HomeMy WebLinkAboutcc min 1984/10/09 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, October 9, 1984 Council Chamber
1:30 p.m. Public Services Building
ROLL CALL
Councilmembers present: Mayor Cox (late) Councilmembers Malcolm,
McCandliss, Scott, Moore
Councilmembers absent: None
Staff present: City Manager Goss, City Attorney Harron,
Assistant City Manager Asmus
In the absence of Mayor Cox, Mayor pro Tempore Malcolm presided over the
meeting.
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
The Pledge of Allegiance to the Flag was led by Mayor pro Tempore Malcolm
followed by a moment of silent prayer°
1. APPROVAL OF MINUTES for the meetings of September 27 and October 2, 1984
MSUC (Moore/McCandliss) to approve the minutes. Councilman Scott abstained
from voting because he was not present at the meetings.
2. SPECIAL ORDERS OF THE DAY
a. INTRODUCTION OF FOREIGN STUDENTS - Doris Cox
The Council concurred to continue this item to the meeting of October 23, 1984.
b. PROCLAMATION PROCLAIMING SUNDAY, OCTOBER 14, 1984 AS "FALLEN FIRE
FIGHTERS' RECOGNITION DAY"
The Proclamation was presented to Battalion Chief Sam Lopez. Mayor pro
Tempore Malcolm extended the Council's appreciation to the Firefighters for
their excellent service to the community.
3. WRITTEN COMMUNICATION
a. REQUEST CONll~OL MEASURES AT CHULA VISTA TENNIS COURTS (Arthur Lawson)
Mr. Lawson recommended the use of a non-Chula Vista resident annual permit fee
for the tennis courts to restore order and augment court maintenance costs.
Conditions on the courts include assignments of playing time, possession of
keys for the locked gate allowing vehicle entry to the Park and keys for the
court equipment shed.
City Council Meeting 2 October 9, 1984
MSUC (Moore/Scott) to accept this item with referral to the City Manager
noting this request has been referred to the Parks and Recreation Department
and Council will be receiving a report on it.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
4. PUBLIC HEARING (RESCHEDULED) CONSIDEP~ATION TO REZONE 4.07 ACRES OF
SDG&E PROPERTY ON THE EAST SIDE OF I-5 FREEWAY AND
NORTH OF WALNUT AVENUE FROM R-3 TO I-L
GARDNER/GRETLER (Director of P1 anning)
a. ORDINANCE AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION
19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING
4.07 ACRES OF SDG&E PROPERTY ON THE EAST SIDE OF I-5
AND NORTH OF WALNUT AVENUE FROM R-3 TO I-L-P - FIRST
READING
The first reading on this item was conducted on September ll, 1984. During
the second reading on September 18, 1984, the Council was informed by the
adjacent residents that the applicant had been working on the property
clearing the vegetation and trees from the site and causing noise and dust.
The Council directed that the second reading not take place and reschedule the
rezoning matter for a public hearing.
The applicant informed the Planning Department that removal of the trees was a
condition of the lease a9reement with SDG&E indicating that the trees were
diseased and in need of treatment or removal. The removal of the trees and
the scraping of the surface does not require a grading permit; therefore, the
applicant has not done anything illegal. The allegation of dust created by
the activity would not violate any City ordinance unless it occurs over a long
enough period of time to be determined to be a nuisance.
The rationale for rezoning the property from R-3 to I-L-P is still valid;
therefore, the Planning Department's recommendation for approval remains valid
with the following changes in the development standards:
(1) Deleting the standards relating to existing trees.
(2) The use of specimen trees on the site to compensate for the loss of
the existing trees.
(3) The requirement of a lO-foot landscape buffer strip along the
northerly property line.
(4) The disposition of the zoning wall to be deten~ined by the Zoning
Administrator after meeting with the mobilehome park residents and
developers.
(5) Increasing the solid wall height and extending the location to
enclose the storage area.
Continued to the meeting of October 15, 1984 at 7 p.m.
City Council Meeting 3 October 9, 1984
5. PUBLIC HEARING CONSIDERATION OF AMENDMENT TO TITLE 18 OF THE
MUNICIPAL CODE TO ALLOW PLANNING COMMISSION APPROVAL
OF TENTATIVE MAPS FOR ONE-LOT CONDOMINIUMS (Director
of Planning)
ao ORDINANCE AMENDING SECTIONS 18.12.080 AND 18.12.090 AND ADDING
A NEW SECTION 18.12.150 TO ALLOW PLANNING COMMISSION
APPROVAL OF TENTATIVE MAPS FOR ONE-LOT CONDOMINIUMS -
FIRST READING
On July 16, 1984, the City Council accepted the report on the land development
process in the City of Chula Vista. The report recommended several changes to
help improve or expedite the development process.
One change relates to tentative maps. Since tentative maps for one-lot
condominium projects are relatively simple, review by both the Planning
Commission and City Council is not necessary. The Planning Commission is
recommending that the authority to act upon these maps be vested with the
Planning Commission with appropriate appeal s to the City Council. This change
will save approximately three to four weeks on the map processing time for
developers and is consistent with Council direction and discussion which took
place at the July 16, 1984 workshop.
Continued to the meeting of October 15, 1984 at 7 p.m.
6. OPJ~L COMMUNICATIONS (None)
CONSENT CALENDAR (Items 7-9)
MSUC (McCandliss/Moore) to approve the Consent Calendar (Mayor Cox was
absent).
7. RESOLUTION 11778 EXTENDING THE TIME FOR ADJUSTING WAGES AND BENEFITS
FOR PART-TIME HOURLY, UNCLASSIFIED, MIDDLE MANAGERS,
EXECUTIVE MANAGEMENT, CITY CLERK, CITY ATTORNEY, CITY
MANAGER AND CONTRACTUAL EMPLOYEES TO OCTOBER 23, 1984
(City Manager)
On October 2, 1984, the City Council adopted Resolution No. 11777 which
extended the time to adjust wages and fringe benefits for all employees to
October 9, 1984. However, in order to allow Council sufficient time to review
all the relevant data relating to the proposed increases, it is now
recommended that the time be extended to October 23, 1984 with final pay and
benefit adjustments to be retroactive to July 6, 1984.
City Manager Goss asked for a continuation to October 30, instead of October
23. The resolution was amended to make this change.
City Council Meeting - 4 - October 9, 1984
8. RESOLUTION 11779 PROVIDING FOR THE SPECIAL APPROPRIATION OF FUNDS FOR
ADDITIONAL COST OF PLACING PROPOSITIONS ON THE
NOVEMBER 6, 1984 BALLOT (City Clerk)
Five (5) propositions have been placed on the November 6 General Election. In
accordance with the new County policy, payment for the election costs must be
made prior to the election date. The total cost for placing the five
~ropositions on the ballot is now estimated at $11,180. With the sum of
lO,O00 budgeted in Account 0170-5202, the additional amount of $1,180 is
being requested.
9. ORDINANCE 2087 AMENDING SECTION 6.04.010 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO THE KEEPING OF HORSES
SECOND READING AND ADOPTION (City Attorney)
The amendment will allow two horses to be kept on a single tract of land
having a minimum of 20,000 square feet. An additional horse may be kept for
each 20,000 square feet over the minimum lot area of 20,000 square feet. The
ordinance was placed on first reading at the meeting of October 2, 1984.
End of Consent Calendar
RESOLUTIONS AND ORDINANCES, FIRST READING
lO. RESOLUTION 11780 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND FINANCIAL SCENE, INC. FOR HIDDEN VISTA VILLAGE
SUBDIVISION IMPROVEMENTS BY ACCEPTING SUBSITITUTE
BONDS FOR FAITHFUL PERFORMANCE AND MATERIAL AND LABOR
AND RELEASING FAITHFUL PERFORht~NCE AND MATERIAL AND
LABOR BONDS (Director of Public Works/City Engineer)
On March 19, 1981 the City Council approved a subdivision improvement
agreement (along with a Final Subdivision Map and other items) for the Hidden
Vista Village Subdivision. As part of the subdivision improvement agreement
consideration, the developer posted faithful performance bonds in the amount
of $3,102,000 and material and labor bonds in the amount of $1,760,000 with
the City.
As a result of the progress made in constructing improvements, the value of
work guaranteed by the bonds now far exceeds the estimated cost of the work
remaining to be done. The boundaries of work phases also no longer agree with
the locations of work remaining to be done.
The resolution specifies new bond amounts and establishes new limits for the
remaining phases of work.
RESOLUTION OFFERED BY COUNCIl_MAN SCOTT, the reading of the text was waived by
unanimous consent, passed and approved with Mayor Cox absent.
City Council Meeting - 5 - October 9, 1984
ll. REPORT OF THE CITY MANAGER
a. City Manager Goss reported Chula Vista defeated the City of Coronado at
the baseball game last Sunday with a score of 15-12. Chula Vista will
now play the City of National City this coming Sunday at Kimball Park at
7 p.m. for the League Championship.
REPORTS OF CITY OFFICERS AND DEPARllIENT HEADS
12. REPORT ADVERTISING ON NEW SCOOT BUSES (Director of Public
Works/City Engineer)
SCOOT entered into a three-year advertising 1 ease agreement with TDI/Winston
Network, Inc. on June 22, 1983. This 1 ease agreement terminates on June 30,
1986. Since nine of the eleven new SCOOT buses are 30-foot coaches compared
with the current fleet of 35-foot coaches, the exterior advertising posters on
the 30-foot coaches must be reduced in size. This reduction in size will also
reduce the amount of revenue collected for these advertising posters. The
Transit Coordinator discussed with TDI/Winston Network the possibility of
terminating the lease agreement on January 1, 1985 and not placing exterior
advertising on the new buses. TDI/Winston Network is agreeable to this early
termination of the lease agreement.
MSUC {Moore/McCandliss) to accept the report and the staff recommendations.
In answer to Councilman Malcolm's question, Transit Coordinator Gustafson
explained the reason for the recommendation: (1) aesthetics and (2) based on
the amount of revenue the City is getting. Councilman Malcolm said he would
like to see the staff investigate getting reduced sizes for the ads in order
to continue obtaining additional revenue for the City. City Manager Goss
suggested the item be brought back for Council consideration six months after
the delivery of the new buses.
(Mayor Cox arrived at this time 1:45 p.m.)
MSUC (Moore/Scott) for a six month review of this report (advertising on the
new SCOOT buses) after delivery of the new buses.
Transit Coordinator Gustafson announced the delivery of the first phase of
buses will be the first of December; the rest of the buses will be delivered
by the first of the year.
13. REPORT PROFESSIONAL SERVICES AGREE}4ENT BETWEEN SCOOT AND THE
FIRM OF AYLWARD, KINTZ, STISKA, WASSENAAR AND
SHANNAHAN TO CONDUCT A "SAFE HARBOR" LEASE OF THE NEW
SCOOT BUSES (Director of Public Works/City Engineer)
The Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) defines certain
"safe harbor" leasing rules which enable an owner of property who is unable to
use depreciation and investment tax credits on property to pass such benefits
City Council Meeting - 6 - October 9, 1984
to other taxpayers who can use these credits. Safe harbor leasing
transactions currently are restricted primarily to mass commuting vehicles
such as buses and light rail vehicles. Structuring a safe harbor lease for
the ll SCOOT buses could yield an estimated gross amount of $142,000 to
$198,000 or 10% to 14% of the total purchase price of the buses. The finn of
Aylward, Kintz, Stiska, Wassenaar and Shannahan assisted MTDB on its safe
harbor transaction. Staff concurs that legal assistance under a professional
services agreement is necessary in order to attempt to conduct a safe harbor
lease for the ll SCOOT buses because Chula Vista staff does not have the
expertise nor the time to carry out the process without assistance.
MSUC {Moore/Scott} to accept the report.
In answer to Councilwoman McCandliss' query, Transit Coordinator Gustarson
explained the first step will be to try to find a corporation that is
interested in these tax benefits. Staff will first try local Chula Vista
companies. The second step will be before the first of the year to take out a
loan at 5% of the purchase price of the buses.
Council discussion followed regarding the transfer of tax credits to private
corporations; the City will still maintain control and title of the buses;
MTDB has done this twice with no disadvantage. Councilman Malcolm
complimented Mr. Gustafson on the excellent report.
14. REPORT ROOF TREATMENT FOR TOWN CENTRE MANOR (Director of
Planning/Community Development Director)
Councilman Scott asked that this item be continued till the next regular
meeting.
The Council recently accepted a status report concerning the construction
progress of the Town Centre Manor building as well as a report on the various
roof alternatives which might be used on the existing structure. Town Centre
Manor was designed as a high-density, low-income senior project.
Unfortunately, many design constraints were placed on the project by the
Federal Government. The Rocron Tile roof system warranty offered is in the
form of a notarized 1 etter from the manufacturer, due to the lack of a written
warranty; it guarantees the integrity of the roof system for 20 years and the
colorfastness of the material for only 5 years, the period of the longest
testing to date.
The Design Review Committee and staff recommend the roof remain as
constructed, however, if the Council desired to install an additional roof
material, the Committee was in favor of the fibergl as imitation clay tile
called "Rocron".
MSUC {Cox/Malcolm) to continue this item for to the meeting scheduled for
Mortdavy, October 15, 1984.
15. MAYOR'S REPORT
a. The Mayor commented on the Coronado/Chula Vista baseball game held last
City Council Meeting - 7 - October 9, 1984
b. Mayor Cox reported that the County Board of Supervisors took action today
on the three phases of resolving the lawsuit of the Otay Valley
Redevelopmerit Area: (1) they transferred Provence Park, Optimist and two
other parcels to Chula Vista; (2) they concurred with the agreement
regarding existence of the Sanitary Fill and (3) stipulated judgment in
dismissing the lawsuit against the Redevelopment Agency (Otay Valley Road
Redevelopmerit Area).
c. Mayor Cox announced the Otay Valley Road Redevelopment Committee (OVRRPAC)
met this morning. Their second meeting will be held on October 22 at 9
a.m.
16. COUNCIL COMMENTS
a. Councilman Moore asked for an update on three projects concerning road
widening. (1) Telegraph Canyon Road; (2) Otay Lakes Road north and south
sections;and (3) The Otay Lakes Road east and west sections. He asked
for information on who is going to do the improvements; who will pay for
it; why are they paying; when; and the City's involvement.
MSUC (Moore/Scott) for staff to provide Council with an update on those
projects.
Councilman Malcolm asked that the Naval Housing project road-widening
improvement be included in the motion. Councilman Moore agreed to include it
in the motion, Councilman Scott agreed to the second.
b. Councilman Moore referred to the agreement with the Robinhood Point
Homeowners' and the City regarding the dedication of these streets. One
item was the replacement or repair to the cul-de-sac tree planters which
was not in the original agreement but covered in Council discussions.
Councilman Moore stated he wanted to be sure that this is included in the
final agreement.
MSUC (Moore/Scott) to include this condition in the agreement.
No.11781
c. MSUC (Scott/McCandliss) to approve a resolution declaring today, October
9 as San Diego Padre Day in Chula Vista.
d. Councilman Scott stated he observed there is still asphalt on the
Telegraph Canyon Road section; since it has been there for approximately
one year, he would like to have a status report on it. City Manager Goss
stated it is under an involved time schedule.
e. Councilman Scott commented he was "fascinated" that during his absence
of two weeks, the City found $1.9 million dollars that they didn't need.
ADJOURNMENT at 2:05 p.m. to the meeting scheduled for Monday, October 15, 1984
at7p.m.
~z City C1 erk
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 chosen, qualified and acting City Clerk of the City Council of the
City of Chula Vista;
That the SPECIAL meeting of the Council of the City of Chula Vista was
held October 9, 1984 at 1:30 p.m. and said meeting was
adjourned to the time and place specified in the order of adjournment ATTACHED
HERETO:
That on October lq, 1984 at the hour of 9:30 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 October 9 , 1984 was held.
SPECIAL
MINUTES OF AN ADJOURNED~MEETING
OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFOP~IA
Held October 9, 1984
The City Council met in the Council Chamber at the City Hall,
276 Fourth Avenue on the above date at ]:30 p.m. with the
following:
Councilmen present: Malcolm, McCandliss, Scott, Moore, Mayor Cox
None
Councilmen absent:
, , , , , , , , ,
ADJOURNMENT
The Mayor adjourned the meeting until MONDAY, OCTOBER 15, ]984
at 7:00 p.m. in the Council Chambers/~fYe~)~XR~, 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 OCTOBER 9, 1984
./'JENNIE M. FULASZ, ~MC Ci~erk
City of Chula Vista, ~alifornia
The City of Chula Vista
Office of the Cily Clerk 691- 5o41
NOTICE OF COUNCIL MEETING CANCELLATION
NOTICE IS HEREBY GIVEN THAT THE MEETING SCHEDULED
FOR 7:00 P.M. TtlIS EVENING IS HEREBY CANCELLED
DUE TO A LACK OF QUORUM. TIlE CITY COUNCIL HELD
A SPECIAL MEETING AT 1:30 P,M. TODAY CONSIDERING
ALL ITEMS ON THE AGENDA WITIt THE EXCEPTION OF THE
PUBLIC HEARINGS.
TIlE NEXT CITY COUNCIL MEETING WILL BE HELD ON
MONDAY, OCTOBER 15r 1984 AT 7:00 P.M. IN THE
COUNCIL CHZUMBER, PUBLIC SERVICES BUILDING,
276 FOIJRTH AVENUEt CHULA VISTA.
Dated: October 9, 1984
7:00 p.m.
,,/fJehnie M. y Clerk