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HomeMy WebLinkAboutcc min 1987/11/03 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, November 3, 1987 Council Chamber 4:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor Cox, Councilmembers Nader, Moore, McCandliss and Malcolm MEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, Deputy City Manager Morris, Assistant City Attorney Rudolph PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES MSUC (Moore/Malcolm) to approve, as submitted, the Minutes for the regular meeting of October 20, 22, and 27, 1987. 2. SPECIAL ORDERS OF THE DAY - None CONSENT CALENDAR (3a 14) Mayor Cox noted that item 5 requires a 4/5 vote because it is an appropriation of funds, and that item 10 requires a 4/5 vote as a Charter requirement for classification of titles. Pulled items: 3a, 3e, 8 and 14 MSUC (McCandliss/Nader) to approve the balance of the Consent Calendar, the reading of the text was waived by unanimous consent, passed and approved unanimously. 3. WRITTEN COMMUNICATIONS a. REQUEST FOR A DEFERRAL OF THE UNDERGROUNDING REQUIREMENT, PER ORDINANCE 15.32.050 Castle Park Montessori Schools, 444 Orange Avenue, Chula Vista, CA 92011. Pulled from the Consent Agenda. 3b. COMPLAINTS REFERENCING (1) NOT INCORPORATING FOUNDERS DAY CELEBRATION WITH THE FIESTA DE LA LUNA AND (2) NOT REGULATING THE PLACEMENT OF JUNK CARS. Kathryn L. Oberschulte, lll Pepper Tree Drive, Chula Vista, 92010 - MINUTES - 2 - November 3, 1987 Council authorized the Mayor to send a letter to the Downtown Association and Chula Vista Jaycees outlining ways that would produce a combined event that serves the needs of the entire city and would allow and encourage broader participation in the City's Birthday celebration. Referencing Ms. Oberschulte's second complaint, Council also authorized the Mayor to send a letter to Ms. Oberschulte, describing the steps the City has taken regarding the community appearance program and inviting Ms. Oberschulte to identify any specific complaints she may have so that staff can follow up. c. REQUEST FOR THE WAIVER OF FEES TO-PRODUCE A CONFORMING SIGN FOR THE CHULA VISTA COMMUNITY CHURCH AS PART OF A BOY SCOUT TROOP 22 PROJECT FOR EAGLE SCOUT - Michael Fuson, 364 Ronna Place. Council deferred action at this time until the City Attorney returns in approximately two weeks with a report establishing a policy for the waiver of fees. d. REQUEST FOR THE WAIVER OF LICENSE REQUIREMENTS TO HOST A CRAFT FAIR/PANCAKE BREAKFAST/SILENT AUCTION - Burton C. Tiffany Elementary School PTA, 1691 Elmburst Avenue, Chula Vista, CA 92010 Council directed the business license fee be waived. e. SUPPORT REQUESTED FOR RESOLUTION APPROVING A ONE-HALF PERCENT TRANSACTIONS AND USE TAX TO FUND THE CONSTRUCTION OF CRITICALLY NEEDED JAILS AND COURTROOMS San Diego County Bar Association, 1434 Fifth Avenue, San Diego, CA 92101 Pulled from the Consent Agenda.4. 4. RESOLUTION 13309 AUTHORIZING EXPENDITURE OF BUDGETED FUNDS FOR ADDITIONAL COMPUTER HARDWARE AND RELATED SERVICE AGREEMENTS Council authorized the purchase and maintenance of two 192MB disk drives and one MB memory for the present Eclipse S/140, which equipment is vitally needed for continued operation and expansion of the Library's automated circulation system. Sufficient funds are available in the FY 1987-88 budget in Accounts 100-1680-5568 and 100-1680-5268. 5. RESOLUTION 13310 ACCEPTING FEDERAL LIBRARY SERVICES AND CONSTRUCTION ACT GRANT FUNDS FOR THE PURPOSE OF PURCHASING CHILDREN'S BOOKS, APPROPRIATING FUNDS AND AMENDING THE FY 87-88 BUDGET MINUTES 3 - November 3, 1987 The State of California has recently approved the Chula Vista Public Library's application for grant funds in the amount of $5,000 for the purchase of children's library materials. Council authorized receipt of the funds, and directed the City Clerk to record the authorization by Resolution to the State. Acceptance of the grant will provide $5,000 to the City's General Fund which amount will be appropriated in the Library budget to purchase children's library materials. 6. RESOLUTION 13311 ACCEPTING GRANT OF EASEMENT FROM SDG&E FOR DRAINAGE PURPOSES FOR THE CONSTRUCTION OF THE TELEGRAPH CANYON CREEK FLOOD CONTROL CHANNEL PROJECT The Telegraph Canyon Creek Flood Control Channel Project was awarded by the U. S. Army Corps of Engineers on October 28, 1987 to Commercial Contractors Inc. To construct the project, a drainage easement across the SDG&E power plant was obtained, but formal City Council acceptance of this easement was not requested until the contract for the project was formerly awarded by the Corps of Engineers. Drainage easement was dedicated by SDG&E at no cost to the City. 7. RESOLUTION 13312 ACCEPTING BIDS AND AWARDING CONTRACT FOR PARK IMPROVEMENTS AT HARBORSIDE ELEMENTARY SCHOOL IN THE CITY OF CHULA VISTA, CALIFORNIA The project work to be done consists of constructing park and playfield areas which include excavation and grading, removal and disposal of existing improvements, asphalt paving, concrete curbs and walks, chain link fencing, play areas and equipment, wood trellis with concrete columns, benches, trash enclosure, landscaping and irrigation. Council accepted the bids and directed that the contract be awarded to the low bidder, Sol-Pacific Landscape Construction, Inc., in the amount of $117,191.60. 8. RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR REPLACEMENT OF WOOD FLOOR AT PARKWAY GYM IN THE CITY OF CHULA VISTA, CA Pulled from the Consent Agenda. 9. RESOLUTION 13313 SUPPORTING THE CITY OF VISTA'S REQUEST URGING THE COUNTY BOARD OF SUPERVISORS TO SELECT A SITE FOR A NORTH COUNTY SANITARY LANDFILL Council authorized approval to expedite acquisition of the site to resolve the regional problem of solid waste disposal, and directed the City Clerk to send a copy of the Resolution to all Cities in San Diego County. MINUTES - 4 November 3, 1987 lO. ORDINANCE 2236 AMENDING SECTION 2.05.010 OF THE MUNICIPAL CODE ESTABLISHING UNCLASSIFIED POSITION (SECOND READING) This Ordinance was placed on First Reading on October 20, 1987 to amend the Municipal Code section by adding Assistant Director of Finance, Assistant Director of Personnel, and Budget Officer as unclassified positions; changing the title of Deputy Director of Public Works/Engineering to Deputy Director of Public Works/City Engineer and Public Services Director to Deputy Director of Public Works/Operations. ll. ORDINANCE 2237 AMENDING SECTION 19.26.040 OF THE CITY OF CHULA VISTA MUNICIPAL CODE RELATING TO S~tALL FAMILY DAY CARE CENTERS IN SINGLE FAMILY DWELLINGS (SECOND READING) The Ordinance placed on First Reading on October 27, 1987 reflects changes in current state law regarding day care centers. 12. ORDINANCE 2238 REZONING 10.107 ACRES IN EASTLAKE SHORES (FIELDSTONE CLASSICS CHULA VISTA TRACT 87-12) FROM RP-13 TO RP 8 (SECOND READING) The Ordinance was placed on First Reading on October 27, 1987. The applicant, the Fieldstone Company proposes to develop 60 residential lots on 10.107 acres located on the south side of Lakeshore Drive. The proposal involves a tentative subdivision map, precise plan, and a change in land use district from RP-13 to RP-8. 13. ORDINANCE 2239 AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING O.lO ACRES LOCATED AT 145 WILLOW STREET FROM A-D TO C-C-D (SECOND READING) The Ordinance was placed on First Reading on October 27, 1987. The proposal is to rezone 0.10 acres from A-D (Agricultural/Design control) to C-C-D (Central commercial/design control) in order to expand the parking area for the office building at 145 Willow Street in the C-C-D zone. 14. REPORT FEASIBILITY STUDY FOR SAN DIEGO COUNTRY CLUB Pulled from the Consent Agenda END OF CONSENT CALENDAR MINUTES - 5 - November 3, 1987 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 15. PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF BROADWAY AT THE NORTHWEST CORNER OF ITS INTERSECTION WITH ANITA STREET This being the time and place as advertised, the public hearing was declared open by Mayor Cox. Director of Public Works Lippitt explained the issue with the presentation of an aerial view of the area, noting that the Streets and Highways Code states that if there is no public necessity to retain the street as a street, that finding needs to be made with direction to staff to come back with a resolution. Assistant Director of Public Works Garibay addressed the traffic concerns. Bill Hedenkamp, 1331 India Street, San Diego, representing the La Jolla Bank & Trust stated he is not necessarily opposed to the project but since he has not had enough time to look at the site, buildings, etc., suggested a continuance of four weeks. Virginia Corrente, Trust Officer with La Jolla Bank & Trust, stated that the Bank owns the property in trust, adding she has not had enough time to evaluate the site. The City Attorney answered Council's question relative to notice of public hearing and confirmed that proper and timely notification was given by the City Clerk. William Perkins, owner of the property at 1550 Broadway, appeared to state that, when this matter has been addressed in previous meetings, the Bank's representatives never came to express their feelings, and that he, as owner, has spent much money and time trying to get this resolved. Councilmembers discussed the advisability of a continuance, as well as the mitigation of a dangerous traffic situation. MSUC (Malcolm/Cox) to continue the issue for two weeks, to the meeting of November 17th. Councilwoman McCandliss suggested that staff bring back a copy of the Traffic Study for Council's review, of which a portion of the cost (approximately $950) would be the City's reasonable share. The City Attorney stated that if determination is made for vacation, the resolution could be conditioned to include all financial considerations. 16. ORAL COMMUNICATIONS None MINUTES 6 November 3, 1987 PULLED ITEMS 3a. REQUEST FOR A DEFERRAL OF THE UNDERGROUNDING REQUIREMENT, PER ORDINANCE 15.32.050 Castle Park Montessori Schools, 444 Orange Avenue, Chula Vista, CA 92011. Staff recommended approval of the following: 1. Denial of the request for the subject deferral because of the minimal cost of less than $1,000 to underground the service to the temporary buildings rather than the $15,000 alluded to by Mr. Harlan; 2. Denial of the Major Use Permit 3 year time limit for temporary buildings to run from the date of final inspection because of delays. Staff recommends that the 3 years begin from December l, 1987 as a reasonable starting point; 3. The permit fees calculated by ESGIL Corporation were figured at 1/4 the valuation for the foundation only, which is standard procedure. Since the project was red-tagged, the fees for the building permit are doubled and would be a total of $504; 4. Cost to replace the sidewalk is estimated at $300-$500. This is a standard requirement of any development. 5. If Council approves the deferral subsequent to a public hearing, security for the deferral could be waived since the Major Use Permit controls the length of a temporary site usage. An estimate to complete the landscaping/paving is $7,500, but would accept a letter of credit or set-aside letter as a viable alternate which would not be as financially burdensome on the applicant; 6. Landscaping is normally installed prior to occupancy or at least within 60 days. The City Engineer explained a correction to the report, referencing the utility line located to the east of a fence line. This line is on the applicant's property and, according to the Chula Vista Municipal Code, the utilities would have to be undergrounded. A public hearing is scheduled for the request for the waiver of undergrounding for November 24, 1987. The recommendation at the public hearing will state that the undergrounding of the line in question be deferred but that the service to the temporary building be undergrounded (cost of which was estimated to be $500 to $600 maximum). In answer to Councilman Moore's question, the present Code does not address temporary use of buildings. Arthur C. Willjams, 354 East Oneida, 92011, appealed to the Council on the part of his son and his classmates, for a "sense of fairness" in this matter to facilitate opening of the elementary classroom so that the students can continue their education. Carloso Lopez also stated his enthusiasm for the educational program at Castle Park and his family's anticipation for the settlement of this matter for the sake of the children. MINUTES 7 November 3, 1987 Mayor Cox stated that the public hearing will address the deferral of undergrounding on November 24th, and Council legally must deal with that at that time; comments that Council can deal with tonight are the landscaping and some of the building permit evaluations. Mr. Ken Harlan, 347 L Street, requested an alternative to underground from the front of the temporary trailer location to the bottom of the pole which exists currently to satisfy the immediate necessity. Deputy City Manager Morris commented that Mr. Harlan had not t.e pla. check process. City Inspector fo..d t.e was in violation and was, subsequently, red-tagged. Staff outlined what he had to do to obtain permits. Planning Assistant Schilling explained that when Mr. Harlan last went through plan check, a landscape plan was submitted - although not prepared by a licensed landscape architect and difficult to read. Subsequent to that and after the red-tagging of the building, a landscape plan was submitted by a licensed architect which, after revisions, has been approved. Timing for accomplishing the landscaping remains to be resolved. Mr. Harlan stated a hardship to complete the landscaping prior to occupancy of the building due to time constraints. Planning Director would be willing to receive a cash bond or letter of credit to guarantee the work within 60 days; but Harlan considered 6 months as reasonable. Other than that, Harlan does have an approved landscaping plan. Planning Assistant Schilling provided background of this item for Council. In January 1987, Mr. Harlan approached staff relative to putting in temporary classrooms to house an elementary Montessori School. A major use permit was applied for, but there were no concept plans for a permanent building. Three conditions on the permit include the landscape plan, the three year condition for completion, and the submission of building elevations plans. Between January and August, Mr. Harlan met With Planning regarding the need for the submittal of an architect's landscape plan. Staff received the building plans in late August, but without the landscape plans. Three weeks later, a call was received from the Fire Marshal that the classroom had been installed with electrical service being supplied by extensions; no building permits were issued as the corrections had not been acted upon. Staff visited the site, and advised Mr. Harlan he had to make alternate arrangements for the children immediately. Basically at this point, the classroom is unoccupied, building permits have not been issued and final inspection has not been accomplished. Corrections for the Engineering and the Fire Department need to be accomplished and everything remains with the applicant. Mr. Harlan said he has been in touch with two landscape contractors, and is entertaining a bid tomorrow. In a secondary approach for funds, he has applied for approval of a $10,000 loan. MINUTES - 8 November 3, 1987 Mayor Cox noted that Mr. Harlan agrees that he will take care of the landscaping within 60 days; and it appears the only question outstanding is the deferral. Council cannot take action on that until it goes through the legal proceedings. He questioned that if there is an agreement with Mr. Harlan to go ahead and take care of the undergrounding from the temporary facility to the pole which is anticipated to cost $600 - can he get a temporary occupancy permit pending the resolution of the deferral or waiver of the undergrounding? Deputy Director of Public Works Garibay answered that another outstanding item is the installation of the sidewalk. Mr. Harlan declared this was "no stumbling block". If the City wants his promissory note or letter that the sidewalk will be in, he will do it. In response to the Mayor's query, Deputy Garibay stated there was difficulty with the landscaping. Mr. Harlan understands it has to be put in within sixty days and guaranteed with a letter of credit. Deputy City Attorney Rudolph commented that, if Mr. Harlan is allowed temporary occupancy of undergrounding from pole to street, he would ask for some kind of a hold harmless clause for the City to be included in the agreement. MSUC (Malcolm/Nader) to direct staff to allow occupancy with the overhead line, pending the Public Hearing on November 24th, subject to staff's inspection and as laid out, and as agreed to by the applicant. 3e. SUPPORT REQUESTED FOR RESOLUTION APPROVING A ONE-HALF PERCENT TRANSACTIONS AND USE TAX TO FUND THE CONSTRUCTION OF CRITICALLY NEEDED JAILS AND COURTROOMS - San Diego County Bar Association, 1434 Fifth Avenue, San Diego, CA 92101 Staff recommended that Council send a letter to the Bar Association informing them of the City's previous support of AB 2505, indicating the Council will be further considering the actual approval of such a 1/2% sales tax; and that Council direct staff to come back with a report on whether to support the actual imposition of a 1/2% sales tax for jails and courtrooms. Councilman Nader questioned why Council needs further consideration for full support of this bill, indicating that the need for jails and courtrooms is critical. Mayor Cox stated his agreement with the staff recommendation until it is known what is included in AB 2505, and his intent to review that all geographic areas are treated in a similar manner. MSC (McCandliss/Cox) to approve the staff recommendation. (Councilman Malcolm voted no) MINUTES - 9 - November 3, 1987 8. RESOLUTION 13314 ACCEPTING BIDS AND AWARDING CONTRACT FOR REPLACEMENT OF WOOD FLOOR AT PARKWAY GYM IN THE CITY OF CHULA VISTA, CA The project work involves replacement of approximately 2500 sq. ft. of flooring, sanding and refinishing the entire wood flooring, new game line striping and new ventilating cove base. Staff recommended acceptance of the bids and award of the contract to the low bidder, Clough Flooring, in the amount of $24,750.00. Mayor Cox pulled this item to question if this would prejudice the item of the Memorial Park Master Plan which staff confirmed as not being in conflict. RESOLUTION OFFERED BY MAYOR COX, as read, passed and approved. {Councilman Nader out) 14. REPORT FEASIBILITY STUDY FOR SAN DIEGO COUNTRY CLUB {Director of Planning) On March 24, 1987, Council directed staff to pursue the possibility of storing or relocating the existing San Diego Country Club clubhouse, which is scheduled for demolition in order to construct a new clubhouse facility. The existing building has historical significance having been designed by the notable architect Richard Requa and constructed in 1921. The City Council on May 26, 1987, retained Milford Wayne Donaldson Architect to perform a feasibility analysis for moving the building to another unspecified site. A report has now been completed assessing the structural feasibility of moving the building and the relative costs associated with doing so. Staff recommended acceptance of the report with direction to refer it to the Library Board of Trustees, Resource Conservation Commission and the Montgomery Planning Committee for their review. It was recommended that staff be directed to analyze potential sites and their cost as well as possible funding sources and to coordinate with the San Diego Country Club. Councilman Malcolm stated that he would abstain from any discussion on this item, on advice of the City Attorney, because he is a member of the San Diego Country Club. Councilman Malcolm left his seat. At 5:32 p.m., Councilman Nader returned to his seat. Kathryn Corso Willetts, 2465 A Street, San Diego, Architect Consultant for Milford Wayne Donaldson, explained slides depicting the building as it stood in 1925 when it was only four years old) and which was a Mission Revival style, in vogue at the time. Ms. Willetts pointed out that the original building was 13,150 square feet and that 10,000 square feet had been added for garage and storage space. MINUTES - lO November 3, 1987 Councilmembers asked questions as they viewed the slides which centered on the advisability of restoration versus a new building, the cost of moving the building, the feasibility of using it as a library and the lack of guarantees available for a safe move. The study resulted in a statement that the move is possible but very costly. C. R. Campbell, 838 Coriander Court, 92010 represented the Board of Directors of the San Diego Country Club. Mr. Campbell requested Council not to accept the recommendation of staff because of the time and the cost. Councilmembers concurred that this issue should be reviewed by the Montgomery Planning Committee, the Resource Conservation Commission and the Library Board of Trustees before further discussion by Council. All agreed their feelings to save the building because of its historical value but that much study needs to be done. The City Manager suggested the date of December 1 for the report to be brought back to Council. MSC (Cox/McCandliss) to continue this item to the meeting of December 1 and to get information from the three commissions as recommended by staff, and to ask staff to come back at the same time with a report recommending potential sites which could be utilized to accommodate the facility as a library or other usage. (Councilman Malcolm abstained) Councilman Moore emphasized that the commissions fully explore all of the pros and cons of the issue, and Councilman Nader suggested the reports be "objective" MSUC (Cox/McCandliss) at 6:15 p.m., to ADJOURN TO CLOSED SESSION to discuss the Acquisition of the Bayfront Property and Personnel. At 6:35 p.m., Councilmembers Nader, Moore and McCandliss returned to the Meeting. Mayor Cox and Councilman Malcolm did not return. Mayor pro Tempore Moore took the Chair. 17. REPORT OF THE CITY MANAGER Continued to the Adjourned Meeting of Council following the November 5, 1987 Meeting of the Redevelopment Agency at 7:00 p.m. 18. MAYOR'S REPORT a. Status of Building and Housing Director b. Softball Complex Continued to the Adjourned Meeting of Council following the November 5, 1987 Meeting of the Redevelopment Agency at 7:00 p.m. MINUTES - ll November 3, 1987 19. COUNCIL COMMENTS COUNCILMAN MALCOLM: a. Taping of Closed Sessions b. Major Food Store in Downtown Chula Vista. Continued to the Adjourned Meeting of Council following the November 5, 1987 Meeting of the Redevelopment Agency at 7:00 p.m. COUNCILMAN NADER: MSUC (Nader/McCandliss) to add to the Agenda for the Adjourned Meeting of Council following the November 5, 1987 Meeting of the Redevelopment Agency at 7:00 p.m., a discussion of the letter received from the Sweetwater High School District. (Mayor Cox and Councilman Malcolm absent) ADJOURNMENT AT 6:40 p.m. to the Adjourned Meeting following the November 5, 1987 Meeting of the Redevelopment Agency Meeting at 7:00 p.m., and to the Regular Meeting of November lO, 1987 at 7:00 p.m.. JENNIE M. FULASZ, CMC City Clerk ll04C