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HomeMy WebLinkAboutcc min 1985/08/20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, 7:00 p.m. August 20, 1985 ROLL CALL PRESENT: Mayor Cox, Councilmembers Malcolm, McCandliss, Scott, Moore ABSENT: None STAFF PRESENT: Acting City Manager Asmus, Assistant City Attorney Gill PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meetings of August 6 and 13, 1985 Councilwoman McCandliss made reference to the minutes of August 13, page 14, she commented her request was for a report on the surety bond or lack of it to cover the public improvements. She referenced this as a point that Councilman Scott raised and asked that the minutes reflect this. Mayor Cox noted he was absent during the Pledge of Allegiance to the Flag on August 6, and the minutes should reflect that Mayor pro-Tempore Malcolm conducted the Pledge. MSUC (Moore/Scott) to approve the minutes as corrected. 2. SPECIAL ORDERS OF THE DAY RECOGNITION OF FOREIGN STUDENTS (June Brines and Doris Cox) Certificates were presented to 15 students as part of the Lions Youth Exchange Program and three students from the Sister City of Odawara, Japan. 3. WRITTEN COMMUNICATIONS a. CONCERNS REGARDING APPEARANCE OF DOWNTOWN AREA (Francis R. Finnerty, 139-4th Ave. #7, Chula Vista 92010) (Councilwoman McCandliss absent from the dais). Mrs. Finnerty expressed her concerns regarding the dirty papers strewn over the sidewalks, the overflowing trash containers, gum on sidewalks, debris under tree grates, etc. in the downtown area. City Council Minutes - 2 - August 20, 1985 City Manager Goss recommended the letter be referred to the Downtown Committee for response. MSUC (Malcolm/Scott) to accept the staff recommendation. b. PETITION OPPOSING THE OPENING OF KEARNEY STREET FOR POSTAL VEHICULAR USE (Residents/Property Owners - Kearney Street Area) A petition containing 71 signatures was submitted protesting the opening of Kearney Street for postal vehicular use. City Manager Goss noted the Safety Commission held a meeting on this and continued it pending a subsequent meeting to be conducted by the the post office. He recommended the letter be referred to the Safety Commission for their consideration. MSUC (Malcolm/Scott) to accept the staff recommendation. (Councilwoman McCandliss returned to the dais). 4. PUBLIC HEARING REQUEST FOR A DEFERRAL OF UNDERGROUNDING REQUIREMENTS AT 150 BONITA ROAD (LA QUINTA MOTOR INN) Director of Public Works/City Engineer) This being the time and place as advertised Mayor Cox opened the public hearing. Councilman Scott stated that at prior discussions of this item, he abstained because he has a client who owns property east of 1-805 and there was a discussion on having a building moratorium. City Attorney Harron has advised him that the matter before the Council tonight undergrounding of public improvements - is far removed from being a conflict of interest. Assistant City Attorney Gill said he was of the same opinion; therefore, Councilman Scott stated he will not abstain from the public hearing. Director of Public Works/City Engineer Lippitt explained that on April 17 of this year, La Quinta Motor Inns, Inc. applied for a building permit to construct a 136-unit motel at 150 Bonita Road in the southwest quadrant of 1-805 freeway and Bonita Road. There are presently two poles supporting overhead 12 KV electric lines on the property along the easterly edge. These facilities are contained within an SDG&E easement. Approximately 420 linear feet of overhead wires exist on the site. The owner submitted a request for deferral of the undergrounding requirements. Staff submitted findings recommending the deferral request be denied; however, if the Council elects to grant the deferral, it was recommended that the owner enter into an agreement with the City waiving the right to protest the formation of an undergrounding district should one be formed in the future. City Council Minutes 3 August 20, 1985 Mr. Lippitt showed slides of the area noting the location of the poles and commenting that the "deferral" is in reality a "waiver". Mr. Frank Phillips, Engineer for the project, explained that this project was started in 1984 with three public hearings. During the times the applicant submitted precise plans, staff did not inform them they were in an Undergrounding District and did not comment on the overhead wiring. It wasn't until after the contractor came on board (April 1985) they were notified and it came as a shock to the applicant. They maintained that: 1) there will not be any visual impact to the public or facility; 2) most of the undergrounding in the area will be provided by SDG&E; however, they are being asked to pay for their portion; and 3) the facilities being undergrounded do not provide services to the La Quinta Motor Inn - they have to go to the northwest corner of Denny's Restaurant to expend service to this project. In answer to the Mayor's questions, Mr. Lippitt stated the applicants are usually notified when the District is established. This was done several times (Bonita Glen Specific Plan) since 1975; however, no direct reference was made during this particular project as to the undergrounding. There being no further comments either for or against, the public hearing was declared closed. Council discussion followed regarding the poles existing in the area and the same number of poles will remain whether or not the deferral is granted; this is not a deferral but a waiver; no one else is going to be building in this area; the property owner will not be responsible to put in undergrounding once he is granted a waiver - it will become the responsibility of the City; the Council shifted priorities to this particular area in order to "clean it up" because it is an entrance to the City; the Council has an obligation to have the undergrounding put it since it is exactly the type of improvements envisioned when the ordinance was drafted. MSUC (McCandliss/Scott) to deny the request for deferral. The motion carried with the following vote to-wit: AYES: Scott, McCandliss, Moore NOES: Malcolm, Cox ABSENT: None City Council Minutes - 4 - August 20, 1985 5. PUBLIC HEARING GPA-83-7 - AMENDMENTS TO EL RANCHO DEL REY SPECIFIC PLAN GERSTEN COMPANY (Continued from meeting of June 25, 1985) (Director of Planning) This being the time and place as advertised, Mayor Cox opened the public hearing. Director of Planning Krempl noted that the subject of this hearing is a request by the Gersten Company for certain amendments to E1 Rancho del Rey Specific Plan. The ten "out-parcels" not under Gersten ownership are included in this proposal for continuity but at Council's direction, a separate hearing regarding the out-parcels will be held soon after a final decision is rendered on the Gersten property. Also included for continuity purposes but not for amendment, is the remainder of the entire E1 Rancho Del Rey Specific Plan area. The Planning Commission recommended denial of the project by a vote of 7-0. The Commission has not considered the latest version of the plan. Staff's recommendation is that Council, based on its June 25, 1985 direction and rationale, approve the proposed E1 Rancho Del Rey Specific Plan as revised. Staff's report includes details of the (a) recommended plan, (b) alternatives and (c) traffic circulation. Director of Planning Krempl referred to his memo stating that on August 16, staff was notified of additional environmental facts - an endangered plant species was found on site; therefore, the public hearing should be continued for one week in order to have staff review this in detail and to explore it with the State, the City's legal staff and the applicant as to the appropriate evaluation procedure. MSUC (Scott/Moore) to continue this public hearing for one week. Mr. Craig Reiser, 4229 Cordele, Chula Vista, 92010 declared he has discovered other plants in the area that may be endangered species. Mayor Cox asked Mr. Reiser to get together with the Director of Planning to review this. 5a. REPORT AFFORDABLE HOUSING PLANNING, PROGRAMMING AND PRODUCTION IN EL RANCHO DEL REY The City Council, meeting in regular session, on June 25, 1985, instructed staff to study the City of Chula Vista's affordable housing program and progress within the E1 Rancho Del Rey Specific City Council Minutes - 5 - August 20, 1985 Plan Area and to report its findings. This charge requires staff to examine the City-planning value of Chula Vista's affordable housing effort in E1 Rancho Del Rey. The scope of the subject assignment encompasses social and legal, as well as physical City-planning issues. The term, "affordable housing," as utilized in this report is confined to "housing for low and moderate income households." Staff concluded that the application of the Housing Element's Affordable Housing Program to E1 Rancho Del Rey is beneficial to the subject community and Chula Vista-at-large and recommended its continued application. (Continued to the meeting of August 27, 1985) The Council recessed at this time 8:05 p.m. to the Redevelopment Agency Meeting. The meeting reconvened at 8:20 p.m. 6. ORAL COMMUNICATIONS (None) CONSENT CALENDAR (7-17) Items pulled were 7, 9, 14 and 17. Councilman Scott stated he will abstain on items 9 and 10 since he has a client in the area and was paid more than $250 brokerage commission last year. MSUC (Malcolm/McCandliss) to approve the Consent Calendar 7. RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR CIVIC CENTER PLAZA TILE AND APPROPRIATING FUNDS IN THE AMOUNT OF $5,197.62 (Director of Building and Housing) Pulled from Consent Calendar 8. RESOLUTION 12139 APPROVING THE APPLICATION FOR FUNDS UNDER THE CALIFORNIA SENIOR CITIZEN BOND ACT OF 1984 FOR NORMAN PARK SENIOR CENTER RENOVATION (Director of Parks and Recreation) The Senior Citizen Bond Act of 1984 authorizes the State to issue and sell general obligation bonds in the aggregate amount of million. Funds derived will be used by the California Department of Aging to make awards to public or private non-profit agencies to acquire, renovate, construct and purchase equipment for senior centers, or funding start-up costs of programs, or expansion of senior center programs. If the grant is approved, funds will be used to expand the scope of an approved CIP to renovate Norman Park Senior Center. City Council Minutes - 6 - August 20, 1985 San Diego County has been allocated $3,872,269 of the $50 million to be distributed under the Senior Center Bond Act. Of this amount, the First Supervisorial District will receive $635,052, based upon a formula recommended by the Area Agency on Aging. Chula Vista will be requesting $95,356 of this allocation of which $14,303 must be City matching funds, in competition with at least 77 other public and private non-profit agencies. 9. RESOLUTION APPROPRIATING FUNDS FOR CONSTRUCTION OF ADDITIONAL SIDEWALK IMPROVEMENTS IN CONJUNCTION WITH CONSTRUCTION OF STREET AND DRAINAGE IMPROVEMENTS IN LAS FLORES DRIVE AND "D" STREET BETWEEN SECOND AVENUE AND MINOT AVENUE IN THE CITY OF CHULA VISTA, CALIFORNIA (Director of Public Works/City Engineer) Pulled from Consent Calendar 10. RESOLUTION 12140 ACCEPTING, NAMING AND DEDICATING EASEMENTS FOR STREET PURPOSES ON LAS FLORES DRIVE BETWEEN SECOND AVENUE AND MINOT AVENUE (Director of Public Works/City Engineer) As part of the continuing development of the property south of "D" Street along Las Flores Drive between Second Avenue and Minot Avenue, three property owners have granted to the City easements for street purposes. These easements are necessary for the construction of street improvements and various underground utilities. The easements have been granted and are now ready for acceptance by the City Council. (Councilman Scott abstained on this vote). 11. RESOLUTION 12141 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BENTON ENGINEERING, INC. FOR SOILS INVESTIGATION WORK REQUIRED FOR CONSTRUCTION OF DRAINAGE FACILITIES BETWEEN "F" STREET AND "G" STREET NEAR WOODLAWN AVENUE (Director of Public Works/City Engineer) During the construction of drainage facilities between "F" Street and "G" Street near Woodlawn Avenue, it will be necessary to have some professional soils engineering inspection during the excavation and installation of the new drainage improvements. Benton Engineering, Inc. was engaged by the City to prepare a soils report for this project. City Council Minutes - 7 - August 20, 1985 12. RESOLUTION 12142 ACCEPTING DRAINAGE EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE CONSTRUCTION OF DRAINAGE FACILITIES BETWEEN "F" STREET AND "G" STREET NEAR WOODLAWN AVENUE (Director of Public Works/City Engineer) In order to construct the drainage facilities between "F" Street and "G" Street near Woodlawn Avenue, it was necessary to obtain seven drainage easements from various property owners. The drainage easements will facilitate the construction of a 48-inch drainage culvert and lined open channel. The easements have been granted and they are now ready for acceptance by the City Council. 13. RESOLUTION 12143 APPROVING AGREEMENT RELINQUISHING AMENDED LIEN AGREEMENT FOR CONSTRUCTION OF STORM DRAIN, APPROVING REFUND OF EXCESS DEPOSIT TO PRICE COMPANY AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT (Director of Public Works/City Engineer) On October 5, 1982, the City Council by Resolution No. 11028 approved an amended lien agreement between the City and Edmund Gann, the Price Company and H.S.P. Holding Company to secure the construction of a storm drain. The storm drain has now been installed and the Lien Agreement is no longer necessary. Also, to construct the storm drain, the Price Company deposited monies in excess of their share of the project's construction cost. The City Council, during the FY 85-86 budget hearings, approved a C.I.P. budget request to refund the Price Company the funds which they deposited in excess of their responsibility ($81,549.48). This agreement will relinquish the Amended Lien Agreement, permit staff to refund the Price Company their excess deposit and provide a record of project completion and cost participation. There are sufficient funds in Account 634-6340-BG124 to cover this refund. 14. RESOLUTION APPROVING THE CITY OF CHULA VISTA INVESTMENT POLICY AND GUIDELINES (Director Of Finance) Pulled from Consent Calendar 15. RESOLUTION 12144 REVISING CONDITION NO. 17, CHARTER POINT SUBDIVISION (Director of Public Works/City Engineer) At the Council meeting of August 13, 1985, Council adopted the Resolution of Necessity for acquiring Telegraph Canyon Road adjacent to Charter Point Subdivision. The developer has only been allowed to receive occupancy permits for 220 of the 274 units in the subdivision. He has requested release of more units since the right-of-way action has been agreed to by the Council. City Council Minutes 8 - August 20, 1985 Resolution No. 11591 revised Condition No. 17 by allowing the occupancy of up to 220 units prior to the public improvements being installed. This resolution will modify that resolution to release the remaining 54 units for occupancy subject to approval by the City Engineer. 16. ORDINANCE 2125 SETTING TAX RATE FOR THE FISCAL YEAR 1985-86 FIRST READING AND ADOPTION (Director of Finance) Proposition 13 does not affect voter approved debt service and consequently the City Council is required to set the necessary tax rate on or before September 1 each year. The 1984-85 tax rate was $.00526 per hundred dollars of full value. For 1985-86, the necessary rate is $.00455 per hundred dollars of full value. The City's total secured value for 1985-86 is $2,196,270,312o The 1985-86 tax rate will generate $99,934 in property taxes. This is the amount necessary for debt service on the Police Facility Bonds. 17. REPORT CONCERNING THE PROHIBITION OF CARDROOMS AND AMORTIZATION OF EXISTING CARDROOMS WITHIN THE CITY OF CHULA VISTA (Assistant City Attorney) Pulled from Consent Calendar End of Consent Calendar 7. RESOLUTION 12145 APPROVING CHANGE ORDER NO. 1 FOR CIVIC CENTER PLAZA TILE AND APPROPRIATING FUNDS IN THE AMOUNT OF $5,197.62 (Director of Building and Housing) On May 28, 1985, the City Council passed Resolution No. 12032 awarding a contract to Klaser Tile Company in the amount of $97,556.38 to remove and replace the tiles in the Civic Center Plaza. Change Order No. 1 is to install 1099 lineal feet of new expansion joints and 448 sq. ft. of tile around fountain area. The sum of $5,197.62 will to be appropriated from the Revenue Sharing Contingency Fund 600-6000-RS51. In answer to Councilman Moore's query, Director of Planning Grady explained the reason for replacing the expansion joints in the tile areas of the plaza and the fountain. Councilman Scott noted a 4/5's vote is needed for this resolution. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. MSUC (Scott/Moore) any items needing a 4/5's vote to be put into a separate category and not on the Consent Calendar. City Council Minutes - 9 - August 20, 1985 9. RESOLUTION 12146 APPROPRIATING FUNDS FOR CONSTRUCTION OF ADDITIONAL SIDEWALK IMPROVEMENTS IN CONJUNCTION WITH CONSTRUCTION OF STREET AND DRAINAGE IMPROVEMENTS IN LAS FLORES DRIVE AND "D" STREET BETWEEN SECOND AVENUE AND MINOT AVENUE IN THE CITY OF CHULA VISTA, CALIFORNIA (Director of Public Works/City Engineer) The City Council at their meeting on July 16, 1985, accepted bids and awarded a contract for construction of street and drainage improvements and in addition, approved Change Order No. 1 for the construction of street improvements to provide additional sidewalks. $10,000 for Change Order No. 1 came out of project contingency funds originally appropriated for this project. This resolution will replace those funds to the project. The item was continued to this meeting because a full Council was needed in order to receive a 4/5ths vote. Councilwoman McCandliss questioned the request for the additional contingency money noting that contingency funds were used for the first change order. She questioned why the staff is not coming back with a request for a special appropriation instead. Mr. Lippitt explained that at the last meeting, the request was approved; however, because there was a four-fifth's vote needed and only three Councilmembers present, this item had to come back for the appropriation. Mr. Lippitt then clarified the difference of using contingency funds as compared to a special appropriation adding that if it wasn't approved, it would undermine the project. Acting City Manager Asmus further explained that contingency monies are always put into the contract and is used for unforeseen items that may occur during the project. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved with Councilman Scott abstaining. 14. RESOLUTION APPROVING THE CITY OF CHULA VISTA INVESTMENT POLICY AND GUIDELINES (Director of Finance) Interest income has, and will continue to be, a major source of revenue to the City of Chula Vista. In FY 1983-84, the City and Agency earned $1,565,246 in interest income and FY 1984-85 earned $3,215,515 in interest income. With an investment portfolio of almost $27 million including the City and Redevelopment Agency, formal written guidelines regarding the investment of funds have been proposed. City Council Minutes - 10 - August 20, 1985 The guidelines cover: Safety, Liquidity, Yield and Investment Reports. Councilman Malcolm commented that the City has over $27 million dollars of investments. The policy has always been to deal first with local banks provided the interest is the same, then State banks, then U.S. Banks, and last go to foreign banks. He wondered if this "unwritten" policy is still in effect since he firmly believes the City should support local people first. Director of Finance Christopher confirmed there is an informal policy to divest investments in the City and he has always given preference first to the local banks. The Council asked that this be added to the policy. MS (Malcolm/Moore) to approve this policy and to add a paragraph to include the comment to deal with the local banks first. SUBSTITUTE MOTION (Cox/Malcolm) to refer this back to staff to come back with the appropriate language in the paragraph. 17. REPORT CONCERNING THE PROHIBITION OF CARDROOMS AND AMORTIZATION OF EXISTING CARDROOMS WITHIN THE CITY OF CHULA VISTA (Assistant City Attorney) In his written report, Assistant City Attorney Gill explained that on May 21, 1985, Council requested that an ordinance be developed which would eliminate cardrooms in the City. In addition, the proposed ordinance addresses the issue of resale or transfer of existing licenses as well as the issuance of new licenses pursuant to the terms of the current ordinance. A five year amortization period with a possible extension of three years is being recommended. Not recommended is that any changes be made related to the ability of an existing cardroom to transfer their license. However, no new licenses should be granted in the event a cardroom ceases operations and the current owner is unable to transfer the license. The recommendation is to schedule a public hearing for the consideration of an ordinance prohibiting cardrooms within the City. Councilwoman McCandliss questioned why there couldn't be an attrition program rather than a phase-out for the cardrooms. At the time any operator ceases to own the cardroom, that would be the time for phasing it out. City Council Minu~es - 11 - August 20, 1985 Assistant City Attorney Gill stated the ordinance does not prohibit the transfer of a license from one cardroom to another; however, if a new owner can not be found, the license could not be issued. In the absence of specific economic data to support an amortization period, it would be very difficult for the City if charged, as to why the period of time was specified. Based on cases, 5 years is more than adequate. MS (Malcolm/Scott) to accept the staff report (set the matter for public hearing). Mayor Cox spoke against the motion stating he has never been given any information that cardrooms are a problem in the City of Chula Vista. The police have indicated they have had no problems with cardrooms and it does present some form of recreation for some people. Many of the people who are operating the cardrooms have had their licenses for a number of years and it would be an unfair burden to have them cease operation at this time. 18. REPORT OF THE CITY MANAGER (None) 19. MAYOR'S REPORT (None) 20. COUNCIL COMMENTS a. Councilman Moore referred to Item 3a on the agenda - Post Office ingress and egress - recommending a stamp window be located in the back of the Post Office facility. There is adequate parking there which could alleviate the congestion in the front of the facility. He asked that staff take this into consideration in their report. b. Councilman Moore referred to the Western Cities Magazine published by the League of California Cities, August 12 issue in which there was an article on the Fair Labor Standards Act. The article alluded to the fact that the south and western regions of the United States are the only regions which have any problems with this legislation. Councilman Moore declared more lobbying should be done by the California State Legislatures on this issue. Acting City Manager Asmus stated letters have gone out to legislators and he will make copies to be distributed to the Council. c. Councilman Scott referred to the "Berlin Wall" on Third Avenue and "H" Street questioning how long it was going to remain in that condition. Acting City Manager Asmus said he would provide the Council with a report on this. MSUC (Scott/McCandliss) for staff to look into this and also for others that are just partially built what is the City's recourse? (have this as an information item). City Council Minutes - 12 - August 20, 1985 d. Councilman Scott reported he received a call from Mr. Hudson of Supervisor Bilbray's office stating that on Friday, the water will be turned on at the fountain at the County Regional Center. e. Councilman Malcolm referred to the fact that the City Manager is now negotiating with San Diego Gas and Electric for the 2% vs. the 4-1/2% franchise fee. He would like to have the Council re-enact the SDG&E Committee (he and Councilwoman McCandliss) in order to clean up these issues and bring back a report to Council. There is a need for the Council to get involved with the City Manager's office on this particular item in order to know what the options are and what is being proposed. Councilman Scott asked that he also be appointed to this Committee. MSUC (Moore/Cox) to reinstate the Committee and to reappoint Councilman Malcolm and Councilwoman McCandliss with Councilman Scott being an alternate. f. Councilman Malcolm stated he will be attending the Thursday afternoon meeting at 4 p.m. (for Boards and Commissions interviews) for just a short period of time and cannot stay for the entire meeting. g. Councilman Malcolm said it was brought to his attention that in the area between Davidson Street and Del Mar Avenue there is a bus parked in the front yard which is being used for living quarters. There is an electrical hookup going from the bus to the house. MSUC (Malcolm/Scott) to direct staff to look into the item of the bus. Director of Planning Krempl remarked he received a verbal request to investigate this and reported it to the Zoning Enforcement Officer. The report came back that the bus is not occupied - it is being made ready for a trip and the electrical hookups are just temporary while the owner prepares the interior of the bus for travelling. Staff will follow up, however, on the electrical hookup. h. Mayor Cox commented that the Town Centre Landscape Architect has done a good job on landscaping along Third Avenue from "E" to "G" Street (Town Centre). However, on Third Avenue south of "I" Street, the trees and landscaping are not being properly maintained. Some of the trees were planted five years ago and have become quite ugly. He would like to have staff look into the length of the responsibility of the Town Centre gardener or see if someone should be contracted to take care of this area. City Council Minutes 13 - August 20, 1985 MSUC (Cox/Scott) to refer this item to staff for a report back. Mayor Cox stated he would like included in his motion to have the report cover the number of tree wells in this area. Some of them were never used for trees and are now collecting debris. Councilman Scott agreed to the second and the motion carried unanimously. i. MSC (Malcolm/Cox) for a Closed Session on the 404 Permit. Councilman Scott voted "no". Assistant City Attorney Gill stated the Closed Session was cancelled. ADJOURNMENT AT 9:20 p.m. to the Council Conference scheduled on August 22, 1985 at 4 p.m. and the regular meeting on August 27, 1985 at 7 p.m.