Section 500, and Article No - 12,006 VII, Section 701, ensuring Civil Service protection for present mid-managaement level positions. PROPOSITION G An amendment to the Charter of the City of Chula Yes - 10,405 Vista amending Article III, Section 304, establishing No - 18,774 the annual salary of the Mayor at $35,000. PROPOSITION H An amendment to the Charter of the City of Chula Yes - 10,830 Vista amending Article III, Section 302, establishing No - 18,197 the salary for a Councilmember at $12,000 per year. PROPOSITION J An amendment to the Charter of the City of Chula Yes - 23,088 Vista amending Article III, Section 300, No - 4,980 clarifying the term of the office of the City Counci 1. The total number of precincts in the City were 72. City Council Minutes - 7 - November 13, 1984 That attached hereto and made a part hereof is a list of the number of votes received in each precinct for the Propositions voted on and the total number of votes received in the election. I certify that the foregoing statement of results is a full, true and correct statement of the facts of said canvass and of the result of said election and that as soon as the result was declared, the aforesaid statement was duly entered by me, the City Clerk of the City of Chula Vista, California, on the records of said City Council. Further as a result of the election, a majority of the qualified voters passed the following Propositions: Proposition F Proposition J Dated: November 7, 1984 JENNIE M. FULASZ, CMC City Clerk 6. RESOLUTION 11824 INITIATING THE BONITA ROAD/PLAZA BONITA ROAD REORGANIZATION INVOLVING ANNEXATION OF APPROXIMATELY 3.5 ACRES OF VACANT UNINHABITED TERRITORY TO THE CITY OF CHULA VISTA AND CONCURRENT DETACI~4ENTS FROM THE BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT AND THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT - ZONE 3 PURSUANT TO THE PROVISIONS OF THE DISTRICT REORGANIZATION ACT OF 1965 (DRA} {Director of Planning} Councilman Scott abstai ned due to a potential conflict of interest. The 3.50 acre proposal area is a vacant elongated parcel of land located directly east of 1-805 at the northwest corner of Bonita Road and Plaza Bonita Road in the unincorporated territory of San Diego County. The subject area is contiguous to the existing City boundary on its westerly side and is closed by the adjoining roads. The lands in question are currently County-owned and under the control of the County Parks Department, which has considered the property to be surplus park land. Both the City and County concur that annexation to the City of Chula Vista is appropriate at this time, and that the City of Chula Vista should be the initiating agency. 7. RESOLUTION 11825 AUTHORIZING THE DESTRUCTION OF CERTAIN PERSONNEL DEPARTMENT RECORDS {Director of Personnel) The Personnel Department requested authorization to destroy some unneeded records in order to conserve storage space and reduce staff time. Personnel has reviewed these records stating they are no longer needed. City Council Minutes - 8 - November 13, 1984 9. RESOLUTION 11826 APPROVING THE STATEMENT OF ANNUAL HOUSING GOALS FOR THE PERIOD OCTOBER 1, 1984 TO SEPTEMBER 30, 1985 AND AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT THE NECESSARY DOCUMENTS TO THE U.S. DEPAR1MENT OF HOUSING AND URBAN DEVELOPMENT ( Community Development Di rector) On May 10, 1983, the Council approved a three-year Housing Assistance Plan for the period from October l, 1982 to September 30, 1985 and submitted that plan to HOD by whom it was subsequently approved. Ongoing maintenance of that plan requires annual Statements of Housing Assistance Goals. The statement of goals for the period from October l, 1984 to September 30, 1985 has been prepared. lO. RESOLUTION 11827 APPROVING AGRE~ENT BETWEEN THE CITY OF CHULA VISTA AND MENTAL HEALTH SYSTEMS, INC. AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Community Development Director) Kinesis South operates an adult psychiatric day treatment program and a flower delivery business, "Thanks-a-Bunch", as a vocational rehabilitation pro9ram. The funds will be used to partially pay the cost of rented office space for the delivery business (~3,000). On May ll, 1984, the City Council approved the Community Development Block Grant (CDBG) budget for fiscal year 1984-85. Included in the approved budget were funds for Kinesis South which is run by Mental Health Systems, Inc. An agreement for supporting this program must be approved before funds can be released. 12. RESOLUTION 11828 APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 84-6 THE NINE (Director of Public Works/City Engineer) The Final Map for Chula Vista Tract 84-6, The Nine, has been checked and found to be in substantial confo~mance with the Tentative Map. The development will consist of six two-bedroom townhouse units and three one-bedroom flat units in a combination of two and three-story structures. The developer has submitted all required documents, met conditions of approval and paid all fees. The work required by the conditions of approval has been completed and accepted by the City. 13. RESOLUTION 11829 ACCEPTING DEDICATION OF EASEMENTS WITHIN PARCEL MAP 85-1 (LOT 1 OF CVT 80-7) (Director of Public Works/City Engineer) Parcel Map 85-1 has been checked and found to be in compliance with City requirements. However, prior to recordation of said Parcel Map, the developer (Wayne A. Bienhoff) is required to grant to the City subject easements. The first two easements (drainage and restrictive drainage) are required by the City Council Minutes 9 November 13, 1984 Army Corps of Engineers - they are located on the north side of the property along the Telegraph Canyon Channel. A street tree planting and maintenance easement along Broadway is also needed as a required condition of approval of the Tentative Parcel Map 85-1. 14. RESOLUTION 11830 AUTHORIZING FUNDING FOR A REPRESENTATIVE OF THE TASK FORCE ON ENVIRONMENTAL CONCERNS AND A REPRESENTATIVE OF THE FIRE DEPARll4ENT TO ATTEND A LEAGUE CONFERENCE ON HAZARDOUS WASTE (City Attorney) At its October 15, 1984 meeting, the City Council requested staff to prepare a resolution authori zing funding for one member of the Task Force on Environmental Concerns to attend the League Conference on Hazardous Waste. Council indicated funding was availabale in the Council Contingency Fund for this Conference. It was al so suggested the same offer be made to a representative of the Resource Conservation Commission. In addition, it is proposed that a representative of the Fire Department attend the semi nar i hasmuch as a Fi re Department has the primary responsibility for dealing with hazardous waste problems in the City. The estimated cost will not exceed $450. Assistant City Manager Asmus stated that the person selected from the Task Force to attend this meeting had declined. He will be meeting with the other members to see if another selection can be made. 16. REPORT REQUEST TO CONDUCT ANNUAL STARLIGHT YULE PARADE ( Di rector of Parks and Recreation) The Downtown Committee of the Chamber of Commerce and the Sweetwater Union High School District are co-sponsoring the Annual Starlight Yule Parade and request approval to conduct the parade and close certain streets. Some City support services are also requested. The Director of Parks and Recreation recommended Council approve the request subject to staff conditions. 17. REPORT SOUTH BAY YMCA REQUEST TO CONDUCT A 5K FUN RUN (Parks and Recreation Director) The YMCA's Fun Run is being conducted to qualify youth athletes to advance into Regional and National Cross Country Championships. Approximately 120 runners are expected to participate. Since an entry fee is charged for the event, in keeping with Council Policy 762-02, no waiver of fees for special police is recommended. The Port Distr. ict has been advised of the request to conduct this event and it has been requested they be included as an additional insured on the liability insurance certificate. City Council Minutes - 10 - November 13, 1984 The Fun Run i s scheduled for Sunday, November 18, 1984 at 7:30 a.m. The Director of Parks and Recreation recommended Council approve the request subject to staff conditions. End of Consent Calendar 8. REPORT 1984 C~ISTMAS TREE LIGHTING CEREMONY (Director of Parks and Recreation) a. RESOLUTION llB~ APPROVING AGREEMENT BE1WEEN THE CITY OF CHULA VISTA AND UNION ICE COMPANY TO PROVIDE SNOW AND HOLDING UNION ICE COMPANY H~RMLESS (~ rector of Parks and Recreation) The City will conduct its annual Christmas Tree Lighting Ceremony in Memorial Bowl at 7:00 p.m., Thursday, December 13, 1984. Two snow piles will be provided in the Bowl area: one for children eight years of age and under and one for children nine and over. Before Union Ice Company will deliver the snow, the City must execute an agreement for the service. The agreement includes a clause holding the company harmless for any damages to City property or i ndi vi dual s resul ti ng from the del i very of the snow. A certificate of insurance is being provided to Union Ice, as required by the agreement in the amount of $1 million, showing them as an additional insured. Councilwoman McCandliss noted that the Music Machine was scheduled to perform. She indicated that the audio system was very poor last year and asked if anything was done to improve it. Di rector of Parks and Recreation Pfister stated that new equipment has been purchased and they expect an excellent system this year. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. In answer to Councilman Malcolm's question, Mr. Pfister stated that there were some people possibly hurt by the hard snow last year; however, staff received no official requests for first aid. ll. RESOLUTION 11832 AUTHORIZING THE TRANSFER OF THE GREG ROGERS HOUSE TO MR. AND MRS, LEE BURCH AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT EVIDENCING SAID TRANSFER (Community Development Director) At the July 24 Council meeting, Council directed staff to: (1) oversee the relocation of the Greg Rogers House to 614 Second Avenue, a privately owned lot by Mr. and Mrs. Lee Burch and (2) to prepare an agreement that preserves the house's historic value. City Council Minutes - ll November 13, 1984 The agreement includes a provision for the repayment of $13,686.65 for City's moving costs and the removal of the house from City's corporate yard upon transfer of a bill of sale. The agreement also provides for indemnification for the City for seen and unseen defects in the house and in the result of injury. Finally, the agreement calls for rehabilitation of the structure within one year of the date of this Agreement. Joe Sprouse, 622 Second Avenue, Chula Vista stated he objected to the moving of the house on this particular lot adjacent to his home. His fence will have to be taken down and the house would have to traverse his property to get onto the new 1 ot. Mr. Burch thanked the Council for their help in obtaining the old house. He said he did not understand his neighbor's complaint. The house would be situated 200 feet away from his neighbor's home and if the fence was to be taken down, he had agreed to replace it with a brand new redwood fence. However, Mr. Burch stated he had another entry way in order to get the house onto the premises. 15. RESOLUTION ACCEPT ING THE DRAFT SPHERE-OF-INFLUENCE PLAN, AND DIRECTING ITS SUBMITTAL TO LAFCO FOR ENVIRONMENTAL ASSESSMENT AND OFFICIAL ADOPTION I Di rector of Planni ng) Councilman Malcolm abstained due to a potential conflict of interest and left the dais at this time. City Manager Goss abstained due to a potential conflict of interest (staff role) and left the dais at this time. In answer to Councilman Scott's question of his potential conflict of interest, the City Attorney advised Mr. Scott to judge the presentation and then decide. Mr. Scott remained at the dais. Principal Planner Pass submitted a draft on the Sphere of Influence Plan for Chula Vista as prepared by Mooney-Lettieri and Associates, in conjunction with the City Planning Department. Upon adoption by the San Diego Local Agency Formation Commission {LAFCO), this plan will designate the eventual territorial limits of the City of Chula Vista's planning, development, and c onservati on re sponsi bi 1 i tie s. The Director of Planning recommended concurrence with the recon~endation of the City Planning Commission that Council: (1) accept the Draft Chula Vista Sphere-of-Influence Plan and order its offical submittal to LAFCO for environmental assessment and adoption and; {2) adopt the draft resolution. City Council Minutes - 12 - November 13, 1984 Mr. Tony Lettieri, Consultant, gave an overview of the Sphere of Influence stating they used the LAFCO guidelines. Mr. Lettieri referred to two maps on the wall: one showing the sphere of influencel and the other, the Chula Vista City boundaries. He noted the Sphere's northern boundary as State Route 54 to the bay; the western boundary as the bay and the corporate boundaries of San Diego; southern boundary would be the bluff line of the Otay River and the eastern boundary would be the major lakes - Otay Reservoir. As to community by community, the following six were designated: 1. Central Chula Vista/Bayfront. 2. Montgomery/Otay 3. Bonita 4. Sunnyside 5. Telegraph Canyon/Lakes 6. Eastern Territories Mr. John McIntyre, Public Affairs Consultant, stated his finn prepared the analysis. The analysis as presented to the Council assumes continued existing Council policies with respect to cost and revenues at State, local and Federal levels. Further, all annexations will take place in fiscal year 1985. As to the net project, the Bonita planning area would come in as a negative area if it was annexed this year. The Sunnyside area would have a negative initial impact; however, with development proceeding in that area, it would take on a positive impact. All the other planning areas would start with an initial positive fiscal impact and remain positive for the life of this analysis (20 years). As to the capital side of the analysis, if the City were to apply existing standards (roads, lights, etc) requiring capital expenditures, it would exceed the capital revenues accruing from those property taxes. Mr. Lettieri stated the Sphere of Influence is made to be amended some time in the future when planning is completed in certain areas. They have used the LAFCO guidelines as a major tool in the study and also plans adopted by the City such as a growth management plan, Council discussion followed with Mr. Lettieri answering questions as to his recommendation for the boundaries of the communities. Mayor Cox noted that Union Oil had submitted a letter asking all of their property be encompassed in the Sphere of Influence Plan. Michael Spata, representing United Enterprises, 1007 Fifth Avenue, San Diego stated his clients object to the sphere of influence study based on the fact they have had no input into the study. Staff should have considered United Enterprises policies in close consultation and cooperation. Mr. Spata read the fol 1 owing Ietter into the record: City Council Minutes - 13 - November 13, 1984 "This is to advise you that despite several inquiries made by United Enterprises Inc. during the past year, United Enterprises, Inc. has not had an opportunity to provide nor has it been asked to provide its input to the proposed City of Chula Vista Sphere of Influence for October 1984. In spite of the fact that this is an important land use study and in light of the fact that LAFCO maintains a policy that close cooperation and consultation of the local communities is essential when developing spheres of influence, United Enterprises, Inc. must go on record and oppose the adoption of the pending Sphere of Influence because of the absence of cooperation and consultation regarding this preparation." Mr. Spata requested a two week continuance so they could review the draft. MS (Scott/Cox) to hold this matter over for two weeks so that the major property owner can have a look at it and make comments on it. Mayor Cox said that he will be asking for a change in the eastern boundary due to Union Oil's request and this should be reviewed by staff and come back at the same time. Councilman Scott withdrew his motion. Mayor Cox withdrew his second. Robert Moreland, representing Union Oil requested all of their property be included within the Sphere of Influence boundary since they feel it is important that Chula Vista participate in the planning of this property. In answer to Council's questions, Director of Planning Krempl explained the area was not included due to the planning area boundary - the land is quite rugged and not developable. MSUC (Scott/Moore) to approve the following communities: (1) Central Chula Vista/Bayfront; (2) Montgomery/Otay; (3) Bonita; (4) Sunnyside with the expanded area as requested by Union Oil Company. Mayor Cox reported he met with some of the property owners of the 640 acres in the area of the Telegraph Canyon/Lakes section. They are going to request reorganization of that land to Chula Vista {I-805 to Palm Avenue, across from Palm Avenue to Otay Valley Road going to Otay Mesa). MS {Cox/McCandliss) to use the extension of Palm Avenue to Otay Valley Road as the boundary line for the Southern portion of the Telegraph Canyon/Lakes section. SUBSTITUTE MOTION MSUC (Cox/Scott) to have the staff bring back in two weeks the revision to the Telegraph Canyon/Lakes Community and also the Eastern Territory subsection in two weeks for Council consideration. Consultant Lettieri stated he would not be able to be present in two weeks. Councilwoman McCandliss commented that if there is no planning problem, staff come back in two weeks - if there is a problem, staff can come back in three weeks. City Council Minutes - 14 - November 13, 1984 MSUC IMoore/Scott) for the City Council to authorize the Mayor to establish a liaison with National City representatives for further negotiations regarding the annexation as it pertains to the City's northern border as well as the southern pocket at the northwest corner. {Councilman Malcolm abstained). b. REQUEST PROPOSED VALLEY LAND COMPANY ANNEXATION NOT BE APPROVED UNTIL COMPLETION OF SPHERE OF INFLUENCE STUDY BY LAFCO (Sweetwater Valley Civic Association) The request was for the proposed annexation of the Valley Land Company property on Valley Road to National City not be approved and not take place until the completion of the accumulated Sphere of Influence Study by San Diego Local Agency Formation Commission (LAFCO). MSUC (McCandliss/Moore) (Councilman Malcolm abstaining) to receive the request and file. Councilman Malcolm and City Manager Goss returned to the dais at this time. CONTINUED MATTERS AND SECOND READING OF ORDINANCE 18a. CONSIDERATION APPROVAL OF THE TENTATIVE MAP FOR CNULA VISTA WOODS, CHULA VISTA TRACT 84-13 - (Continued from the meeting of October 23, 1984) (Director of Planning) Mayor Cox reopened the public hearing at this time. This item was continued from the City Council meeting of October 23, 1984 to allow staff to prepare a resolution covering specific issues and questions raised on: (1) Requiring a stub street to serve future access. (2) The merits of having public streets. (3) The cost and advantages of concrete streets. (4) Consideration of a development agreement. Director of P1 anning Krempl recommended: Option 1 - Council refer the map back to the applicant to revise the layout utilizing a standard public street system to serve the lots. Option 2 - is for Council to approve the map subject to all private streets to be constructed of 5-1/2 inch thick concrete. Design of the concrete pavement shall meet the requirements of the Subdivision Manual. City Council Minutes - 15 - November 13, 1984 The Planning and Engineering Departments have concluded that based on a final analysis of the project and the issues, it would be in the best long range interests of the City and future residents of the projects to have a public street system and therefore have recommended approval of Option 1 which would require the redesign of the subdivision resulting in a loss of 12-14 units. This change would likely increase the cost of the individual units by several thousand dollars because of increased design time, project delay, and a lesser number of units to absorb the development costs. Should Council wish to approve the project with the private street design Option 2 is available with the recommendation to substitute a concrete system for asphalt. If Council approves Option 2, then approval of the precise plan is appropriate subject to the modifications of the tentative map and staff conditions. Housing Coordinator Gustafson discussed the conditions which could be attached to the project which would secure the affordable housing benefits in exchange for the Council's assistance in the project. Mr. Gustafson noted that at the start of the project, the sales price of the homes were between $58,000-~76,000. The developer would have provided units affordable to households in the 90-100% of the median category and prior to that price, the lO0 million take out commitment would have yielded about 83 below market mortgages. With the 1983 bond issue, this range would be narrowed and Chula Vista Woods would be at the lower end of the range with the $65,000 average with the bond issue project in the $100,000 bracket. The project is in receipt of mortgage commitments for the 1983 mortgage revenue bond of 5.2 million dollars. Mr. Gustafson discussed the definition of "affordability" expressing his recommendation that a development agreement be entered into within 90 days of approval of the tentative map. He would recommend requiring the sales price caps and income limits to be included in that agreement and those limits to be established as to the amount and the number of units as a result of an evaluation of the developer pro forma information by the Agency Housing Consultant, Mr. Dan Grady. Council discussion followed with staff as to the "affordability" of the homes; the various concessions given by Council; the project being "substandard"; not having a park area in the subdivision; similar projects with the same density in the City; the concrete vs. the asphalt streets and the maintenance of such streets; the advantages of the stub street and its configuration. Mr. Tom Davies, 2550 Fifth Avenue, Attorney representing the Gardner properties stated this project has been on the board for the last 4-5 years. The subdivision map was approved in 1979 with no outside access (stub street). They oppose the stub street as they see no reason for it. They can see that the streets should be concrete rather than to redesign the entire project. They will agree to a developer agreement as to the pump station. City Council Minutes - 16 - November 13, 1984 Mr. Don Gardner, 1497 Jayken Way -B, Chula Vista stated his goal all along has been to bull d affordable houses i n Chula Vista. The market ~ll dictate what is affordable. For the llO lots, they expect to sell them in a range between $70,000-$80,000. As to the restrictions on the mortgage bonds, they are fairly liberal with the maximum limitation of $134,000 and the maximum income of $44,000 for the average income. Peter Watry, 82 Second Avenue, Chula Vista stated he is disappointed with the entire project remarking it is "shameful" and will be nothing more than a "ghetto" in that particular area. He viewed the Holi day Estates Subdivisi on recently which was built by the same developer and found it very depressing. Mrs. Wendy Longley-Cook, 1007 Fifth Avenue, Suite lllO, San Di ego, representing United Enterprises, objected to the stub street noting the alignment of East Naples intersection would be less than 500-feet. It would, therefore, require United Enterprises to build a road to the north which they cannot use because they cannot put an intersection there {distances between intersections be a minimum of 200-feet). There being no further comments, either for or against, the public hearing was declared closed. Councilwoman McCandli ss noted the property is unique and expensive because of its access; however, the Council should be looking at the project not just for 1984 but for the year 1990. She recently toured a subdivision in Vista of manufactured homes and found them to be quite acceptable. Councilwoman McCandliss noted there are many concessions being granted to the developer which amount to subsidies. She declared her major concern was the streets which she felt should be standard streets with sidewalks. MS (McCandliss/Scott) for approval of Option 1. Councilman Malcolm commented he found the concrete streets; Councilman Scott noted hi s concern over the inadequacy of parking for the development. The motion failed by the following vote: YES: McCandliss, Scott NOES: Cox, Malcolm, Moore ABSENT: None MSC { /Mal m) to' ove opt~ 2. The motion carried by the following vote: AYES: Cox, Malcolm, Moore NOES: McCandliss, Scott ABSENT: None City Council Minutes - 17 - November 13, 1984 b. CONSIDERATION APPROVAL OF THE PRECISE PLAN FOR THE CHULA VISTA WOODS DEVELOPMENT (Continued from the meeting of October 23, 1984) This item was continued from the City Council meeting of October 23, 1984 to allow for the resolution of issues on the tentative map (see previous agenda i tem). The Director of Planning recommended if Council approves Option 1 on the previous agenda item (PCS-84-13) then the precise plan must be referred back to the applicant to conform with the revision of the street system. MSC (Cox/Moore) to approve the precise plan subject to the staff conditions. 1. The development of lot lll and lot 112 shall be subject to site plan and architectural approval by the Zoning Administrator prior to application for any building permits within the subdivision. 2. Fencing details including setbacks on individual lots shall be determined by the Planning Director upon application for building permits. 3. The architectural treatment for each unit shall be subject to Zoning Admi ni strator approval upon appl icati on for bui 1 ding permit. 4. The final site plan including the unit mix shall be subject to Zoning Admi ni strator approval pri or to approval of the final subdivison map. 5. The structures shall maintain a minimum level area from the top or toe of slope in accordance with Chula Vista Standard Drawing No. 20. The dwelling shall not be located closer than 5 feet to any retai ni ng wal 1 on the same 1 or. 6. Prior to the issuance of any building permits, the developer shall provide the location of all above ground utilities (transformer boxes, cable t.v., etc. ) and shall consider these items in designing the landscape and irrigation plan for the project. 7. The garages and driveways (both staight-in and curved) shall be so sited on each lot in such a manner as to maximize the number of on-street parking spaces. 8. The entry road into the development shall be clearly identified as being a private road through the use of entry walls, signs and a different treatment of the paving. The se detai 1 s shal 1 be submitted along with the detai 1 s for the development of the recreation area. City Council Minutes - 18 - November 13, 1984 9. The curb on the side of the street where parking is prohibited shall be painted red. 10. The 6-foot high chain link perimeter shall not be installed until such time as it is determined that it is necessary by the Zoning Administrator. This condition does not apply to the R.V. storage lot. The perimeter fencing shall be replaced with a wood fence where necessary. The motion carried by the following vote: AYES: Cox, Moore, Malcolm NOES: McCandliss ABSENT: Scott Discussion of the motion involved the development agreement whereby homes would be sold to one person who would be the owner-occupied and the viability of having a homeowner's association. 19~ REPORT PLANNING REFERRALS FROM SAN DIEGO COUNTY PLANNING TO THE CHULA VISTA PLANNING DEPARll~ENT IN THE MONTGOMERY AREA - (Continued from the meeting of October 30, 1984) Director of Planning) This item was continued from the October 30, 1984 meeting. The City Council, meeting in regular session on October 15, 1984 raised some questions as to how City staff responds to County P1 anning Oepartment referral s on development proposals within the unincorporated territory of San Diego County. The concern was specifically raised about Montgomery Area. This report discusses the nature, character and format of the Planning Department's report to County Planning. Councilman Malcolm stated he brought this to the Council's attention based on the fact that the staff had recently indicated its approval of having a mini-warehouse along Third Avenue. Since this area may at some time in the future come into the City, Councilman Malcolm was concerned about industrial uses along Third Avenue. Director of P1 arming Krempl stated the County is now embarking upon an update of their community plan for that area and Chula Vista will be involved in that effort. MSUC (Malcolm/Moore) to direct staff to look into a joint cooperation with the County in obtaining a new general plan and zoning for the Montgomery area. A letter is to be written over the Mayor's signature to the County followed by staff involvement. MSUC (Malcolm/McCandliss) to accept the staff report. City Council Minutes - 19 - November 13, 1984 20. ORDINANCE 2092 AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE RE'ZONING AND PREZONING 233.55 ACRES ON SOUTH SIDE OF OTAY VALLEY ROAD AND EAST OF 1-805 FROM A-8, A-72 (COUNTY) AND C-37 (COUNTY) TO I-L-P AND F-1 - SECOND READING AND ADOPTION - (Director of Planning) This ordinance was placed on first reading at the meeting of October 30, 1984. This item involves a City-initiated rezoning/prezoning of properties from A-8, A-72 (County) and C-37 (County) to I-L-P and F-1 in accordance with Resolution No. PCZ-84-J. MSUC (McCandliss/Malcolm) to place the ordinance on second reading and adoption, the reading of the text was waived by unanimous consent, passed and approved unanimously. 21. REPORT OF THE CITY MANAGER a. City Manager Goss reminded the Council of the Community meeting to be held on Monday, November 19 at 7 p.m. at Mayan Hall, Southwestern College to discuss the proposed Navy housing. b. City Manager Goss stated it was the consensus of the Council to meet on Saturday, December 1. The meeting will start at 8:30 a.m. and he will notify them of the location. REPORTS OF CITY OFFICERS AND DEPARIMENT HEADS 22. REPORT LANDSCAPE PLAN FOR NORTH SIDE OF TELEGRAPH CANYON ROAD BETWEEN HILLTOP AND "L" STREET {OPEN SPACE DISTRICT NO. 6) (Director of Planning) At the City Council meeting on February 21, 1984 in response to a report from the Parks and Recreation Department, staff was directed to remove the asphalt in the open space area. This was to be done in conjunction with a proposed landscaping plan approved by Council. The plan was to include recommendations regarding the rei ntroduction of 1 andscapi ng to the area, the possi bl e installation of pavers, and the repair and maintenance of the existing irrigation system. This report addresses those issues. The Director of Planning recommended any one of the four options presented as viable landscape alternatives for the treatment of Telegraph Canyon Road. These enhancements could also be considered for future parkway landscape pol icy. The costs vary for this project from approximately $74,000 to $213,000 depending upon the concept selected. Possible funding services would include Revenue Sharing, General Fund, Residential Construction Tax funds or in part, Gas Tax revenues. MSUC (McCandliss/Scott) to hold this over for a Council Conference. City Council Minutes - 20 - November 13, 1984 23. REPORT MORGAN'S CASTLE (City Attorney) On October 30, 1984 the City Council requested staff to prepare a report regarding Morgan's Castle ("boat" off "J" Street Marina). Specifically, Counci 1 sought recommendations regardi n9 ordinance changes that would "tighten up City control of the Port area within the City boundaries". A meeting is being proposed between representatives of the Chula Vista Police Department, the Harbor Police and the Coast Guard to further ensure that the necessary cooperation exists between the various pol ice agencies. This meeting will provide an additional mechanism for the City to indicate its concern that the Port District has not adequately pursued remedies available under the Port Di strict Code. At this time, the City Attorney's office did not recommend any ordinance changes to the Chula Vista Municipal Code due to the problems associated with the concurrent jurisdiction of Port District property. MSUC (Scott/McCandliss) to accept the staff recommendation. 24. REPORT MRS. HELEN MOTTO FOR FINANCIAL ASSISTANCE FOR METRO FOOD PROJECTS, INC. (Principal Admi ni strative Analyst Byers) (See page 4) 25. MAYOR'S REPORT a. Mayor Cox stated the League of California Cities, Southern Division is now selecting members to serve on the various committees. Any Councilmember wishing to serve as a member or alternate should notify him as soon as possible. b. The Mayor announced that Libby Brydolf reporter on the Star News would be leaving the paper on Thursday and joining the Daily Transcript. The Council wished her well. c. Mayor Cox noted a letter received from the City Clerk questioning the meetings to be held on December 25 and January 1 which are both Tuesdays and holidays. MSUC (Scott/Malcolm) to schedule no meeting for the December 25 and January 1 meeti n9 dates. d. The Mayor and Council wished the City Clerk a Happy Birthday. City Council Minutes - 21 November 13, 1984 26. COUNCIL COM~NTS a. Councilman Moore stated he has been receiving complaints regarding the riding of dirt bikes at Poggi Canyon, east of Orange. He questioned whether signs were posted for no entry and asked staff to check into this. ADJOUR~IENT AT 10:50 p.m. to the conclusion of the Redevelopment Agency meeting to be held on Thursday, November 15 at 4 p.m. to the special community meeting scheduled for Monday, November 19, 1984 at Southwestern College at 7 p.m. and to the regular Council meeting scheduled for November 20, 1984 at 7 p.m. C~y C1 erk WPG:0502C PAG STATE OF CALIFORNIA I 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 chosen, 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 Novembe~ 13, 1984 and said meeting was adjourned to the time and place specified in the order of adjournment ATTACHED HERETO: That on Wednesday, November' 14, 1984 at the hour of 9:50 a.m. I posted a copy of said order at a conspicuous place on or near the door of the place at which said meeting of November 13, 1984 was held. MINUTES OF AN ADJOURNED REGULAR }~ETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held November 13, 1984 The City Council met in the Council Chamber at the City Hall, 276 Fourth Avenue on the above date at 7:00 ~ p.m. with the following: Councilmen present: Cox, Malcolm, McCandliss, Scott, Moore Councilmen absent: None , , , , , , , -,'¢ , ADJOURNMENT The Mayor adjourned the meeting until Thursday, November 15, 1984 AFTER R~DB~ELOPMENI AGENCY meeting x at : p.m. in the ~v~%&~B~s~x~/Conference 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 _ November 13, ]984 ~ Z , f City of Chula Vista, Cali ornia