HomeMy WebLinkAboutcc min 1985/09/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, September 17, 1985 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
PRESENT: Mayor pro Tempore McCandliss;
Councilmembers Malcolm, Scott, Moore
ABSENT: Mayor Cox
STAFF PRESENT: City Manager Goss, City Attorney Harron,
Assistant City Manager Asmus
In the absence of Mayor Cox, Mayor pro Tempore McCandliss 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
McCandliss followed by a moment of silent prayer.
1. APPROVAL OF MINUTES for the meetings of September 3, 7, and
10, 1985.
MSUC (Moore/Scott) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY
a. The Oath of Office was administered by City Clerk Fulasz to
Shirley Ann Grasser, appointed to the Planning Commission,
and Oscar J. Vogel, appointed to the Civil Service Commission
b. Proclamation proclaiming the week of September 21 through
September 28, 1985 as "Coastweek" and September 21, 1985 as
"California Coastal Clean-up Day" in the City of Chula Vista.
Mayor pro Tempore McCandliss presented the proclamation to Coastal
Commissioner David Malcolm.
3. WRITTEN COMMUNICATIONS
a. RENT MEDIATION COMMISSION OF BRENTWOOD MOBILEHOME PARK
REQUEST FOR ENFORCEMENT OF SUBSECTION 9.50.110 Of CITY
ORDINANCE 1997 (R. C. Flaugher, Chairman)
Mr. Flaugher informed the City that the Rent Mediation
Committee representing management and residents of Brentwood
Mobilehome Park, 1100 Industrial Blvd., Chula Vista, have
declared an impasse. He requested the City Council to direct
the City Attorney to enforce Subsection 9.50.110 of City
Ordinance 1997.
City Council Minutes -2 September 17, 1985
Assistant Community Development Director Gustafson stated Mr.
Flaugher's request for enforcement of Section 9.50.110 of the
Ordinance is applicable only if the parties are not willing
to participate in rent mediation discussions. No
non-participation could be discovered. The Park Negotiation
Commission proposed a compromise and submitted that position
to an advisory vote of the residents of the park, which was
strongly negative. Therefore, the Commission unanimously
declared themselves unable to resolve the issue and disbanded.
Mr. Gustafson added if one party did not participate in
negotiations or mediation procedures, according to the
Ordinance, the City could hold a public hearing and the
Council could direct the City Attorney to pursue, in Court,
the unwilling party. Whatever party was unsatisfied could
petition the other side to mediate.
Mr. R. C. F[augher, representing the Rent Mediation
Commission for Brentwood Mobilehome Park, stated that the
park owners are in violation of the Civil Code in that they
have to give a 60-day legal notice of any rent increase. He
indicated that the City Attorney does not have the right to
state that the park owner does not have to obey the Civil
Code. Brentwood Mobilehome Park offered a settlement which
was turned down by a majority of the park residents. They
also returned a $3.00 increase which was added to the
tenants' water bill. Brentwood Mobilehome Park residents
will accept the 8.1% rent increase if it is legally noticed;
however, the park owners have refused this request.
City Attorney Harron explained the City's involvement is with
the Ordinance and not the Civil Code. The fact that the
parties did not accept the final terms is not in violation of
the Civil Code. The City Council can only direct the
Attorney to enforce the terms of the Ordinance and not the
Civil Code.
MSUC (Moore/McCandliss) to receive, file and acknowledge
receipt of the written communication.
Assistant Community Development Director Gustafson informed
the Council that the Mobilehomes Issues Committee is
virtually dissecting the Ordinance and will soon be making a
recommendation to the City Council on amendments to the
Ordinance upon completion of their evaluation.
PUBLIC HEARINGS & RELATED RESOLUTIONS
4. PUBLIC HEARING CONSIDERATION OF SITE PLAN FOR 77 UNIT
SAN DIEGO COUNTRY CLUB CONDOMINIUM
PROJECT LOCATED NORTH OF NAPLES STREET,
BETWEEN DIXON DRIVE AND TOBIAS DRIVE -
Calmark Development Corporation (Director
of Planning)
City Council Minutes -3 September 17, 1985
a. RESOLUTION APPROVING SITE PLAN FOR SAN DIEGO COUNTRY
CLUB CONDOMINIUM PROJECT (Director of
Planning)
This being the time and place as advertised, Mayor pro Tempore
McCandliss opened the! public hearing.
Councilman Malcolm stated he is a member of the San Diego Country
Club and will abstain from voting and discussion on this item and
left the dais at this time.
Councilman Scott noted only three members of the Council would be
voting on this item. Since a unanimous vote would be required,
perhaps it should be continued.
Mr. David Norton, 1111 Santa Monica Blvd., Los Angeles,
representing the applicant, requested this item be continued in
order to have a full Council present.
MSUC (Scott/Moore) to continue the public hearing for one week.
(Councilman Malcolm returned to the dais at this time.)
5. PUBLIC HEARING PCS-85-11 - CONSIDERATION OF TENTATIVE
SUBDIVISION MAP FOR EASTLAKE LOT 457,
CHULA VISTA TRACT 85-11 - LANE/KUHN
PACIFIC DEVELOPMENT COMPANY(Director of
Planning)
a. RESOLUTION 12162 APPROVING TENTATIVE SUBDIVISION MAP FOR
EASTLAKE LOT 457, CHULA VISTA TRACT 85-11
(Director of Planning)
This being the time and place as advertised, Mayor pro Tempore
McCandliss opened the public hearing.
The applicant has submitted a tentative subdivision map in order
to subdivide 10.9 acres into 93 single family lots within the
EastLake Planned Community.
Planning Director Krempl described the project site as a single
family lot subdivision targeted for a density of 10 dwelling units
per acre. The subject property is just under 11 acres in size, is
relatively level in area, and is located southeasterly of "H"
Street and northwesterly of the proposed beach club and lake. The
project is served by a public road system proposed with access
from the main loop road serving the EastLake Shores area. Lower
density single family is proposed for the area immediately to the
southwest of the site with higher density residential development
proposed across the loop road southeast of the subject property.
Council discussion followed regarding the density of this project
compared to the Chula Vista Woods project. Planning Director
Krempl indicated that the overall density for the total project is
2.9 units per acre compared to the Chula Vista Woods project which
City Council Minutes -4 - September 17, 1985
has a density factor of approximately 5.5 units per acre.
Further discussion ensued relative to the City being included in
the CC&RS for the project. In response to Councilman Scott's
question, City Attorney Harron explained the downside risk of the
City being included in the CC&Rs, including possibility of the
developer not getting financing for the project or getting
involved in neighborhood disputes.
Councilman Scott expressed concern with the massive density of the
EastLake Shores Development. In response, Planning Director
Krempl noted the property immediately to the east is a lake area
which will contain the recreational component. He added the
density factor for EastLake Shores is 11 units per acre, and the
density for the EastLake Hills project is 3 units per acre. At
least 3 or 4 projects are currently being processed through design
review. In addition, they are also in the process of meeting
conditions of the final map. In the next month or two, the
Council will be receiving a number of similar requests.
There being no further comments either for or against this
project, the public hearing was declared closed.
Mr. Wally Burgess, #14 Corporate Plaza, Newport Beach, informed
the Council that the opening of EastLake is anticipated for the
end of February 1986.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and adopted unanimously.
6. ORAL COMMUNICATIONS - None.
CONSENT CALENDAR (7 - 12)
Items 8 and 10 pulled.
MSUC (Malcolm/McCandliss) to approve the Consent Calendar.
7. RESOLUTION 12163 ACCEPTING PUBLIC IMPROVEMENTS, OTAY
VALLEY INDUSTRIAL PARK (Director of
Public Works/City Engineer)
Otay Valley Industrial Park, a general partnership through Sammis
Properties, was approved by City Council Resolution 11659 on June
19, 1984. A final inspection for the public improvements was made
on September 9, 1985. The City will assume responsibility for
maintenance of the completed improvements.
8. RESOLUTION APPROVING AGREEMENT WITH FULLER'S
PLUMBING SERVICE, INC. TO PERFORM A STUDY
FOR REROUTING EXISTING PRIVATE SEWER
LATERALS IN THE COUNTRY CLUB AREA IN THE
CITY OF CHULA VISTA (Director of Public
Works/City Engineer)
(Pulled from Consent Calendar.)
City Council Minutes -5 - September 17, 1985
9. RESOLUTION 12164 AUTHORIZING PURCHASE OF MOBILE RADIOS
(Director of Finance)
The fiscal year 1985-86 budget provides for the purchase of 15
two-way mobile radios for the Police Department. The radios will
be installed in patrol, investigations and auxiliary services
vehicles. General Electric Company was low bid on the Model
N3HH1Wll0TB radio at $1,462.25 each.
The total purchase price including tax is $23,249.77. Funds are
provided for in the following accounts:
Account No.. Amount Required
100-1020-5568 $ 3,099.97
100-1040-5568 10,849.89
100-1050-5568 9,299.91
$23,249.77
10. RESOLUTION REQUESTING THE SCHOOL DISTRICTS TO
POSTPONE FURTHER INCREASES IN SCHOOL FEES
(City Attorney)
(Pulled from Consent Calendar.)
11. REPORT DRAINAGE COMPLAINT AT 288 "G" STREET AND
421 DEL MAR COURT (Director of Public
Works/City Engineer)
(Deleted from Agenda.)
12. REPORT INSTALLATION OF ALLEY IMPROVEMENTS AT THE
REAR OF 739 ELM AVENUE (Director of
Public Works/City Engineer)
Mr. James B. Taber, owner of the property at 739 Elm Avenue, has
applied for a building permit to add approximately 1,289 square
feet of living space to the existing dwelling at that address. He
is also adding a garage containing 481 square feet and 960 square
feet of patio and porches. The estimated valuation of the work is
$78,851.
The recommendation is that the Council approve the deferral and
accept the lien agreement.
END OF CONSENT CALENDAR
8. RESOLUTION 12165 APPROVING AGREEMENT WITH FULLER'S
PLUMBING SERVICE, INC. TO PERFORM A STUDY
FOR REROUTING EXISTING PRIVATE SEWER
LATERALS IN THE COUNTRY CLUB AREA IN THE
CITY OF CHULA VISTA (Director of Public
Works/City Engineer)
City Council Minutes 6 September 17, 1985
Councilman Scott stated he has a possible conflict of interest
with this item, as he has done business with one of the members of
Fuller Plumbing. Therefore, he indicated he would abstain and
left the dais at this time.
City Engineer/Director of Public Works Lippitt submitted a report
stating in order for staff to properly evaluate the means of
resewering the Country Club area, it will be necessary to have
some professional plumbing input into the cost of rerouting
existing sewer house lines (laterals) to the street.
Cost for said services will come from funds authorized for
expenditure for construction of the Country Club sewer
replacement. It is estimated the maximum expense will be $45,000,
as depicted below:
Fund Availability
1. Account No.. 600-6000-SSF01, Country Club
Area Replacement of Existing Sewers $420,000
Funds Required for Consultant Study
1. Contract Amount $ 41,000
2. Contingencies (Approximately. 10%) $ 4,000
TOTAL FUNDS FOR PERFORMING CONSULTANT STUDY $ 45,000
The recommendation is that the Council approve an agreement with
Fuller's Plumbing Service, Inc. to perform a study for rerouting
existing sewer laterals in the Country Club Area in the City of
Chula Vista, California and authorize the expenditure of $45,000.
Councilman Malcolm pointed out that rerouting the existing private
sewer laterals is a service that should be performed by the City -
not as a privilege but as an obligation to the citizens. He
questioned the rationale to pay for a study which would suggest
owners should pay for the service.
Director Lippitt explained there were two issues at hand: (1) how
are the houses going to be connected to the street, and (2) who is
going to pay for it? Director Lippitt explained the issue is a
design problem. Each house is different, which will take the
efforts of a plumber or someone that knows the business to explore
each situation. Much of this work will need to be done anyway and
the City must decide if they should pay for it or if property
owners should be charged. Council discussion ensued regarding the
lateral services to be undertaken, continuous maintenance problem
of the sewer lines, the assignment to the Task Force relative to
the situation, and the scope of services to be included in the RFP.
City Council Minutes -7 - September 17, 1985
Attorney Michael Green, 43 Palomar Drive, Chula Vista,
representing the homeowners in the Country Club area, presented a
petition to the City Council signed by 63 residents in the area
which expressed concerns regarding sewer treatment. Basically,
the residents requested the sewers be installed or replaced and
the laterals be repaired at no cost to the homeowners. Mr. Green
noted this would not be a "something for nothing" situation as the
old laterals will be exchanged for new ones.
Mr. Herb Field, 22 Sierra Way, Chula Vista stated he contacted Dr.
Ramras of the County Department of Public Health regarding the
situation in the Country Club area. Specifically, Dr. Ramras
confirmed his concern relative to the health hazards associated
with the children and animals coming in contact with the effluence
produced by overflowing sewers.
Mr. Field indicated that he has also been in contact with
Assemblyman Steve Peace, Chairman of the International Water
Treatment and Reclamation Board, relative to the pathogens found
in the sewage.
Mr. Field concluded that under the circumstances, residents of the
area have been patient for many years and he requested the Council
make a decision tonight.
In answer to City Council's query, City Manager Goss stated the
cost for the laterals is approximately $270,000.
Director Lippitt remarked the RFP could indicate that the
contractor connect each house to a lateral. He pointed out the
City does not have easements on private property; therefore, any
damage to landscaping caused by the plumber would then involve the
City.
Councilman Moore stated assurances should be obtained from
homeowners that the City would not be liable in the situations
described by the City Engineer.
Mayor pro Tempore McCandliss expressed concern with accepting the
report without information of the exact amount to perform the
study. She questioned the funding availability regarding
rerouting the existing laterals. In response, Director Lippitt
stated monies are available in the sewer fund. Further, since
adequate funds are available in City reserves, other projects
would not be delayed.
MS (Malcolm/McCandliss) to send back the report with the concept
that the City of Chula Vista will be paying for the entire cost of
sewer and laterals to each of the homeowners, and with that in
mind, the report would show the direction staff wants to go (if
the City needs Fuller Plumbing, their scope of work, and revised
cost for that scope of work) in order to provide information for
the RFP and bids.
City Council Minutes -8 - September 17, 1985
Councilman Moore suggested the motion include authorization to
spend whatever money is necessary.
SUBSTITUTE MOTION
MSC (Moore/Malcolm) to approve the resolution with the guidance to
staff if an unnecessary expense is included with the fact that the
City would do full funding in concept, then that would be deleted.
RESOLUTION OFFERED BY COUNCILMAN MOORE, as amended, the reading of
the text was waived by unanimous consent, passed and adopted with
Councilman Scott abstaining.
MS (Moore/Malcolm) to prepare an RFP for installation of the
primary sewer line <]own the center of the street as one of the
recommendations and defer just the depth part of it (which is a
fill-in-the blank sort of thing).
Councilman Malcolm explained the motion is intended to prioritize
this item.
Director Lippitt remarked that plan specifications could be
prepared and once the! depth issue is resolved, the City can go out
to bid on the project.
The motion to approve the RFP carried with Councilman Scott
abstaining.
MSC (Moore/Malcolm) to prepare an agreement with property owners
as it pertains to the City's concerns regarding installing
laterals in their front yards and whatever it takes to connect up
to the new sewer line. (Councilman Scott abstained.)
MSC (Malcolm/McCandliss) to direct staff to bring back a
resolution appropriating approximately $250,000 for installation
of sewer laterals in the Country Club area. (The motion carried
with member Scott abstaining.)
MS. Ruth Chapman, 8 Sierra Way, Chula Vista, thanked the Council
for their action this evening. She also commended the Public
Works Department (Streets) for their immediate response to sewer
problems early this morning.
(Councilman Scott returned to the dais at this time.)
10. RESOLUTION 12166 REQUESTING THE SCHOOL DISTRICTS TO
POSTPONE FURTHER INCREASES IN SCHOOL FEES
(City Attorney)
At the September 12, 1985 Council Conference, the Council directed
staff to prepare a resolution requesting the school districts to
postpone a proposed increase in school fees set to take place on
October 1, 1985. A Task Force composed of members from the
schools, the development community and the City is studying the
issue of school fees. This resolution would request that the
schools await the report and recommendation of this Task Force
before implementing further increases.
City Council Minutes -9 - September 17, 1985
City Manager Goss, referring to a letter from the Sweetwater Union
High School District received this afternoon, stated the district
requests the Council to postpone any action on this item tonight
until after they discuss it at their meeting of September 26.
Councilman Moore expressed concern the Council would not be
meeting again until October 1 when the increased fees go into
effect.
Councilman Scott informed the Council he received a phone call
from School Board Member Steve Hogan this afternoon relative to
postponement of this item. Mr. Hogan could not guarantee a
decision on the school fees would not be made if the Council
agreed to postpone their action tonight.
MSUC (Malcolm/McCandliss) to amend the resolution to delete the
reference to the Chula Vista Elementary School District.
RESOLUTION OFFERED BY COUNCILMAN MOORE, as amended, the reading of
the text was waived by unanimous consent, passed and adopted
unanimously.
13. REPORT OF THE CITY MANAGER
MSUC (McCandliss/Moore) for a Closed Session for discussion on
"meet and confer."
MSUC (McCandliss/Moore) for a Closed Session regarding potential
litigation (Rafenstein vs. Chula Vista).
14. MAYOR'S REPORT
a. Mayor pro Tempore McCandliss requested the quarterly
financial reports be updated and included in Council packets.
b. Mayor pro Tempore McCandliss, referring to information
provided by the City Clerk, noted that costs for the upcoming
election have increased substantially. The total cost for
this election is now $61,312 (including the Montgomery
question).
15. COUNCIL COMMENTS
a. Councilman Moore asked if complaints have been received by
staff as to the chip seal residue downtown. Director Lippitt
informed Council complaints received were as a result of
street sweeping maintenance problems.
b. Councilman Malcolm discussed the trash situation as a result
of a weekend concert held at Southwestern College. City
Manager Goss explained that the City does not have permit
authority in connection with the use of the stadium; however,
because of the traffic patrol services provided, this could
be monitored.
City Council Minutes - 10 - September 17, 1985
Councilman Moore requested an update on rumors regarding a
proposed flea market at the College. Councilman Malcolm
stated this should also be investigated.
MSUC (Scott/Malcolm) have staff come back with an oral report
regarding any major functions and rumored flea markets within the
City.
c. Councilman Malcolm noted the traffic signal contemplated for
the intersection at Allen School Road and Bonita Road was not
included in this fiscal year's budget.
MSUC (Malcolm/Scott) to report back on the source of funding for
the project (for the signal light), what kind of delays are
involved and the priority of this particular intersection on the
list (and update the list).
d. Councilman Malcolm cited the improvements to Bonita Road and
1-805 are the City of National City's responsibility (Plaza
Bonita Shopping Center). He questioned whether the City
could advance funds to CalTrans to expedite the project or
whether the City must follow the processing procedures of
CalTrans.
MS (Malcolm/Moore) to direct staff to discuss with the City of
National City funding of half of the money ($35,000) for this
project.
Councilman Moore suggested the Mayor make a presentation to the
National City City Council in order to obtain a firm commitment
from them. Councilman Malcolm stated this direction is to be
included in the motion.
The motion to direct staff to contact National City and CalTrans
carried with Councilman Scott voting "no."
b. Councilman Malcolm discussed the proposed legislation
regarding storm water runoff as the League of California
Cities requests the City send an urgent message of opposition
to Congress. He noted cities would have to contact the EPA
for issuance of permits
MSUC (Malcolm/McCandliss) to ask Congress to support the League of
Cities position regarding permitting of municipal storm drain
issues.
The meeting recessed at 9:08 p.m. to Closed Session. The City
Clerk was excused and the City Manager reported that Closed
Session ended at 10:20 p.mo
ADJOURNMENT AT 10:20 p.m. to the eeting'
M
September 24, 1985 at 7:00 p.m. n~ni~,~.~~,~
M. Fulasz, C k
t
Adele A. Sarmien o, Deputy City Clerk