HomeMy WebLinkAboutcc min 1988/05/03 MINUTES OF A REGULAR COUNCIL MEETING
OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
Tuesday, May 3, 1988 Council Chamber
4:10 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Councilmembers Nader, Malcolm (who arrived
at 4:43 p.m.), Mayor Cox, Councilmembers
Moore, McCandliss
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, Deputy City Manager Asmus, City
Atttorney Harron
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES None.
2. SPECIAL ORDERS OF THE DAY
a. PROCLAIMING SUNDAY, MAY 1, 1988 AS "VOTER REGISTRATION DAY" IN
THE CITY OF CHULA VISTA
Mayor Cox requested City Clerk Fulasz to accept the Proclamation
as the City's Election Official and commented that this is a right
for which others have given their life, and urged all to exercise
that right to vote.
b. PROCLAIMING THE WEEK OF MAY 8-14, 1988 AS "MUNICIPAL CLERK'S
WEEK" Mayor Cox
Mayor Cox presented the Proclamation to City Clerk Fulasz and
expressed gratitude for the work that the City Clerk Fulasz does
for this City.
c. PROCLAIMING SATURDAY, MAY 14, 1988 AS "FIRE SERVICE
RECOGNITION DAY" IN THE CITY OF CHULA VISTA - Mayor Cox
Terry Koeper, Fire Captain for the City of Chula Vista, accepted
the Proclamation on behalf of the Department, and extended an
invitation to Councilmembers to enjoy the day which will be
celebrated in the City of E1 Cajon. Captain Koeper requested
Council to consider acting as host for the 1989 celebration.
MOTION
MSC ~ader/McCandliss) to refer to staff the request to cooperate
with Captain Koeper of the Fire Department to bring the Fire
Department event to this City. (Councilman Malcolm out)
MINUTES 2 May 3, 1988
d. PROCLAIMING WEDNESDAY, MAY 18, 1988 AS "TRANSIT APPRECIATION
DAY" IN THE CITY OF CHULA VISTA - Mayor Cox
Transit Coordinator Bill Gustafson accepted the Proclamation
stating his appreciation on behalf of all employees in the System
and, especially, the drivers who generally act as ambassadors for
the City. The American Public Transit Association, in recognition
of May 18th, presented special hats to show appreciation to all
employees to state "Hats Off to America's Bus Drivers".
Coordinator Gustafson personally handed a hat to Mr. Lance Walker
to draw attention to the service of Lance Walker who has been a
HandyTrans driver, a Chula Vista Transit driver, a dispatcher and,
currently, Operations Supervisor. Councilmembers were also
presented with a hat; Mr. Lance Walker thanked Council for
recognizing the drivers' diligence and dependability.
e. PROCLAIMING THE MONTH OF MAY AS "BETTER HEARING AND SPEECH
MONTH" IN THE CITY OF CHULA VISTA - Mayor Cox
The Proclamation was accepted on behalf of Dr. Carlos Jimenez.
f. PRESENTATION HAZARDOUS WASTE MANAGEMENT PLAN San Diego
County Representatives None
CONSENT CALENDAR /Items 3a 15)
Items Pulled: 3a, 7, 9, 10, ll, 12, 13, 14.
BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR COX, the reading
of the texts waived by unanimous consent, passed and approved.
(Councilman Malcolm out)
3. WRITTEN COMMUNICATIONS
a. REQUEST FOR CITY TO ESTABLISH LOCAL HOLIDAY COMMISSION AND IF
ALREADY MEMBER TO CONTRIBUTE 5200 MEMBERSHIP SERVICE FEE -
Lloyd Davis, Executive Director, Martin Luther King, Jr.
Federal Holiday Commission, 449 Auburn Avenue, N.E., Atlanta,
GA 30312
Pulled from the Consent Agenda.
4. RESOLUTION 13548 ACCEPTING IRREVOCABLE OFFER TO DEDICATE
REAL PROPERTY PER DOCUMENT NUMBER
85-115882 RECORDED APRIL 4, 1985 AND AS
SHOWN ON PARCEL MAP 15164 LOCATED AT THE
SOUTHWEST CORNER OF THIRD AVENUE AND
ORANGE AVENUE, DEDICATING SAID REAL
PROPERTY FOR PUBLIC USE AND OFFICIALLY
NAMING SAID PROPERTY "THIRD AVENUE" AND
ORANGE AVENUE" (Director of Public Works)
MINUTES 3 - May 3, 1988
At the time said offer was made, the subject property was situated
in the unincorporated area of the County of San Diego and has
since been annexed to the City as a part of the Montgomery
annexation. The offer, pursuant to Section 7050 of the Government
Code of the State of California, may be accepted at any time by
the Council. Public improvements were recently installed in the
subject property and have been accepted.
5. RESOLUTION 13549 ACCEPTING PUBLIC IMPROVEMENTS TRAFFIC
SIGNAL INSTALLATION AND MINOR STREET
IMPROVEMENTS AT EAST H STREET/BUENA VISTA
WAY IN THE CITY OF CHULA VISTA (Director
of Public Works)
MCR Electrical Contractors, Inc. completed the installation of the
traffic signal and other minor street improvements at the
intersection on April 18, 1988. A final inspection was made on
April 20 and all work was found to be completed in accordance with
the contract plans and specifications and to the satisfaction of
the City Engineer.
6. RESOLUTION 13550 EXTENDING CONTRACT AND AUTHORIZING
AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CHULA VISA AND JHK & ASSOCIATES (Director
of Public Works)
In November 1986, Council awarded a contract to the firm of JHK &
Associates to update the circulation element of the General Plan
which contract expired on December 31, 1987. Due to the
additional time and changing scenarios, approval of the contract
extension by Council has been delayed by a number of factors and
JHK has continued to work on the circulation element to keep on
schedule with the understanding that they were takin9 a risk by
not having a valid contract. In addition to the funds remaining
in the existing authorized budget, staff estimates that it will
require an additional $50,596 to complete the circulation element
of the General Plan.
7. RESOLUTION ADOPTING A CITY COUNCIL POSITION PAPER ON
THE PROPOSED BONITA-SUNNYSIDE ANNEXATION
(Assistant City Manager)
Pulled from the Consent Agenda.
8. RESOLUTION 13551 APPROVING FINAL MAP FOR CHULA VISTA TRACT
87-9, VISTA CORTINA, ACCEPTING ON BEHALF
OF THE PUBLIC THE PUBLIC STREETS DEDICATED
ON SAID MAP, ACCEPTING ON BEHALF OF THE
CITY OF CHULA VISTA THE EASEMENTS GRANTED
ON SAID MAP, APPROVING SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION
OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (Director of Public
Works)
MINUTES - 4 - May 3, 1988
Tract 87-9, Vista Cortina, consists of 160 single family lots, and
approval of the map constitutes acceptance of all street tree
planting and maintenance easements within the subdivision and
acceptance of Ridgewater Drive, Southshore Drive, Waterside Drive,
Shoreview Place and Bluewater Lane. The developer has provided
bonds to guarantee construction of the required improvements.
9. REPORT REGARDING MELLO-ROOS FINANCING FOR SCHOOLS
IN EASTLAKE PROJECT (Continued from
meeting of April 26, 1988) (Director of
Finance)
Pulled from the Consent Agenda.
10. REPORT STATE MOBILEHOME RESIDENCY LAW AND THE
RIGHT OF FIRST REFUSAL (Continued from
meeting of April 26, 1988) (City Attorney)
ORDINANCE ADDING CHAPTER 9.60 TO TITLE 9 OF THE
CHULA VISTA MUNICIPAL CODE RELATING TO THE
SALE OF MOBILEHOME PARKS FIRST READING
Pulled from the Consent Agenda.
11. REPORT REGARDING REQUEST FROM THE DOWNTOWN
COMMITTEE FOR THE CITY TO CONTRIBUTE 55000
FOR THE COST OF CHRISTMAS DECORATIONS FOR
THE DOWNTOWN AREA (Principal Management
Assistant)
Pulled from the Consent A9enda.
12. REPORT CONCERNING TRAILER PARK REPRESENTATION ON
THE MOBILEHOME ISSUES COMMITTEE AND THE
LENGTH OF TERM OF MEMBERSHIP ON THE
COMMITTEE ICommunity Development Director)
Pulled from the Consent Agenda.
13. REPORT ANALYSIS OF THE PALMS MOBILEHOME MEDIATION
PROCESS AND RECOMMENDATIONS FOR AMENDING
MUNICIPAL CODE SECTION 9.50 (Community
Development Director)
Pulled from the Consent Agenda.
14. REPORT REQUEST TO CONDUCT MUSICAL CONCERT
(Director of Parks & Recreation)
Pulled from the Consent Agenda.
15.REPORT REQUEST TO CONDUCT A BIKE TOUR (Director
of Parks & Recreation)
MINUTES 5 - May 3, 1988
Council granted the request of the San Diego Area Chapter of
National Multiple Sclerosis Society to conduct a bike tour through
the City on Sunday, May 22, 1988 which, on day two of the tour,
the participants will be traveling north and east through Chula
Vista, ending in downtown San Diego. Other than administrative
costs incurred in processin9 the request, there will be no fiscal
impact on the City. Conditions of approval include (1) Execution
of a Hold Harmless Agreement; and (2) Provision of adequate
traffic control on the corner of Hilltop Drive and "L" Street as
determined by the Police Department, at the sponsor expense.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
16. PUBLIC HEARING PCM-88-22M: CONSIDERATION OF ADOPTING AN
INTERIM ORDINANCE PROPOSED FOR THE
PROCESSING OF LAND USE PROPOSALS WHICH ARE
INCONSISTENT WITH PRT TWO OF THE
MONTGOMERY SPECIFIC PLAN (Continued from
meeting of April 26, 1988) (Director of
Planning)
INTERIM
ORDINANCE 2266 FOR THE PROCESSING OF LAND USE PROPOSALS
WHICH ARE INCONSISTENT WITH PART TWO OF
THE MONTGOMERY SPECIFIC PLAN - FIRST
READING AND ADOPTION
This being the time and place as advertised, the public hearing
was declared open.
Principal Planner Pass reported the Interim Ordinance is designed
to protect the 9rowth, development, design, and conservation
policies of the Montgomery Specific Plan, as well as the interest
of proponents of development projects which have been
substantially processed by the City (or in the "pipeline").
Subject to the Zoning Administrator's determination of the
prescribed findings, projects that have tentative map, conditional
use permit or Design Review committee approval could proceed. In
the case of projects for which applications have been filed but
not yet acted upon (at the time the ordinance becomes effective),
the Zoning Administrator would be empowered to render a compliance
determination with possible appeal to the Montgomery Planning
Committee, Planning Commission and City Council. This would
obviate the need for a Specific Plan Amendment for those
projects. At the present time, there are five developmental
proposals within the City's pipeline according to the Planning
Department's survey.
Lee Estep, 2257 Front Street, 92109, representing Castle Park
Enterprises whose property is in the "pipeline" questioned where
this property falls within the stated purview. Principal Planner
Pass reported that the subject property is reflected as being
substantially completed and that, in the opinion of the Director
of Planning, the status of the project is included in the second
paragraph of the Interim Ordinance.
MINUTES - 6 - May 3, 1988
There being no others to speak for or against this item, the
public hearing was closed.
MSC (McCandliss/Moore) to adopt the Interim Ordinance, the reading
of the text was waived by unanimous consent, passed and approved.
(Councilman Malcolm out)
17. PUBLIC HEARING CONSIDERATION OF COASTAL DEVELOPMENT
PERMIT #11(a) FOR MARINA GATEWAY PARCEL 1
LOT SPLIT (Community Development Director)
RESOLUTION 13552 AUTHORIZING THE ISSUANCE OF COASTAL
DEVELOPMENT PERMIT #11(a) FOR MARINA
GATEWAY PARCEL 1 LOT SPLIT
This being the time and place as advertised, the public hearing
was declared open.
Based on the application and plans submitted and subject to
conditions in the resolution, the proposed lot split is found to
be consistent with the policies of the certified Local Coastal
Program.
(At 4:40 p.m., Councilman Malcolm took his seat on the dais.)
There being no one to speak either for or against this item, the
public hearing was closed.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved. (Councilman
Malcolm abstained because he was not present for the full
discussion.)
18. PUBLIC HEARING MAJOR USE PERMIT PCC-87-39M: APPEAL OF
PLANNING COMMISSION DENIAL OF REQUEST TO
MAINTAIN AN EXISTING RV STORAGE LOT NOW
OPERATING ILLEGALLY AT 1483 BROADWAY
BROADWAY EQUITIES LTD. (Director of
Planning)
RESOLUTION DENYING MAJOR USE PERMIT PCC 87-39M
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Principal Planner Lee reported the applicant, Broadway Equities
Ltd. established an RV storage lot two years ago without obtaining
a major use permit from the County. The owners were notified that
the lot was established illegally and that a major use permit must
be obtained or the use must be abated. It is recommended that,
based upon the findings, Council deny the major use permit to
maintain an RV storage lot at 1483 Broadway and set an abatement
period for the use to cease operation and vacate the property
within 120 days.
MINUTES 7 May 3, 1988
Councilman Nader questioned whether there would be any adverse
consequences to sending this back to the Montgomery Planning Group
to hear new information presented by the applicant.
Don Rose, Senior Land Planner for San Diego Gas & Electric
(SDG&E), 101 Ash Street, 92101, commented the issue would not have
been before Council if SDG&E had been aware of the condition, and
that the land use concern was expressed during the Specific Plan
process. Most rights-of-way are easements, but this is one of the
largest fee-owned easements. SDG&E leases easement properties in
an effort to keep costs down for all customers. Mr. Rose compared
the use to the surrounding area, and requested that neither
acceptance nor denial be decided and that the present use is
continued until the a Special Study has been completed. If
allowed, SDG&E would require the lessee to dress up the current
curbs, gutters and sidewalks, complete landscaping to City
standards and install screening-fencing. Mr. Rose explained the
owner would be required to provide the improvements and
landscaping, which would amount to approximately $25,000, and this
money would be "a gamble" that approval would be received.
Bob Kolodny, 11975 E1 Camino Real, Attorney for Broadway Equities,
Ltd., explained that the applicant is a Limited Partnership who
has attempted to work with the Planning Department. The owner of
the property has expended $10,000,000 on the property and the
Licensee has also spent in excess of $250,000 subsequent to
entering into a license with SDG&E in 1980, and the Attorney
stated those expenditures would not have been made if it was known
that a permit was required. Despite staff reports, the applicant
is agreeable with all conditions, other than the issue of paving,
of a major use permit and looks forward to approval of a major use
permit.
Mayor Cox questioned and Attorney Kolodny confirmed the applicant
would agree to a cash deposit to insure the improvements.
MOTION
MSUC (Malcolm/Nader) to continue the public hearing to the meeting
of July 12, send the item back to the Montgomery Planning
Committee, the Planning Commission, and for any Design Review
comments that staff believes is necessary; and as part of the
motion, no additional improvements are to be put in at this time
until recommendations are back from the Boards and Commissions and
Committees.
19. PUBLIC HEARING PCM-88-15: CONSIDERATION OF PROPOSED
AMENDMENTS CHAPTERS 6.04, 6.08 AND 19.04
OF THE MUNICIPAL CODE RELATING TO THE
NUMBER OF DOGS AND CATS PERMITTED ON
RESIDENTIAL PROPERTIES (Director of
Planning)
MINUTES 8 May 3, 1988
ORDINANCE 2267 AMENDING CHAPTERS 6.04, 6.08 AND 19.04 OF
THE CHULA VISTA MUNICIPAL CODE RELATING TO
THE NUMBER OF DOGS AND CATS PERMITTED ON
RESIDENTIAL PROPERTIES FIRST READING
This being the time and place as advertised, the public hearing
was declared open.
In order to provide an equitable and consistent set of
regulations, the ordinance language has been revised to refer to
land use rather than the underlying zone. Several definitions
have also been revised to conform with the proposed amendments.
Stanley Waid, Bonita Highlands, addressed the regulations as it
pertains to Bonita should the annexation by Chula Vista is
approved and he was assured by staff that regulations in that area
would not change; and Paul Greene, Sr., 141 Lotus Drive, 92011,
was assured that sections of the noise ordinance addresses the
problem of barking dogs.
ORDINANCE PLACED ON FIRST READING BY COUNCILMAN NADER, the reading
of the text was waived by unanimous consent.
Councilman Malcolm stated his opposition was based on the
statement "six dogs and 12,000 feet" is broad since much of the
12,000 feet could be unusable; Councilman Moore referred to the
noise of the animals clustered in one area of a large lot; and
Councilwoman McCandliss suggested staff give the ordinance more
review.
SUBSTITUTE MOTION
M {Cox) to refer the item back to staff to look at the comments
made and to come back to Council in four weeks; and to continue
the public hearing.
Principal Planner Lee reported staff's review of other criteria in
an attempt to keep the ordinance relatively simple and workable
but will come back with a proposal exempting certain slopes.
Mayor Cox withdrew the substitute motion.
There being no others to speak for or against this item, the
public hearing was closed.
THE ORDINANCE AS OFFERED BY COUNCILMAN NADER, passed and
approved. {Councilmembers Malcolm and McCandliss voted no)
20.ORAL COMMUNICATIONS
Hugh Christensen, 376 Center Street, addressed the Downtown
General Plan and specifically the Central Plan portion. The
designation of commercial and office and high resident residential
in Town Center I was referred to and Mr. Christensen stated his
observance of evident problems on which the City should focus.
MINUTES 9 May 3, 1988
The better tenants are leaving the area and other low income
tenants are moving in. Many dollars have been spent to improve
the downtown area and Mr. Christensen suggested Council
concentrate on attracting major commercial tenants who will also
be the high income rental people wanted by the City. Mr.
Christensen was invited to attend the next General Plan Update
Meeting on May 12 at 7:00 p.m.
At 5:37 p.m., Council recessed and reconvened at 6:00 p.m., the
time certain set for item 9.
9. REPORT REGARDING MELLO-ROOS FINANCING FOR SCHOOLS
IN EASTLAKE PROJECT (Continued from
meeting of April 26, 1988) (Director of
Finance)
Councilwoman McCandliss suggested that Council's discussion now
focus on the Assessment District on which the City has an impact,
and that the people may not be aware that they can "buy out"
of the Assessment District which is now a part of State law.
Councilman Malcolm preferred to give direction relative to the
people's rights and suggested discussing the Mello-Roos. City
Manager recommended the Director of Finance' report be accepted,
pointing out the Mello-Roos were created by the School Districts
and not the City; and reported that consultants are present to
assist in any answers.
Councilmembers' questions were answered by Mello-Roos Financing
Consultants for the Schhool District, George Simpson and Carl
Kadie: A variety of changes in the Mello-Roos proceedings were
included in the title report, why it was implemented and the
notice to home owners. There is no requirement that funds be
spent within the District but must be spent for the benefit of the
District to assure a seat for every projected pupil. The
financial impact is approximately the same for the McMillin
project as for EastLake. The first McMillin project is a
commercial-industrial project; the second McMillin project
includes residential and will be taxed; full disclosure was made
to make the lenders aware of the tax each year. The State
legislature passed a law which limited developer fees to about 25%
of the schools, leaving an unfunded 75% and no longer allowed fees
in excess of that amount. The EastLake Development Company made a
contribution of land plus developer fees which were not refunded;
the McMillen Company will be paying a higher Mello-Roos tax to
provide the same amount of facilities. With respect to the
assessment district, the assessments are currently a lien against
individual properties and recorded thereon and the City could
appropriately reduce or pay down everyone's assessment with
general or other funds.
Ray Raphaele, 1934 Rue Chateau, stated his feeling that the people
of EastLake are carrying more than their burden of taxes and
agreed that the contracts were signed by some who were informed
but also by many who were uninformed. All were aware there would
be a rise in the taxes but not to the extent which happened.
MINUTES 10 - May 3, 1988
Abe Santos, Jr. 1896 Port Renwick, Chula Vista, reported the
special assessments comprises of a special fund for an elementary
and high school as well as City approved public improvements. He
focused on the public improvements segment and questioned why
EastLake residents are being assessed when EastLake is a part of
Chula Vista. There are now 1100 houses in EastLake with many more
planned and to pay their fair share is fine, but the residents
feel they are paying more than that. The main concern is that the
assessment was properly allocated across the board, and that
Council consider all statements made tonight to decide the future
for all.
George L. Hauk, 2001 Port Cardiff, concentrated on the issue of
taxation without representation stating that, in 1986, the City in
concert with the developmer entered into bonded indebtedness and
passed that indebtedness on to the new owners. Mr. Hauk is
convinced that the leadership of Council can find a better source
to finance public improvements than the residents of EastLake, as
they found the funds for Montgomery area.
Bonnie Akins, 1958 Alderbrock Place, questioned the McMillin
District residents which are reported to pay a higher Mello-Roos
and Mayor Cox responded that in the early phases of
McMillin-Bonita Long Canyon, the sewers, gutters, curbs and
sidewalks were something that was part of the financing with
partners of development and then included in the price of the
homes; with EastLake this was funded through a bond issue and put
back on the individual purchasers of the property. Generally
speaking, the Assessment District for EastLake is about 8.5% or 9%
and probably less than the interest rate on a mortgage. Ms. Akins
reported that the paper signed by the residents was entitled
"acknowledgemerit" on the paper and further reported on the present
overcrowding of the City of Chula Vista, and the benefits that the
EastLake development will bring to the City. The community of
EastLake will bring a lot of income to Chula Vista, a shopping
center is already being planned and Council was questioned if any
reports have been done to project the amount of income which will
result and if the City will consider lessening the burden on the
residents of EastLake. The business being brought to EastLake and
the amount of employment will bring traffic off the freeways.
Council was requested to consider the issues and the fact that
EastLake is being taxed as if it is a closed-gate community rather
than a part of the City and open to all, amounting to an
imposition of double taxes.
Bob de Nunzio, Postman and resident of EastLake, made a comparison
of tax bills in EastLake and tax bills in Terra Nova in like
situations which he termed to be inequitable. A similar
assessment district proposed for Mission Bay and Balboa Park areas
of San Diego was reported to result in negative comments such as
"dead on arrival" by the San Diego City Council.
Councilwoman McCandliss questioned Mr. deNunzio relative to his
statement that he was never allowed to take a copy of the proposed
tax assessment to his home to read which was explained that the
assessment would never exceed a 2% maximum.
MINUTES ll May 3, 1988
Eileen Adams, 723-59 EastLake Shore Terrace, commented on a
similar situation in her family in another area when taxes were
raised from ~500/year to $3500/year; and that after petitions and
Council meetings, they were settled at an equitable $1300/year.
Donald E. Fifer, 3668 Bonita View, 92002, and also a property
owner in EastLake, agreed with City management's problems with
City budgets. His apartment was bought with the idea of
retirement and he is looking for equity in Council's decision.
Robert J. Giangreco, 1391 La Mancha Place, 92010, spoke in
opposition in any tax districts and assessments pointin9 to the
fact that property taxes are never fair. Mr. Giangreco referred
to previous statements by residents and his belief to solve the
financial problems would be to base taxes and assessments on the
actual value of the property as is done in other states. If any
relief is given to the Assessment Districts, it will affect other
citizens in general and strongly urged Council not to take action.
Paul L. Greene, Sr. 141 Lotus Drive, questioned statements made by
EastLake residents relative to the School Districts and the
acknowled9ement statements si9ned.
Councilmembers fully discussed all issues raised by the speakers
with Councilman Malcolm stating that quality education for all
children ought to be the concern of all citizens in the entire
community and also reported on a computation of fees imposed and
his belief that the expansion might need to be stopped to get a
hold on the fees. It was suggested that Council, through its
budget process, take a look for a complete review of those fees.
Councilman Moore referred to an awareness process and when small
dwellings are built the improvements have usually been there; with
major developments, major improvements are needed and the City has
no money to pay for them. The residents of EastLake bought homes
in a "marvelous" area with amenities which are being paid for by
the assessment districts.
MOTION
MS ~Nader/Malcolm) to immediately send a letter to the Elementary
School District, by a member of staff driving to the point of
delivery, recommending that a buy out system be implemented and
that a similar letter will follow to the High School District.
Councilwoman McCandliss urged that the letter not be sent stating
it would have no meaning to the School District, would not help
the residents' cause and might be detrimental by intrusion. It
was suggested to rather explain the buy out pro9ram in the
assessment district.
VOTE ON THE MOTION
Motion carried. (Councilmembers Moore and McCandliss voted no)
MINUTES 12 - May 3, 1988
Mayor Cox advised all who reside in the State of California to
communicate with the legislators about the need for the State to
reassert the proper role in providing assistance for public
schools, possibly going back to the "three legged school" where
part of the cost is paid for by the State, part by those who are
creating the need for the schools, and part by the overall general
community (an educated community is a better community). Bond
issues will conling up relating to school bonds and it is certainly
to the benefit of EastLake and the community in general to be
in'formed.
MOTION
MS T~6ore/Cox) to direct staff to prepare data as to the interest
and fees of a typical dwelling at EastLake in those Special
Benefit Assessment Districts, 85-2 and 86-1, versus the interest
on the mortgage on a similar house, and to work with the
statistics to show the difference on an annual basis.
Councilman Moore stated the possibility this will reveal that
developers put the fees for services up front to the benefit of
those in the districts, and also reveal a break even point when
compared.
ADDITION TO THE MOTION
MS (Cox/Moore) to include direction to staff to come back with a
draft of a letter to residents within Special Benefit Assessment
Districts 85-2 and 86-1 informing them of their ability to "buy
OUt."
VOTE ON THE MOTION
Motion carried unanimously.
PULLED ITEMS
3a. REQUEST FOR CITY TO ESTABLISH LOCAL HOLIDAY COMMISSION AND IF
ALREADY MEMBER TO CONTRIBUTE $200 MEMBERSHIP SERVICE FEE
Lloyd Davis, Executive Director, Martin Luther King, Jr.
Federal Holiday Commission, 149 Auburn Avenue, N.E., Atlanta,
GA 30312
City Manager Goss reported the staff recommendation was changed to
reflect the letter be referred to the Human Relations Commission.
MOTION
~Nader/Cox) to refer the request from the Martin Luther King,
Jr., Federal Holiday Commission to the Human Relations Commission
for review.
7. RESOLUTION 13553 ADOPTING A CITY COUNCIL POSITION PAPER ON
THE PROPOSED BONITA-SUNNYSIDE ANNEXATION
(Assistant City Manager)
MINUTES 13 May 3, 1988
In his written report to Council, Assistant City Manager Asmus
reported that in November 1988, the citizens of the
Bonita-Sunnyside area will be voting on the issue of annexation to
the City of Chula Vista, and a public hearing is scheduled by the
Local Agency Formation Commission {LAFCO) to hear individuals who
wish to speak and to consider the application for the
reorganization. The City Council position paper covers a wide
range of City policy issues and an expression on how those various
policies and services would be provided to the Bonita-Sunnyside
community. All issues and policy positions are significant and,
since the uniqueness of the proposed annexation dictates the need
to consider deviation from some of the traditional practices and
policies of the City, those issues demand particular Council
attention.
Councilman Nader questioned the appointment by the Council of an
extra member to each Commission from the Bonita area and, by
attrition, reduce the number of commissioners back to the original
number, which statement he opposes, suggesting that a member of
the Planning Group be allowed to appoint an ex-officio member to
each commission to guarantee input. Mayor Cox stated the Council
is better equipped to appoint the people and referred to the
Montgomery Annexation process, whereas people solicited during the
normal posting mandated by the Maddy Act; five to seven people
applied, were interviewed and later "folded" into the process.
George Kost, 3609 Belle Bonnie Brae, Bonita, (before commenting on
the item) was assured by Councilmembers that the Mello-Roos tax
would have no effect on the residents of Bonita. Mr. Kost stated
the Position Paper needed more commitment:
Item 2, page 2 speaks to the rural character but no
significant recommendation is made;
Page 5 refers to the Public Library possibly being placed on
Bonita Road;
Page 6, item 14 indicates to the City "would not initiate"
{explained by Council as a commitment by the City).
The Bonita Meadows density, not mentioned in the paper, was
addressed and Mayor Cox reported the density has been approved for
the site as approximately 504 manufactured housing units which
density, in the Mayor's opinion, would not have been approved by
the City. Staff has reviewed the application and Bonita Meadows
has been participating in the General Plan review and staff's
recommendation is for lower density. It is possible for Bonita
Meadows to develop now having been approved by the County.
Mr. Kost stated the budget plan as set by the County for five
years includes the culvert on Central Avenue, the bridge on
Central and the widening of Bonita Road, and questioned whdt
happens to these plans if annexation goes through. Assistant City
Manager Asmus is now trying to identify with the County what would
happen to the stateO plans.
MINUTES 14 - May 3, 1988
Mr. Kost recommended ways to protect the rural character of
Bonita, such as the quadrant at 1-805/Bonita Road should De made
into a park, the three acres next to the golf course should not be
recommended for a library, not planning anything which would add
to traffic on Bonita Road, a ten year moratorium, and the use of
the words "will be" throughout the document in question.
Stanley Waid, 5617 Galloping Way, Bonita, supported George Kost's
statements and reaffirmed the need for the word, "will" be
inserted through the position paper.
MOTION
MS INader/Malcolm) to amend ~27 on page lO to state that rather
than promising to add one qualified member from Bonita
automatically as one voting member to each non-chartered City
commission, that it be replaced with the provision that the
Sweetwater Community Planning Committee will be allowed to appoint
one ex-officio member to each City board and commission and that
Council will endeavor to provide the broadest possible
representation of the community on all boards and commissions.
Motion failed ICouncilmembers Moore and McCandliss and Mayor Cox
voted no.)
MOTION
MSUC (Cox/McCandliss) to delete the reference on page 5
referencing the Library on the 3 acre site on Bonita Road.
RESOLUTION AS AMENDED OFFERED BY MAYOR COX, the reading of the
text was waived by unanimous consent, passeO and approved.
(Councilmembers Malcolm and Nader voted no)
10. REPORT STATE MOBILEHOME RESIDENCY LAW AND THE
RIGHT OF FIRST REFUSAL (Continued from
meetin9 of April 26, 1988) (City Attorney)
ORDINANCE 2268 ADDING CHAPTER 9.60 TO TITLE ~ OF THE
CHULA VISTA MUNICIPAL CODE RELATING TO THE
SALEOF MOBILEHOME PARKS - FIRST READING
On November 17, 1987, the City Attorney's office submitted a
report recommending delay in any action by the City with re9ard to
a local ordinance giving mobilehome park residents a right of
first refusal for the sale of the mobilehome park within which
they reside, due to the uncertain state of the law. This report
further discusses the legal ramifications involved in the
proposal, presents input from the Committee and Mrs. Mary Frances
Click, Chairman of the Mobilehome Issues Committee, and again
recommends against the adoption of the ordinance, but presents the
ordinance to be placed on first reading if it meets with Council
approval.
Mr. R. C. Flaugher, llO0 Industrial Boulevard, commented on the
proposed ordinance and reported on the discussion at the recent
Mobilehome Issues Committee Meeting and urged Council to place the
ordinance on first reading.
MINUTES 15 - May 3, 1988
Tom Kenny, 9779 Alto Drive, LaMesa, and owner of a small
Trailer/Mobilehome Park in Chula Vista, stated his objection to
give one of his rights away, commenting that the first right to
purchase is an intrusion on his right as the owner and the
principles involve a belief in the law of selective equity rather
than in the law of equity.
Councilman Nader stated, in light of the controversy surrounding
this ordinance, to have the record show: At both evenings where
Council has conducted hearings there were references to the taking
of a right to sell to one party as opposed to another, although
there has not been any testimony introduced appraising or
assessing the value of that right, and there is no evidence before
this Council concerning what that value might be, or what the
value of what it is was argued Council was taking, and it is
agreed that the economic value is probably zero.
Councilmembers further discussed that the ordinance does not harm
sale rights and, on the other hand, it is socially desirable to
encourage home ownership ano put these people in charge of their
own destiny, if there is a concern of "stifling" sales, something
could be inserted to allow some some type of reasonableness and
flexibility.
Mary Frances Click, llO0 Industrial Boulevard, commented on the
statements contained in the Civil Code and the proposed ordinance
and how they differ. The Civil Code requires notification when
"listed for sale", and the proposed ordinance requires
notification at any time the owner makes an offer, gets an offer,
etc., and is set up to close loopholes.
ArIENDMENT TO THE ORDINANCE
MSUC {Nader/Malcolm) to add a section, entitled "Severability" on
the last page, stating in the event that any section or
application of this ordinance is found to be unconstitutional, it
does not affect any other section or application of the ordinance.
AMENDMENT TO THE ORDINANCE
MSC {Nader/Malcolm)) to add a declaration of findings by the City
Council concerning the social desirability and need particularly
with mobilehome owners in light of their social circumstances that
in fact a large percentage of them are retired people on fixed
incomes, their economic circumstance, to promote home ownership to
give them the opportunity to control their own destiny without
sacrificing the economic value of the owner in the park, and the
social Oesirability preventing the displacement of a large number
of low income people.
Councilman Nader believes it important to give upfront a reason
for legitimate exercise of Council police powers make what a
minimal intrusion on the sale rights of a park owner, and that
being it is important to the social welfare, not only of the park
residents but of the entire community that we not have large
economic displacements of retired and low income people from their
MINUTES - 16 May 3, 1988
existing homes. The reason was stated that this particular group
needs protection as homeowners who have, for the most part, bought
with the expectation that their property and homes would continue
to be worth something as a home and that expectation could be
vitiated by sales with attendant increases to take that destiny
out of their hands.
VOTE ON THE AMENDMENT
Motion carried. (Councilman Moore voted no)
Mayor Cox stated his problem with the last paragraph on page 2 and
the first paragraph on page 3 relative to the first right of
refusal, agreement on the front end of the process and making the
first bid or counter offering.
AMENDMENT TO THE ORDINANCE
MS (Cox/Moore) to delete those references on the bottom of page 2
and the paragraph b. on page 3. (Councilmembers Nader, Malcolm
and McCandliss voted no)
MOTION
MSC ~Malcolm/Nader) that the Ordinance as amended by placed on
First Reading, the reading of the text was waived by unanimous
consent, passed and approved. (Mayor Cox voted no)
Mayor Cox explained his negative vote that if there was a desire
to circumvent the ordinance, a partner could be brought in and
later receive the park by a transfer.
MOTION
~(Cox/Nader) refer that particular issue back to the City
Attorney to review if there is a need for additional language on
that point.
ll. REPORT REGARDING REQUEST FROM THE DOWNTOWN
COMMITTEE FOR THE CITY TO CONTRIBUTE $5000
FOR THE COST OF CHRISTMAS DECORATIONS FOR
THE DOWNTOWN AREA (Principal Management
Assistant)
James D. Fergus, 1071 Jacqueline Way, 92010, Chairman of the
Downtown Committee, thanked the Council and Departments for the
support given the Committee but stated disappointment by staff's
recommendation, and encouraged Council to invest the $5,000 in the
Downtown to be used to encourage people to shop and see what Chula
Vista is really like. Councilman Malcolm questioned whether the
Agency could be asked to fund this cost, and City Attorney Harron
advised that with Council approval the funding for this request
could be interpreted as capital improvements and funded ~y the
Redevelopmerit Agency. Councilman Moore, who works with the
Downtown Committee, agreed this should be funded by the City in
its entirety.
MOTION
MSUC (Malcolm/Nader) to recommend this item to the Redevelopmerit
Agency for approval.
MINUTES - 17 May 3, 1968
12. REPORT CONCERNING TRAILER PARK REPRESENTATION ON
THE MOBILEHOME ISSUES COMMITTEE AND THE
LENGTH OF TERM OF MEMBERSHIP ON THE
COMMITTEE (Community Development Director)
R. C. Flaugher, 1100 Industrial Boulevard, reported that the
vacancy created by Mrs. Buckles' death has been filled by the
members who overlooked looking for a small park representative.
Mr. Flaugher read a letter reporting on an inspection of a
mobilehome park by an ad hoc advisory committee of the Senior
Affairs, stated the need for a sixth member and that the terms of
office be limited.
Tom Kenny, 9779 Alto Drive, LaMesa, 92041, reported his attendance
at Mobilehome Issues Committtee Meetings as an interested person
and that he had the opportunity to voice his opinion and was
listened to. The excellent quality of the personnel was noticed
and it is his opinion that, if someone wants to be involved in the
process, they should go to the meetings and make that known. The
present members served as alternates, during which time they were
learning and serving by sitting in when a member was absent.
Mary Frances Click, representing the Mobilehome Issues Committee,
stated the Committee's opposition to staff's recommendation,
stating that every effort has been made to get broader
representation. If anyone wishes to be on the Committee, they
need only to attend the meeting and make it known. A suggestion
was made to concentrate on formin9 a similar committee for RV's
and trailers since the State of California separates the vehicles.
Councilman Nader confirmed with Assistant Director of Community
Development Gustafson that when vacancies are created the members
vote for replacements if a park owner vacates, a park owner is
chosen; if a park resident vacates, a park resident is chosen.
Mary Frances Click commented that the members are always chosen
from the available alternates. An example is that Tom Kenney, a
new alternate, recently sat to filled in for an absent park
owner.
MOTION
MS ~cCandliss/Nader) (1) to send a letter to the MobilehomE
Issues Committee to create a limitation of two four year terms and
(2) to encourage them to solicit from the trailer parks people to
serve as alternates on the current committee and work their way to
membership.
Councilman Nader requested the motion be taken in two parts since
he has a problem with the limitation of terms portion and is not
in agreement with the staff recommendation which only pertains to
the terms of residents; by creating a limitation as in the motion
it would be a disadvantage. Councilman Malcolm supported the two
term limitation suggesting that the terms be staggered.
MINUTES 18 - May 3, 1988
VOTE ON THE FIRST PART OF THE MOTION
Motion (1) carried. (Councilman Nader voted no)
ADDITION TO THE SECOND PART OF THE MOTION
IMalcolm/Cox) to include in (2) to evaluate the question of the
owners of trailers havin9 their own committee since the laws are
different.
VOTE ON THE SECOND PART OF THE MOTION
Motion (2) and Addition carried unanimously.
13. REPORT ANALYSIS OF THE PALMS MOBILEHOME MEDIATION
PROCESS AND RECOMMENDATIONS FOR AMENDING
MUNICIPAL CODE SECTION 9.50 (Community
Development Director)
Assistant Director of Community Development Gustarson provided
Council with seven suggested changes to streamline the Code
Section to assure it is fully representational and staff request
approval to incorporate the changes and to return with an
ordinance at a later date. At the same time, the City Attorney
presented a bindin9 arbitration ordinance for consideration.
Tom Kenny, 9779 Alto Drive, La Mesa, CA 92041, park owner,
referred to the binding arbritration issue as rent control, an
issue on which the people had voted against and questioned Council
on where the difference lies.
Roy Muraoka, 1478 First Avenue, Palace Garden Mobile Park,
reported receipt of this item two days ago and, after
investigation, finds it was not mailed to all park owners in the
area.
Councilman Malcolm agreed that because of questionable notice,
only some parts can be adopted this evenin9, and Councilwoman
McCandliss also stated the importance of hearing from the
Mobilehome Issues Committee.
R. C. Flaugher, llO0 Industrial Boulevard, spoke against
arbitration stating it is expensive; favors rent control as has
been done in San Marcos; and suggested using the present mediation
ordinance and transform this to a rent control ordinance.
Councilman Nader commented a rent control law involves ~aving a
board which applies the law and a registration system all with a
good deal of expense, and that one of the problems is that
Courts decided with rent control that there would be due process
for the owners. A law which simply imposes a flat ceiling or cap,
without appeal or administrative hearing would probably not be
upheld by the Courts.
MOTION
~S (McCandliss/Moore) to adopt the recommendations for
strengthening and clarifying the mediation process and continue
the arbitration ordinance for one week.
MINUTES 19 - May 3, 1988
Councilman Nader questioned page 5, Amendment No. 2 which states,
"encourages the parties involved to complete negotiation and
mediation in 90 days" and recommended the word, "require" the
negotiation and mediation be completed in 90 days.
Assistant Director Gustafson explained the existing ordinance
calls for the nogotiation process to be completed in 60 days, and
encourages was used because there could be some legitimate reasons
or not so readily identifiable reasons why it could not be done in
a set time limit, so staff didn't want to get in a situation to
having to find out why something was not working.
AMENDMENT #2 TO THE MOTION
(MSUC) Malcolm/Nader) to change the word to "require" and if there
are certain circumstances to come back to City Council for a
waiver.
Councilman Nader also questioned No. 4 on the top of page 6 which
states "clarify that residents selected to serve as negotiators
will also represent residents during meaiation." Assistant
Director Gustafson confirmed the same people who are selected as
the negotiators are the spokespersons for the residents during the
mediation process; and explained the rationale to be having one
representative throughout the process in the interest of time.
MOTION
M N~der) to delete that section. (Motion died for lack of a
second)
VOTE ON THE MOTION ON THE FLOOR:
Motion carried. All voting aye.
14. REPORT REQUEST TO CONDUCT MUSICAL CONCERT
(Director of Parks & Recreation)
Councilwoman McCandliss reported her concern for the location for
this particular event, pointing out that previous successful
events by Budweiser Beer were all staged in very open park areas
and not in the middle of town as this is proposed to be, and that
it seems contrary to the efforts of the "Just Say No to Drugs"
program.
Director of Parks and Recreation Mollinedo reported the previous
lack of problems experienced by the organizer which has been
credited to the security provided to assure crow~ control and to
assure no one imbibes to excess in the restricted beer garden
area.
Jim Fergus, Downtown Committee, reported the Committee also had
concerns but now looks forward to the event confidently. Large
amounts of printed and electric advertising will give great
exposure to the downtown area in the hopes they will come back
another day to shop.
MINUTES - 20 May 3, 1988
MOTION
MSUC (Malcolm/Cox) to accept the report. (Councilwoman McCandliss
voted no)
21. REPORT OF THE CITY MANAGER
a. Scheduling Council meetings None
22.MAYOR'S REPORT
a. The Council Secretary will be requested to poll Councilmembers
for a date (targeted for Saturday, July 16 or July 30) for a
Workshop Tour with the Otay Valley Project Area Committee
Members to look at the major projects in that area.
23.COUNCIL COMMENTS
COUNCILWOMAN McCANDLISS:
a. Requested the Relocation Ordinance evaluated to see if there
are any modifications required. The ordinance requires
financial assistance to mobilehome coachowners being relocated
but does not address the trailers, some of which trailer
residents will be needing assistance.
b. Mary Frances Click and her husband, because they stayed until
2:01 a.m. to be heard at a previous Council Meeting, were
presented with "T" shirts, stating, "I Survived the April 16
Council Meeti-ng."
COUNCILMAN MALCOLM:
c. Support for Legislation which would limit foreign investment
in U.S. - no report
d. Support for legislation which would impose stiffer penalties
for individuals convicted of robbing delivery trucks.
I~OTION
~ to authorize the Legislative Committee to include that type
of legislation on the City's approved list of letters to go out
over the Mayor's signature.
COUNCILMAN NADER:
d. Council Policy pertaining to future Mello-Roos Districts The
following recommendations were submitted to generate
discussion and to staff for a report and formulation of
Council policy:
MINUTES 21 - May 3, 1988
1. An ordinance specifying the form of notice to be given to
a resident buying into an Assessment District. (The
documents provided by EastLaKe were read and though they
accurately describe the assessments, to someone who is
drowning in a sea of ink, it might well look like more
ink; and requiring a cover and in a certain form with big
letters to state: YOU ARE HEREBY PUT ON NOTICE THAT YOU
WILL BE PAYING EXTRA ASSESSMENTS IN THE AMOUNT OF $ ,
might be useful.)
2. A policy to state that, in one way or another, the
developer remains responsible for paying either the fee
or the amount of the assessments and securing that with
either a lien or bond, as appropriate.
3. To provide that, any time an assessment is set up, that a
first time buyer has to be given a choice and be told to
take either the assessment or take a ~igher price on the
home which would include a fee as a "buy-out" of the
assessment and the buyer would sign that one or the other
is elected. (Everyone would have made a conscious choice
of what he/she wanted to do.)
4. To put the school assessment in escrow to be drawn on
when it is time to pay for the assessments that are being
levied for.
5. To encourage either the City or the School District to
enter into a contract with the buyer which specifies tile
use for the funds.
6. To require that an impound account be set up to
incorporate the assessment into monthly payments and
spread them out over a period.
7. To have no assessment districts and apply the thresholds
ordinance to state "Developer, it is your responsibility
to find a way that the improvements are going to be
there" and if they do not, they do not meet this City's
thresholds ordinance.
8. The City will not do Mello-Roos Districts any longer.
Councilwoman McCandliss agreed with No. 8, but that was preempted
when the State law changed two years ago; and stated it is hoped
that Council would provide comments and input to the School
District as the District and the other Boards need to be
involved.
Janay Kruger, 1501 Torrey Pines Road, La Jolla, representing the
Baldwin Company, agreed it is a complex situation and recommended
(1) that the managed growth consultants hired by Council De
directed to find out what might be needed for the Mello-Roos
before it is precluded; and (2) that a Task Force be appointed
from a cross-section of the City to review the financing
alternatives to inform the public.
MINUTES 22 - May 3, 1988
MOTION
~Malcolm/McCandliss) to refer the above items to staff to
come back with a report.
Council discussed their desire that the report come back in time
to be considered with the Growth Management Plan or before more
Districts are established, and in writing at an earlier time for
decisions on how to involve the School Districts.
At 10:55 p.m., Council adjourned to meet as The Redevelopment
Agency and reconvened at ll:O0 p.m. to meet in Closed Session to
discuss Sierra Club v. Coastal Commission, Sierra Club v. Marsh,
Skorepa v. City of Chula Vista, Potential Litigation, and Property
Acquisition {26 acres located at the intersection of the northeast
corner of Hidden Vista Drive and Ridgeback Road. Property owner
is Sweetwater Union High School District
ADJOURNMENT AT 11:00 p.m. to the meeting of May lO, 1988 at 7 p.m.
Jennie M. Fulasz, CMC
Ep~UT~ CITY CLERK
Fortune, CMC
Y CITY CLERK
1218C