HomeMy WebLinkAboutcc min 1985/12/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, December 17, 1985 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers Scott,
McCandliss, Malcolm (arrived late), Moore
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, City Attorney Harron
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
The Pledge of Allegiance to the Flag was led by Mayor Cox followed
by a moment of silent prayer.
1. APPROVAL OF MINUTES for the meeting of December 10, 1985.
Mayor Cox noted a correction on the minutes of December 10 on
page 12 regarding the installation of freeway call boxes.
Vehicle registration will include a ~1 surcharge instead of a
1~ fee increase as stated in the minutes.
MSUC (McCandliss/Moore) to approve the minutes as revised.
2. SPECIAL ORDERS OF THE DAY None.
3. WRITTEN COMMUNICATIONS
a. REQUEST TO RESCIND THE VACATION OF A PORTION OF TELEGRAPH
CANYON ROAD WEST OF BRANDYWINE - George Ronis, Ronis, Ronis &
Ronis, 492 Third Avenue, Suite 201, Chula Vista 92010-4687
On October 23, 1979, the City Council passed a resolution
approving vacation of a portion of Telegraph Canyon Road (646
Telegraph Canyon Road) to V&V Development Company. Attempts
to negotiate an agreement for an easement allowing ingress
and egress to the remainder of V&V Development ' s property
with United Enterprises were unsuccessful. V&V Development
feels it now holds title to a landlocked parcel of property
incapable of being developed for any purpose.
MSUC (Moore/McCandliss) to refer this letter to the Public Works
Director and the City Attorney for a report.
Minutes - 2 - December 17, 1985
b. REQUEST FOR TRAFFIC STOPS AND SIGNALS IN THE SOUTHWESTERN
COLLEGE AREA - Tiffany School Representatives, 1691 Elmhurst
Street, Chula Vista 92010
The parents and community in general in the Tiffany School
area submitted their concerns regarding traffic conditions at
Charter Point, College Estates, and west of Southwestern
College. They requested immediate action to alleviate some
of the traffic problems for the sake of the school children
crossing these areas.
MSUC (Moore/McCandliss) to refer this letter to the Safety
Commission and the City Traffic Engineer for review and discussion
with the interested parties, and that the portion of the request
regarding increased bus service be referred to the elementary
school district.
c. REQUEST FOR FINANCIAL ASSISTANCE FROM THE CITY OF CHULA VISTA
TOWARDS WELFARE COUNCIL HOLIDAY PROGRAM FOR NEEDY FAMILIES -
Anne M. Hedenkamp, Secretary/Treasurer, Chula Vista Welfare
Council, 515 Second Avenue, Chula Vista
Mrs. Anne Hedenkamp, 515 Second Avenue, representing the
Chula Vista Welfare Council, reported on the number of
financial requests which were submitted during the
Thanksgiving holiday. Since these requests depleted funds
for the Christmas holiday, she asked for financial assistance
(~500) from the City to defray the costs. Mrs. Hedenkamp
noted requests come from school nurses and are checked out.
The City Manager recommended rather than the City becoming
involved in making worthwhile contributions to this and other
activities, that City facilities be available, such as the
Civic Center or fire stations, for interested citizens to
donate to this cause.
Mayor Cox expressed concern there not be any duplication of
these requests with other charitable food distributors in the
City.
MS (Scott/McCandliss) to approve the $500 request from the
contingency reserve fund.
Ms. Elizabeth Schu, 644 Garrett Avenue, said she was a school
nurse and spoke in support of the financial assistance
request.
The motion to approve the ~500 request passed unanimously.
Minutes - 3 - December 17, 1985
PUBLIC HEARINGS AND RELATED RESOLUTIONS & ORDINANCES
4a. PUBLIC HEARING PCM-86-5; CONSIDERATION OF MODIFICATION
TO THE BONITA LONG CANYON SECTIONAL
PLANNING AREA PLAN (Director of Planning)
RESOLUTION 12284 APPROVING PCM-86-5 MODIFYING THE BONITA
LONG CANYON SECTIONAL PLANNING AREA PLAN
This being the time and place as advertised, the Mayor declared
the public hearings on items 4a and 4b open.
On November 13, 1985, the Planning Commission took the following
actions:
1. Certified that EIR-79-2A with Addendum had been prepared in
accordance with the California Environmental Quality Act of
1970, and that the information contained therein had been
reviewed prior to making a decision on the project.
2. Recommended that the City Council adopt a resolution
approving the proposed modification to the Bonita Long Canyon
SPA Plan in accordance with Planning Commission Resolution
PCM-86-5.
Principal Planner Lee submitted plats noting the proposed
modification to the Bonita Long Canyon SPA Plan involves a change
in the planning area density from 826 to 862 single family
dwellings, the deletion of an elementary school site, the creation
of two church sites, overall revisions to the grading plan and
subdivision design for the 650 acres in question, credit to the
developer of $57,500 for park site development (from PAD fund),
seven miles of equestrian trails, 280 acres of open space,
drainage channel of concern to residents, approval of plan based
on 48 conditions including street names.
b. PUBLIC HEARING PCS-86-3: CONSIDERATION OF TENTATIVE
SUBDIVISION MAP FOR BONITA LONG CANYON
UNITS 2 THROUGH 7, CHULA VISTA TRACT
86-3- BONITA LONG CANYON PARTNERSHIP
(Director of Planning)
RESOLUTION 12285 APPROVING TENTATIVE MAP FOR BONITA LONG
CANYON UNITS 2 THROUGH 7, CHULA VISTA
TRACT 86-3
The developer has filed a tentative map identified as Bonita Long
Canyon, CVT-86-3 and is proposing to subdivide approximately 569
acres.
Minutes - 4 - December 17, 1985
The Planning Commission took the following actions:
1. Certified that EIR-79-2A with Addendum had been prepared in
accordance with the California Environmental Quality Act of
1970, and that the information contained therein had been
reviewed prior to making a decision on the project.
2. Recommended that the City Council adopt a resolution
approving the tentative map for Bonita Long Canyon Units 2
through 7, Chula Vista Tract 86-3, in accordance with their
Resolution PCS-86-3.
Staff recommended the Council concur with the Planning Commission
recommendations, plus the following additional condition:
"An improved low flow channel shall be provided for Long
Canyon flows between the retention basin outlet and the
upstream end of the existing concrete low flow channel north
of the subdivision boundary with development of Unit 2 of the
project."
Director of Public Works/City Engineer Lippitt showed slides of
the drainage channel stating it is his intention to require a
low-flow channel. The channel is necessitated by the development
upstream and for siltation purposes. He noted that the Sweetwater
Authority will remove the existing bridge which will eliminate
many of the restrictions to the property. Director Lippitt
requested another condition whereby the low-flow channel would be
modified and built out by October 1986 and will not be released
until completion of the fifth phase.
In response to Councilman Moore's concern, Principal Planner Lee
explained 280 acres of the 650 acre project will be open space and
it is staff's intention to have one open space district.
Mr. Ken Baumgartner, representing McMillin Development Company,
2727 Hoover Avenue, National City 92050, discussed the studies
made requiring the proposed changes with the school site being
eliminated; since the new plan widens lots the developer is able
to obtain additional 14 acres of open space; the equestrian trail
system kept intact or enhanced by adding trails; the retention
basin is approximately 95% complete.
Finally, the developer requested that the channel not be required
with Unit 2, but it be attached to either Units 4 or 5.
Director Lippitt stated he is not proposing that the entire bottom
of the channel be concreted and is willing to wait for the fifth
Unit to make the final decision.
Minutes - 5 - December 17, 1985
Mr. R. G. Hyatt, 4480 Acacia Avenue, Bonita 92002, remarked it is
very important that a specific date be made for preliminary
adjustments and restoration. He expressed his appreciation to the
City Council and staff as to their concerns with this development.
Ms. Martha McDonald, 4425 Acacia Avenue, Bonita 92002,
representing the Long Canyon Homeowners Association, stated
residents felt comfortable with the amendment proposed by the
Director of Public Works for the Acacia Avenue channel. The City
of Chula Vista had a great impact on this channel even though it
is located in the County because of the number of approved
developments which affect this channel: College Estates, Bonita
Ridge and Bonita Haciendas; however, the McMillin Company is
receiving the brunt of financial responsibility for the channel.
There being no further public testimony, either for or against,
the public hearing was declared closed.
Councilwoman McCandliss noted there may be a duplication of street
names referenced in staff's report. Principal Planner Lee stated
he would check into this.
Councilman Malcolm arrived at this time (8:10 p.m.).
RESOLUTIONS 4a and 4b OFFERED BY MAYOR COX, the reading of the
texts was waived by unanimous consent, passed and approved.
Councilman Malcolm abstained.
5. PUBLIC HEARING CONSIDERATION OF UTILITY USER'S TAX
(Director of Finance)
RESOLUTION 12286 ESTABLISHING THE RATE FOR THE UTILITY
USER'S TAX BETWEEN JANUARY 1, 1986 AND
JUNE 30, 1986
This being the time and place as advertised, the Mayor declared
the public hearing open.
City Ordinance 1803, approved and adopted by the City Council on
June 29, 1978, requires the City Council to review the Utility
User's tax rate mid-year and also at the public hearing adopting
the annual budget.
Utility user's tax revenue for the Fiscal Year 1984-85 was
~1,567,144. The budget estimate for 1985-86 is ~1,594,000 based
on the present tax rate on telephones of 5% and consumption
factors of .0025 for electricity and .00919 for gas.
There being no testimony either for or against, the public hearing
was declared closed.
Minutes - 6 - December 17, 1985
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
6. ORAL COMMUNICATIONS
a. Mrs. Sandy Palumbo, 455 Willowcrest Way, representing the
Chula Vista Historical Society, stated they have just been
granted the old "Judge Campbell House" at 231 Third Avenue.
This structure must be moved from the Third Avenue site by
January 15, 1986. There is a possibility the house can be
temporarily moved to the vacant lot east of this site but a
permanent location must be found.
MSUC (Cox/Scott) to authorize staff to work with Mrs. Palumbo and
the Chula Vista Historical Society in trying to assist in
logistics of finding a suitable location (for the house).
The City Council expressed their desire to have the other
newspapers duplicate efforts of the Star News in publicizing
this item.
7. ASSESSMENT DISTRICT NO. 85-2
On November 12, 1985, the City Council, through the adoption of
certain Resolutions, initiated the proceedings for Assessment
District No. 85-2. The above actions and Resolutions will
continue the implementation of the Assessment District
proceedings, as authorized under the provisions of the "Municipal
Improvement Act of 1913" for the construction of the designated
water, sewer and street improvements in EastLake Phase I.
a. RESOLUTION 12287 APPROVING AMENDMENT TO AGREEMENT FOR
SERVICES FOR SPECIAL ASSESSMENT
PROCEEDINGS (Director of Public
Works/City Engineer)
This resolution approves the amendment to agreement for services
to be provided by the Project Manager, George T. Simpson.
b. RESOLUTION 12288 DECLARING INTENTION TO ORDER THE
CONSTRUCTION OF CERTAIN IMPROVEMENTS
TOGETHER WITH APPURTENANCES IN A PROPOSED
ASSESSMENT DISTRICT PURSUANT TO THE
PROVISIONS OF THE "MUNICIPAL IMPROVEMENT
ACT OF 1913"; DECLARING THE WORK TO BE OF
MORE THAN LOCAL OR ORDINARY BENEFIT;
DESCRIBING THE DISTRICT TO BE ASSESSED TO
PAY THE COSTS AND EXPENSES THEREOF; AND
PROVIDING FOR THE ISSUANCE OF BONDS
This is the jurisdictional resolution for "1913 Act" proceedings.
Minutes - 7 - December 17, 1985
c. RESOLUTION 12289 PASSING ON THE "REPORT" OF THE ENGINEER,
AND GIVING PRELIMINARY APPROVAL
Preliminary approval of engineer's "Report" is provided with this
resolution.
d. RESOLUTION 12290 REFERENCING PREVAILING WAGE SCALE AND
DIRECTING CALL FOR CONSTRUCTION BIDS
Formal action authorizing bidding on the pump station improvements.
e. RESOLUTION 12291 APPROVING CONTRACTS FOR SPECIAL
ASSESSMENT PROCEEDINGS
This resolution will approve the following:
a. Agreement between City and Rick Engineering for design
engineering services.
b. Agreement between City and the Otay Water District
relating to ownership, maintenance and control of water
improvements.
f. RESOLUTION 12292 AWARDING THE CONTRACT FOR THE
CONSTRUCTION OF CERTAIN PUBLIC WORKS OF
IMPROVEMENT IN A SPECIAL ASSESSMENT
DISTRICT
This resolution names the lowest responsible bidder.
g. RESOLUTION 12293 REQUESTING CONSENT TO FINANCE WORKS OF
IMPROVEMENT IN UNINCORPORATED TERRITORY
This resolution requests consent to do work with an unincorporated
territory of the County of San Diego.
RESOLUTIONS OFFERED BY COUNCILMAN MALCOLM, the reading of the
texts was waived by unanimous consent, passed and approved
unanimously.
8a. RESOLUTION 12294 ADOPTING THE PROPOSED BOUNDARY MAP FOR
THE EASTLAKE MAINTENANCE DISTRICT NO. 1
b. RESOLUTION 12295 APPROVING THE INITIATION OF PROCEEDINGS,
DESCRIBING THE IMPROVEMENTS AND DIRECTING
THE CITY ENGINEER TO FILE A "REPORT"
c. RESOLUTION 12296 APPROVING THE ENGINEER'S "REPORT"
d. RESOLUTION 12297 DECLARING COUNCIL'S INTENTION FOR FORMING
A DISTRICT AND SETTING A TIME AND PLACE
FOR A PUBLIC HEARING
Minutes - 8 - December 17, 1985
The EastLake Public Facilities Financing Plan requires the
formation of an open space Maintenance District prior to the
recording of the first maps for residential development. Pursuant
to the "Landscaping and Lighting Act of 1972," an annual
assessment will be levied after processing and a public hearing to
perform maintenance in the EastLake street medians, open space and
other areas as designated. No assessment is contemplated in the
first year during construction in EastLake.
RESOLUTIONS OFFERED BY COUNCILMAN MALCOLM, the reading of the
texts was waived by unanimous consent, passed and approved
unanimously.
CONSENT CALENDAR (9 - 24)
(Items 9, 12, 13, 15, 18, 19 and 23 pulled.)
MSUC (Cox/McCandliss) to approve the Consent Calendar.
(Councilman Malcolm abstained on item 24.)
9a. RESOLUTION APPROVING MAP OF CHULA VISTA TRACT 84-9,
EASTLAKE I UNIT 1, ACCEPTING ON BEHALF OF THE
PUBLIC THE PUBLIC STREETS DEDICATED ON SAID
MAP, DEDICATING OPEN SPACE LOTS SHOWN ON SAID
MAP, AND ACCEPTING ON BEHALF OF THE CITY OF
CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION AND OFFSITE, AND
APPROVING SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION AND APPROVING SUPPLEMENTAL
IMPROVEMENT AGREEMENT FOR NON MAP ACT
REQUIREMENTS PRIOR TO APPROVAL OF IMPROVEMENT
PLANS, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENTS (Director of Public Works/City
Engineer)
b. RESOLUTION APPROVING THE FINAL MAP FOR CHULA VISTA TRACT
84-9, EASTLAKE I UNIT 2, APPROVING SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND
APPROVING SUPPLEMENTAL IMPROVEMENT AGREEMENT
FOR NON MAP ACT REQUIREMENTS PRIOR TO APPROVAL
OF IMPROVEMENT PLANS, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENTS
c. RESOLUTION APPROVING THE FINAL MAP FOR CHULA VISTA TRACT
84-9, EASTLAKE I UNIT 4, ACCEPTING ON BEHALF
OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON
SAID MAP, APPROVING SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
Minutes 9 December 17, 1985
REQUIRED BY SAID SUBDIVISION, AND APPROVING
SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR NON MAP
ACT REQUIREMENTS PRIOR TO APPROVAL OF
IMPROVEMENT PLANS, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENTS
d. RESOLUTION APPROVING THE FINAL MAP FOR CHULA VISTA TRACT
84-9, EASTLAKE I UNIT 5, ACCEPTING ON BEHALF
OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON
SAID MAP, DEDICATING OPEN SPACE LOTS SHOWN ON
SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA THE EASEMENTS GRANTED ON SAID
MAP WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND APPROVING SUPPLEMENTAL
IMPROVEMENT AGREEMENT FOR NON MAP ACT
REQUIREMENTS PRIOR TO APPROVAL OF IMPROVEMENT
PLANS, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENTS
e. RESOLUTION APPROVING THE FINAL MAP FOR CHULA VISTA TRACT
84-9, EASTLAKE I UNIT 6, ACCEPTING ON BEHALF
OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON
SAID MAP, DEDICATING OPEN SPACE LOTS SHOWN ON
SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA THE EASEMENTS GRANTED ON SAID
MAP WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND APPROVING SUPPLEMENTAL
IMPROVEMENT AGREEMENT FOR NON MAP ACT
REQUIREMENTS PRIOR TO APPROVAL OF IMPROVEMENT
PLANS, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENTS
f. RESOLUTION APPROVING THE FINAL MAP FOR CHULA VISTA TRACT
84-9, EASTLAKE I UNIT 7, ACCEPTING ON BEHALF
OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON
SAID MAP, DEDICATING OPEN SPACE LOTS SHOWN ON
SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA THE EASEMENTS GRANTED ON SAID
MAP WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND APPROVING SUPPLEMENTAL
IMPROVEMENT AGREEMENT FOR NON MAP ACT
REQUIREMENTS PRIOR TO APPROVAL OF IMPROVEMENT
PLANS, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENTS
(Pulled from Consent Calendar.)
Minutes - 10 December 17, 1985
10. REPORT PROPOSED OPEN SPACE MAINTENANCE DISTRICT NO.
14, BONITA LONG CANYON ESTATES, UNIT 1
(Continued from meeting of December 3, 1985)
(Director of Public Works/City Engineer)
RESOLUTION 1229S ACCEPTING PRELIMINARY REPORT AND
DECLARING INTENTION TO FORM OPEN SPACE
MAINTENANCE DISTRICT NO. 14
The purpose of this report is to provide the necessary background
information to enable Council to initiate formation of an open
space maintenance district within Bonita Long Canyon Estates,
Units 1 through 7. Specific issues examined in this report are
the requirements for the proposed district and conformance, by the
petitioner, with the criteria contained in the Municipal Code for
establishing open space maintenance districts.
Director Lippitt recommended the City Council set January 14,
1986, at 7:00 p.m. in the Council Chamber as the date and time for
a public hearing to consider the proposed formation of Open Space
Maintenance District No. 14.
11. RESOLUTION DELETED FROM AGENDA
12. RESOLUTION ACCEPTING BIDS, APPROPRIATING FUNDS AND
AWARDING CONTRACTS FOR "RECONSTRUCTION OF THE
SWIMMING POOL DECK OF THE LOMA VERDE PARK IN
THE CITY OF CHULA VISTA, CALIFORNIA" (Director
of Public Works/City Engineer/Director of
Parks & Recreation)
(Pulled from Consent Calendar.)
14o RESOLUTION 12299 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE SAN DIEGO COUNTY
SHERIFF'S OFFICE TO PROVIDE LAW
ENFORCEMENT SERVICES (Director of Public
Safety)
Effective January 1, 1986, the Chula Vista Police Department will
assume responsibility for furnishing law enforcement services to
the newly annexed area of Montgomery. While recruitment efforts
are in progress to hire and train 18 new Peace Officers and seven
civilian employees to supplement the existing police force, the
new Officers and employees cannot be employed and trained by
January 1, 1986; therefore, a contract with the San Diego
Sheriff's Department for law enforcement services for a period of
up to six months is proposed - $237,890 is budgeted for this
purpose.
Minutes - 11 - December 17, 1985
15. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND THE SAN DIEGO COUNTY LIBRARY TO
PROVIDE LIBRARY SERVICES TO CITIZENS IN THE
NEWLY ANNEXED MONTGOMERY AREA - (Library
Director)
(Pulled from Consent Calendar.)
16. RESOLUTION 12300 AMENDING 1985-86 BUDGET AND PROVIDING FOR
THE APPROPRIATION OF FUNDS FOR SALARY AND
FRINGE BENEFIT INCREASES FOR FY 1985-86
(Director of Finance)
At the time the 1985-86 budget was adopted, negotiations with the
various bargaining units had not been completed. Therefore, the
budget must be amended to provide funds for salary and fringe
benefit increases for FY 1985-86.
An appropriation of $4,910 will be made from the Parking Meter
Funds, $9,890 from the Transit Fund, $22,480 from the General
Fund, and $1,377,740 to be appropriated from the unappropriated
general fund reserve to Non-Departmental Account NO.
100-0730-5101. The total sum appropriated to the Non-Departmental
account will subsequently be distributed by authorization and
approval of the City Manager to the appropriate
control/activity/object accounts.
17. RESOLUTION 12301 INITIATING THE "FENTON/LAKE
REORGANIZATION" INVOLVING THE ANNEXATION
OF APPROXIMATELY 77 ACRES OF UNINHABITED
CITY OF SAN DIEGO TERRITORY TO THE CITY
OF CHULA VISTA (Director of Planning)
The subject 77 acres proposal area is currently located within the
jurisdictional boundaries of the City of San Diego and is situated
between Rios Avenue and 1-805 and extends southerly from the City
limits of Chula Vista (Rancho Drive) approximately 1350 feet.
Short-term financial impact of the City-initiated reorganization
involves the payment of the LAFCO fee amounting to $1050.00 and if
the annexation is approved, the State Board of Equalization fee of
$350.00. The total fee, if approved, would be $1400.00.
18a. RESOLUTION APPROVING PACIFIC SOUTHWEST BIOLOGICAL
SERVICES, INC. AS CONSULTANTS TO PREPARE THE
BIOLOGICAL STUDY DESIGN AND AUTHORIZING THE
CONTRACT (Community Development Director)
b. RESOLUTION APPROVING LEEDSHILL-HERKENHOFF, INC. AS
CONSULTANTS TO PREPARE THE ENHANCEMENT PLANS
AND AUTHORIZING THE CONTRACT
Minutes 12 - December 17, 1985
c. RESOLUTION AUTHORIZING THE EXPENDITURE OF CITY FUNDS
PRIOR TO UTILIZATION OF COASTAL CONSERVANCY
FUNDS
(Pulled from Consent Calendar.)
19. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND RICHARD L. QUICK FOR CONSULTANT
SERVICES TO PERFORM FINGERPRINT EXAMINATION
AND CLASSIFICATION AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT (Director of Public
Safety)
(Pulled from Consent Calendar.)
20. ORDINANCE 2135 AMENDING SECTION 2.02.020 OF CHAPTER 2.02
OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO CONFLICT OF INTEREST - SECOND
READING AND ADOPTION (City Attorney)
This amendment would add the Montgomery Planning Committee to the
list of public officials and employees who must disclose under the
Political Reform Act. It would also place the City Attorney in
the same filing disclosure as that of the City Council and
Planning Commission. The Council placed this ordinance on First
Reading on December 10, 1985.
21. EMERGENCY ORDINANCE 2137 ADOPTING RELEVANT PORTIONS OF
THE COUNTY OF SAN DIEGO ZONING
ORDINANCE FOR THE RECENTLY
ANNEXED MONTGOMERY AREA BY
ADDING CHAPTER 19.70 TO THE
CHULA VISTA MUNICIPAL CODE -
FIRST READING AND ADOPTION
(Director of Planning)
On November 5, 1985, the voters within a 3.5 square mile area
generally lying east of I-5 and between Chula Vista and the City
of San Diego requested annexation to the City of Chula Vista.
This ordinance is an interim one to administer zoning controls for
the area subsequent to December 31, 1985.
22. REPORT REGARDING THE APPLICATION OF A "P" MODIFIER TO
ALL NEW DEVELOPMENTS IN THE MONTGOMERY AREA
(Director of Planning)
On November 19, 1985, the City Council requested that staff
prepare a report outlining the necessary steps and requirements
for establishing a "P" precise plan modifier on parcels in the
Montgomery area. As an alternate, the County Ordinance could be
more easily amended to add a design review provision for
multi-family, commercial and industrial projects if Council
desired.
Minutes 13 - December 17, 1985
It was recommended that Council consider a design review provision
but drop consideration of a "P" modifier overlay. Prior to City
Council consideration of any Zoning Ordinance Amendment, refer the
matter to the Montgomery Planning Committee for review and comment.
23. REPORT REGARDING POTENTIAL SALE OF CITY-OWNED
PROPERTY (Assistant City Manager)
(Pulled from Consent Calendar. )
24. REPORT ON STATUS OF TELEGRAPH CANYON ROAD AND CHARTER
POINT SUBDIVISION (Director of Public
Works/City Engineer)
Pacific Scenes has received bids to begin the road work on
Telegraph Canyon Road. However, due to anticipated development of
both EastLake and the Naval Housing properties, it was staff ' s
position that the median island which will be landscaped should be
located in its ultimate position. This is not a requirement of
the tentative map for Charter Point but could be constructed if
United Enterprises would dedicate an additional 10 ' or so of
right-of-way and if the City would advance approximately ~50,000
for additional grading in order to shift the road 10 ' to the
south. Pacific Scenes has agreed to do this and to modify the
plans (at City expense); however, they are in a position where
they can no longer hold up occupancy of the remaining 20 units of
Charter Point Subdivision.
(Councilman Malcolm abstained. )
25. REPORT REPORT ON SALE OF OPEN SPACE ALONG THE REAR OF
PROPERTIES ON SURREY DRIVE (Director of Public
Works/City Engineer)
In February 1983, Dr. Stephen Taylor, owner of the property at 315
Surrey Drive, applied for an encroachment permit to construct a
retaining wall and a storage shed within the City's Open Space Lot
No. 115 adjacent to his property. The permit was considered by
the Council on May 3, 1985. At that time, Council directed the
staff to look into the possibility of selling the property in lieu
of issuing an encroachment permit.
Since Council did not approve the original encroachment permit
request, staff believes the next best alternative is to relinquish
the City's interest in the request parcel. This would require 1)
a public hearing to modify the Open Space, 2) a quit claim deed by
City Council, and 3) a transfer of property from Robinhood Homes
to Dr. Taylor. Staff believes the $2000 offer to be reasonable to
cover our costs of $1300 for processing and $700 for value of
easement. It is recommended that the ~700 be deposited in Open
Space Maintenance District #3 to help finance that district and
$1300 be deposited lnto the General Fund to cover staff costs in
processing this request.
END OF CONSENT CALENDAR
Minutes - 14 - December 17, 1985
9a. RESOLUTION 12302 APPROVING MAP OF CHULA VISTA TRACT 84-9,
EASTLAKE I UNIT 1, ACCEPTING ON BEHALF OF
THE PUBLIC THE PUBLIC STREETS DEDICATED
ON SAID MAP, DEDICATING OPEN SPACE LOTS
SHOWN ON SAID MAP, AND ACCEPTING ON
BEHALF OF THE CITY OF CHULA VISTA THE
EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION AND OFFSITE, AND APPROVING
~ SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION AND APPROVING
SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR
NON MAP ACT REQUIREMENTS PRIOR TO
APPROVAL OF IMPROVEMENT PLANS, AND
~ AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS (Director Of Public Works/City
Engineer)
b. RESOLUTION 12303 APPROVING THE FINAL MAP FOR CHULA VISTA
~ TRACT 84-9, EASTLAKE I UNIT 2, APPROVING
~ SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION, AND APPROVING
SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR
NON MAP ACT REQUIREMENTS PRIOR TO
APPROVAL OF IMPROVEMENT PLANS, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
c. RESOLUTION 12304 APPROVING THE FINAL MAP FOR CHULA VISTA
TRACT 84-9, EASTLAKE I UNIT 4, ACCEPTING
ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS DEDICATED ON SAID MAP, APPROVING
~ SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION, AND APPROVING
SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR
NON MAP ACT REQUIREMENTS PRIOR TO
APPROVAL OF IMPROVEMENT PLANS, AND
~ AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
d. RESOLUTION 12305 APPROVING THE FINAL MAP FOR CHULA VISTA
TRACT 84-9, EASTLAKE I UNIT 5, ACCEPTING
ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS DEDICATED ON SAID MAP, DEDICATING
OPEN SPACE LOTS SHOWN ON SAID MAP, AND
ACCEPTING ON BEHALF OF THE CITY OF CHULA
VISTA THE EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION, AND APPROVING
' Minutes - 15 - December 17, 1985
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION, AND APPROVI NG
SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR
NON MAP ACT REQUIREMENTS PRIOR TO
APPROVAL OF IMPROVEMENT PLANS, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
e. RESOLUTION 12306 APPROVING THE FINAL MAP FOR CHULA VISTA
TRACT 84-9, EASTLAKE I UNIT 6, ACCEPTING
ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS DEDICATED ON SAID MAP, DEDICATING
OPEN SPACE LOTS SHOWN ON SAID MAP, AND
ACCEPTING ON BEHALF OF THE CITY OF CHULA
VISTA THE EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION, AND APPROVING
SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR
NON MAP ACT REQUIREMENTS PRIOR TO
APPROVAL OF IMPROVEMENT PLANS, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
f. RESOLUTION 12307 APPROVING THE FINAL MAP FOR CHULA VISTA
TRACT 84-9, EASTLAKE I UNIT 7, ACCEPTING
ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS DEDICATED ON SAID MAPt DEDICATING
OPEN SPACE LOTS SHOWN ON SAID MAP, AND
ACCEPTING ON BEHALF OF THE CITY OF CHULA
VISTA THE EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION, AND APPROVING
SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR
NON MAP ACT REQUIREMENTS PRIOR TO
APPROVAL OF IMPROVEMENT PLANS, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
The Final Maps for EastLake I Units it 2, 4, 5, 6 and 7 have been
reviewed by the Engineering Department and found to be in
conformity with the Tentative Map approved by the City Council on
February 19, 1985 by Resolution No. 11935.
Minutes 16 - December 17, 1985
Director Lippitt explained staff has created an Interim Facilities
Financing Agreement for these resolutions. The City will bill the
developer for any amount over ~3,000 and anything less will be
rebated to the developer.
City Attorney Harron noted the Interim Facilities Agreement is
attached to each resolution (a-f). The Council should approve the
agreement independently because eventually builders will be
assigned the responsibilities of the Subdivision Improvement
Agreement but EastLake will continue independently to be
responsible for the interim agreement. Therefore, he advised the
Council, by motion, to approve the Interim Facilities Agreement
separately as well as a part of each resolution and the City would
enter into those with EastLake individually.
Councilman Malcolm opposed this type of agreement stating it is
one-sided.
Mr, Bob $antos, representing the developer, commented that the
amendments submitted are by the staff and not the developer. He
had no problem with changing the $3,000 figure since it has
several contingencies added to it.
Councilman Malcolm suggested rewording the language in the
contract.
MS (Malcolm/Moore) to amend the (Interim Facilities Financing)
Agreement to provide if $3,000 is less than what their (EastLake)
assessment turns out to be they would pay the additional
assessment if it is more they would pay whatever that difference
is; if it is less, they would have the rebate.
The motion amending the Interim Facilities Agreement carried
unanimously.
City Attorney Harron stated that the City is not in any jeopardy
by approving maps in this way as building permits will not be
issued until all conditions have been met.
MS (Malcolm/Moore) approve the Interim Financing Agreement as
amended.
Councilman Scott stated he would be voting for approval of the
resolutions with a great deal of reluctance but on the assurances
of the City Manager and City Attorney.
The motion to approve the agreement as amended passed unanimously.
RESOLUTIONS OFFERED BY COUNCILMAN MALCOLM, the reading of the
texts was waived by unanimous consent, passed and approved
unanimously.
Minutes - 17 - December 17, 1985
12 . RESOLUTION 12308 ACCEPTING BIDS, APPROPRIATING FUNDS AND
AWARDING CONTRACTS FOR "RECONSTRUCTION OF
THE SWIMMING POOL DECK OF THE LOMA VERDE
PARK IN THE CITY OF CHULA VISTA,
CALIFORNIA" (Director of Public
Works/City Engineer/Director of Parks &
Recreation)
On November 27, 1985 the sealed bids were received for the project
which included removal of the concrete deck with coping,
protection and restoration of existing improvements, installation
of new deck hardware, concrete slab work, and base material
Funds are available from the following accounts:
a. Appropriation from the unappropriated
balance of the Special Capital Outlay
Fund and transfer to Loma Verde Pool
Deck Renovation Account ~24,634.80
b. Loma Verde Pool Deck Renovation Account
58,965.20
TOTAL FUNDS AVAILABLE $83,600.00
Funds required for construction include:
a. Contract Amount ~68,744.00
b. Construction Contingencies (approximately 10%)
6,856.00
c. Engineering and Inspection 8,000.00
TOTAL FUNDS FOR CONSTRUCTION OF PROJECT $83,600.00
It was recommended the Council:
1. Appropriate an additional ~24,634.80 from the unappropriated
balance of the Special Capital Outlay Fund.
2. Authorize expenditure of $83,600.
3. Accept bids and award contract to Fritz A. Nachant, Inc., San
Diego, in the amount of ~68,744.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
Minutes - 18 December 17, 1985
13. RESOLUTION 12309 APPROVING AN AGREEMENT WITH MAAC PROJECT
FOR THE MAINTENANCE OF LAUDERBACH PARK
(Director of Parks & Recreation)
The County's agreement with the MAAC project to provide the ground
maintenance services for the Lauderbach Community Center will
terminate on December 31, 1985. As a result of the Montgomery
Area annexation, the City will renew the agreement through the
fiscal 1985-86 year.
The agreement provides a contract amount of $7,500 to be paid on
an equal monthly basis. An additional ~2,000 will need to be
appropriated from the General Fund.
CoUncilwoman McCandliss noted many times money is appropriated for
certain projects and the entire funds are not expended. Rather
than appropriating additional funds, she suggested Council make a
transfer from the Montgomery Celebration Fund to Parks and
Recreation for this purpose.
MS (McCandliss/Moore) to not appropriate additional money but have
money transferred from an existing account.
Councilman Scott stated this would be dangerous from an accounting
standpoint. Mayor Cox concurred noting this item is not directly
related to the Montgomery celebration. The City Council needs to
be aware of appropriations and any savings on every item coming
before them. The Mayor also noted that this type of approval
would require only a 3/5's vote as opposed to a 4/5's vote for an
appropriation.
Councilman Moore stated the savings could be noted in the fiscal
impact for these types of issues.
Councilman Moore withdrew his second to the motion.
The motion died for lack of a second.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
15. RESOLUTION 12310 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE SAN DIEGO COUNTY
LIBRARY TO PROVIDE LIBRARY SERVICES TO
CITIZENS IN THE NEWLY ANNEXED MONTGOMERY
AREA - (Library Director)
Library Director Lane reported the San Diego County Library
currently maintains two branch libraries, the Castle Park Branch
and Woodlawn Branch, in the newly annexed Montgomery area. This
Minutes - 19 December 17, 1985
contract will enable the City to provide library service to the
annexed area at their present service level with the San Diego
County Library District as the providing agency - $25,859 is
available in the FY 1985-86 budget for this project.
In answer to Council's query, City Manager Goss pointed out the
Master Facilities Plan will not be completed by budget time as it
is part of the General Plan Amendment which will be completed in
one year.
City Attorney Harron recommended the following changes to the
subject resolution:
1) The title of the agreement has been changed to read:
"...between the County of San
Diego," as opposed to "between
the San Diego County Library."
(2) Revise last paragraph on page 1 to read:
"...by an amount of 925,859 less
general overhead."
(3) Change #9 on page 2 to read:
".. .the amount of 925,859 less
general overhead for the above
services by February 1, 1986."
In answer to Councilman Malcolm's question, Library Director Lane
remarked the agreement for library services expires June 30,
1986. At that time, the City will engage in an extended contract
with the County of San Diego for next fiscal year.
MS (Scott/Moore) to approve the changes as noted by the City
Attorney.
Councilman Malcolm indicated it was inappropriate for a delay to
decide on locating two library branches in Montgomery when the
rest of Chula Vista is four times larger and is serviced with one
branch.
RESOLUTION OFFERED BY MAYOR COX, as amended, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
MSUC (Malcolm/Moore) direct staff to separate the study (Master
Facilities Plan) f~om the General Plan Amendment and try to bring
it back by the end of the budget session (end of June 1986).
Minutes 20 - December 17, 1985
City Manager Goss stated a consultant will be working with the
planner on the General Plan Amendment which may include
consideration of a double or single main library branch.
(Councilman Malcolm left the dais at this time.)
18a. RESOLUTION 12311 APPROVING PACIFIC SOUTHWEST BIOLOGICAL
SERVICES, INC. AS CONSULTANTS TO PREPARE
THE BIOLOGICAL STUDY DESIGN AND
AUTHORIZING THE CONTRACT (Community
Development Director)
b. RESOLUTION 12312 APPROVING LEEDSHILL-HERKENHOFF, INC. AS
CONSULTANTS TO PREPARE THE ENHANCEMENT
PLANS AND AUTHORIZING THE CONTRACT
c. RESOLUTION 12313 AUTHORIZING THE EXPENDITURE OF CITY FUNDS
PRIOR TO UTILIZATION OF COASTAL
CONSERVANCY FUNDS
On October 17, 1985, authorization was given to solicit proposals
from qualified consultants for a Biological Study Design and
Enhancement Plans for Selected Upland and Wetland Sites. Three
proposals were received for the Biological Study Design and seven
proposals were received for the Enhancement Plans. A committee
including both City and Coastal Conservancy representatives
selected Pacific Southwest Biological Services, Inc. to prepare
the Biological Study Design and Leedshill-Herkenhoff to prepare
the Enhancement Plans.
The Coastal Conservancy and the City are jointly funding the
Biological Study Design and the Enhancement Plans. Each entity
has allocated ~50,000 for consulting services. Sufficient funds
(~50,000) are available in Accounts 990-9907-5516 and
995-9950-BF36 to start these contracts.
In response to Councilman Scott's question, Community Development
Director Desrochers explained there is no problem in preparing an
agreement between the State Department of Fish and Game and the
U.S. Fish and Wildlife Service for this project.
RESOLUTIONS OFFERED BY COUNCILMAN SCOTT, the reading of the texts
was waived by unanimous consent.
Mayor Cox reported as a result of discussions with the City
Attorney and the Bayfront Consultant, Norbert Dall, additional
language should be included in resolution "b".
Minutes - 21 - December 17, 1985
MS (Cox/Scott) an amendment to resolution 18b to add a fourth
clause as follows:
"WHEREAS, this approval is further
conditioned upon the concurrence
of the Coastal Conservancy; and
BE IT FURTHER RESOLVED, that this
approval shall be conditioned upon
concurrence of this action by the
Executive Officer of the Coastal
Conservancy."
The motion to adopt resolutions "a" and "c" passed unanimously.
(Councilman Malcolm out.)
RESOLUTION (18b) OFFERED BY MAYOR COX, as amended, the reading of
the text was waived by unanimous consent, passed and approved
unanimously. (Councilman Malcolm out.)
19. RESOLUTION 12314 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND RICHARD L. QUICK FOR
CONSULTANT SERVICES TO PERFORM
FINGERPRINT EXAMINATION AND
CLASSIFICATION AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT (Director of
Public Safety)
On January 9, 1985, the Council passed Resolution No. 11897 which
established a Contractual Agreement with Richard Quick for
consultant services to perform fingerprint examination and
classification. This agreement terminates December 31, 1985.
Maximum cost in fiscal year 1985-86 will be ~9,000 and funds are
available in the current police budget.
Councilman Scott referred to an article in the Wall Street Journal
pertaining to computerized fingerprinting services.
Director of Public Safety Winters stated the computerized service
operation becomes effective on January 1, 1986 but will not be
fully implemented until the end of 1987.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
(Councilman Malcolm out.)
Minutes 22 - December 17, 1985
23. REPORT REGARDING POTENTIAL SALE OF CITY-OWNED
PROPERTY (Assistant City Manager)
Inquiries have been received from at least two parties expressing
an interest in either leasing or purchasing the vacated Industrial
Boulevard property now owned in fee by the City.
It was recommended the Council:
1. Authorize staff to proceed with securing an appraisal
(approximately ~3,500) of the subject property.
2. Authorize preparation of Requests for Proposals for the
purchase or lease of the property.
3. Authorize engaging the services of a real estate firm to
assist the City in marketing of the property.
Councilman Scott discussed the sale of this property noting that
it is a valuable piece of land and the City should attempt to keep
it for a higher development. He urged the City Council not to
approve this potential sale.
MSC (Moore/Scott) to file this item. (Councilman Malcolm out.)
26. REPORT OF THE CITY MANAGER
a. MSC (Cox/Scott) for a Closed Session for potential litigation
(at the close of the business meeting). (Councilman Malcolm
out.)
b. City Manager Goss announced as part of their "North Pole
Calling" program, the Parks & Recreation Department will
place approximately 1,500 calls this year.
27. MAYOR'S REPORT
a, Mayor Cox noted a correction to the Chula Vista "Quarterly."
The Chula Vista Parade of Lights is scheduled for Monday,
December 23, 1985 instead of December 22, as noted in the
"Quarterly."
b. Mayor Cox distributed a new brochure of Downtown Chula Vista
listing the restaurants in the area.
c. The Mayor discussed the possibility of obtaining County
Community Development Block Grant funding for security,
lighting, and landscape maintenance for a flagpole for the
Lauderbach Community Center. Staff has located an aluminum
flagpole which was used in the Olympic Games in Los Angeles
Minutes - 23 - December 17, 1985
available for approximately $300 which doesn't include
shipping. The City could use funds from the Montgomery
Celebration account for this purchase and could be reimbursed
through the County Block Grant Program.
MSC (Cox/Moore) authorize up to $2,000 according to staff's
recommendation to be used to acquire the flagpole to be used in
conjunction with the January 4 celebration. (Councilmembers Scott
and McCandliss opposed.)
28. COUNCIL COMMENTS
a. Councilman Scott commented he received a call from a reporter
from the Miami Herald requesting information on Dr. Bloom who
is proposing construction of a sports arena complex in
Sunrise City, Florida (near Fort Lauderdale).
The Council meeting recessed at 9:25 p.m. and reconvened at 9:36
p.m. to Closed Session.
ADJOURNMENT AT 9:50 p.m. to Thursday, December 26, 1985 at 4:00
p.m. and Tuesday, January 7, 1985 at 4:00 p.m.
j Jennie M. FUla~,~C~ Adele A. Sarm o
City Clerk Deputy City Clerk
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