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HomeMy WebLinkAboutcc min 1984/01/10 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, 7:00 p.m. January lO, 1984 ROLL CALL Councilmembers present: Councilmembers Scott, Moore, McCandliss, Malcolm Councilmembers absent: Mayor Cox Staff present: City Manager Goss, City Attorney Harron, Assistant City Manager Asmus In the absence of Mayor Cox, Mayor pro Tempore Moore presided over the meeting. PLEDGE OF ALLEGIANCE, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor pro Tempore Moore followed by a moment of silent prayer. 1. APPROVAL OF THE MINUTES OF THE MEETING OF JANUARY 3, 1984 MSUC (McCandliss/Malcolm) to approve the minutes. 2. SPECIAL ORDERS OF THE DAY (None) 3. WRITTEN COMMUNICATIONS a. CLAIMS AGAINST THE CITY (1) Glen Youmans 5828 Central Avenue BonitaCA 92002 A claim was filed in the amount of $250,000 for the wrongful death of Mrs. Youmans' son, Kelly Collins who was fatally injured when his motorcycle collided with a vehicle in the intersection of Bonita Road and Bonita Glen Drive. The claimant alleges the City had notice of a dangerous intersection which was the proximate cause of the collision and death. Due to the questionable liability to the City, and in order to commence the statute of limitations, it was recommended by Carl Warren and Company, and the Risk Management staff, that this claim be rejected. (2) Robert Guerrero 799 Fourth Avenue Chula Vista, Ca 92010 1 1 · I F ' City Council Meeting - 2 - January lO, 1984 A claim was filed in the amount of one million dollars. The claimant alleges false imprisonment, personal injury and defamation of character by Chula Vista Police Officers. It was recommended by Carl Warren and Company and the Risk Management staff that this claim be rejected. MSUC (McCandliss/Malcolm) to reject the claims. b. REQUEST TO OPPOSE HR 4102 AND SB 1660 (TELEPHONE SYSTEM LEGISLATION) (W.M. Ellinghaus, President A T & T) HR 4102 regarding consumer protection act on subsidies would decrease long-distance rates as much as 40% over the next six years as estimated by the FCC. Mr. Ellinghaus urged contacting Senators and opposing this legislation. MSC (Malcolm/McCandliss) to refer this request to staff and the Legislative Committee for a report back to the City Council. The motion carried with Councilman Scott abstaining. 4. ORAL COMMUNICATIONS a. Robert Ghiloni, 304 East Oneida Street, Chula Vista, complained of the exterior lights on the building of the Starlight Center. He stated it was so extensive that he must put cardboards up on the windows of his home and moved his son out of his bedroom into another room. He complained to the Zoning Enforcement Officer who was supposed to talk to Mrs. Blackburn, the Director of Starlight Center. He asked Council to give staff some direction to alleviate this problem. Director of Building and Housing Grady stated the complaint was received last week; however, the Zoning Officer was out ill. When he returned he was instructed to talk to Mrs. Blackburn. Mr. Grady stated he probably talked to her today and he will contact the Zoning Enforcement Officer tomorrow and report back to the Council. MSUC (McCandliss/Moore) for staff to report back next week on the progress of the matter. b. Bob Norman, 908 Mission Avenue, Chula Vista, questioned when the status of the street sweeping report would be back from Council and asked to be notified when the "L" Street traffic (report) comes back. City Manager Goss stated he would notify Mr. Norman on the "L" Street traffic and as to the street sweeping report, this will be coming to the Council shortly. City Council Meeting - 3 - January lO, 1984 RESOLUTIONS AND ORDINANCES, FIRST READING 5. RESOLUTION 11503 ADOPTING THE SERIES 6 REGIONAL GROWTH FORECASTS FOR CHULA VISTA (Director of Planning) Director of Planning Gray explained SANDAG's Regional Growth Forecasts are updated periodically to reflect changes in local plans and policies and other factors affecting the growth of the region. The preliminary results of the current update, called the Series 6 forecasts, were presented to Council in June and have since undergone local staff review and revision. The SANDAG Board is now requesting each jurisdiction within the region to adopt the final Series 6 figures. These forecasts would replace the Series 5 update figures adopted by Council in November 1980. In answer to Council's questions, Mr. Gray stated there is an ongoing study, in conjunction with Caltrans and the County in coordinating the traffic study generated by the project on Otay Mesa. The traffic forecast will be made for the next 20 years. Mr. Stu Shaffer, from SANDAG presented a plat showing the general area encompassed in this report. In answser to Mayor pro Tempore Moore's question, Mr. Shaffer stated the forecast incorporates the boundary of the general plan area of Chula Vista. Councilwoman McCandliss noted the report includes the forecast up to 1980 and this study is updated periodically. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 6. RESOLUTION 11504 APPROVING CHANGE ORDERS 26, 28, 30, 31, 33, 35 AND 36 FOR TOWN CENTRE PARKING STRUCTURE (Director of Building and Housing) On December 21, 1982, the Redevelopmerit Agency awarded a contract to C. E. Wylie Construction Company in the amount of $2,468,000 to construct the Town Centre Parking Structure. Work began in April 1983. As a result of the bond issue to underwrite the construction, the City Council took over the responsibility to oversee the parking structure construction and subsequent use. Now the structure is estimated at 90% complete and there are several changes that are determined necessary to the ultimate goal of a well-structured facility. The Director of Building and Housing recommends the Council approve Change Orders 26, 28, 30, 31, 33, 35 and 36 in the amount of $27,314. Councilman Scott questioned which of the change orders called for are the result of the design by the architect and not the fault of the City. Mr. Grady indicated it may be Change Orders Numbers 30 and 33. City Attorney Harron explained the procedure in filing legal action against an architect. He noted that typically there are many oversights in any complex project. If the Change Orders were in the normal work of the architect, it would not City Council Meeting - 4 - January lO, 1984 constitute negligence on his part. At the end of a construction, the City could speak to another architect and get his opinion on the Change Orders. Councilman Malcolm referred to the hiring of the Resident Inspector at the beginning of this project, noting the Inspector (Mr. Gingerich) had 45 days during which it was raining, in order to study the plans and familiarize himself with the project. Mr. Grady explained that the Resident Inspector did go over the plans; however, he did not work eight hours a day at that time and it is extremely difficult to pick up some of the changes until such time as the construction begins. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. MS (Malcolm/Moore) for staff to report back on the $190,000 change order on the soil test and if staff feels there is any legal action that can be taken on it. Discussion of the motion followed whereby City Manager Goss explained this item was discussed at a previous Council meeting and it was agreed no legal action could be taken on it. Councilman Malcolm withdrew his motion, Councilman Moore agreed to withdraw the second. 7. RESOLUTION 11505 ACCEPTING PUBLIC IMPROVEMENTS, CONSTRUCTION OF SIDEWALK RAMPS 1983-84 PROGRAM IN THE FEASTER MUELLER AND VISTA SQUARE AREAS (City Engineer) B. W. Nash, dba Silver Strand Contractors, completed the construction of sidewalk ramps for the 1983-84 program in the Feaster, Mueller and Vista Square areas on December 21, 1983. A final inspection was made on December 22, 1983, and all work was found to be completed in accordance with the plans and specifications and to the satisfaction of the City Engineer. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. 8. ORDINANCE 2062 AMENDING SECTION 2.04.020 OF CHAPTER 2.04 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE SCHEDULING OF DAYTIME CITY COUNCIL MEETINGS (City Attorney) At its December 6, 1983 meeting, the Council requested staff bring back an ordinance granting City Council additional flexibility for scheduling of City Council meetings. The purpose for this amendment is to allow the City Council to schedule daytime meetings on a regular basis to find out whether attendance of different factions of the community would increase. It would require that a resoultuion authorizing the daytime meeting be passed two weeks in advance of scheduled meetings. MSUC (Scott/Malcolm) to place the ordinance on first reading, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting - 5 - January lO, 1984 CONTINUED MATTERS AND SECOND READING OF ORDINANCES 9. RESOLUTION 11506 APPROVING METROPOLITAN TRANSIT DEVELOPMENT BOARD'S (MTDB) PROPOSED BILLBOARD LITIGATION SETTLEMENT (Continued from the meeting of December 20, 1983) (City Attorney) MTDB removed 40 sign structures without compensation to the sign companies during construction of the trolley. Ten of those structures were within the City of Chula Vista. The sign company's sued for inverse condemnation claiming damages in excess of $1 million dollars. MTDB and the billboard company's entered into a proposed settlement which requires MTDB to replace a minimum of three structures and a maximum of six. MTDB is to pay ~35,000 for the fourth, fifth and sixth sign, if not constructed. In order to implement the settlement, MTDB requested Chula Vista permit two signs within the City. MSUC {Scott/Moore) to trail this item and to call for a Closed Session at the end of the meeting to discuss this pending litigation. lO. ORDINANCE 2061 AMENDING CHAPTER 8.16 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING THERETO A NEW SECTION 8.16.025 RELATING TO THE OPENING OF FOOD OR BEVERAGE PACKAGES IN FOOD HANDLING ESTABLISHMENTS - SECOND READING AND ADOPTION (City Attorney) The purpose of this ordinance is to prohibit people from opening or tampering with packages. This amendment would eliminate the requirement that a person needs to replace an open package in order for there to be a violation. MSUC (McCandliss/Malcolm) to place the ordinance on second reading and adoption. The reading of the text was waived by unanimous consent, passed and approved unanimously. ll. REPORT OF THE CITY MANAGER a. City Manager Goss asked for confirmation of the appointment of Rene Franken as Acting Director of Finance. MSUC (Scott/Moore) to confirm the appointment. b. City Manager Goss introduced Gary Goelitz who will be a Principal Analyst for the City. City Council Meeting - 6 - January lO, 1984 REPORTS OF OFFICERS AND DEPARTMENT HEADS 12. REPORT ROBINHOOD POINT HOMEOWNER'S ASSOCIATION REQUEST FOR CITY TO ACCEPT DEDICATION OF PRIVATE STREETS AND MAINTENANCE OF LANDSCAPING FOR SLOPE BANKS ALONG PUBLIC STREETS (Public Works Operations Director/Planning Director/City Engineer/Parks and Recreation Director) Director of Planning Gray explained the subject property involves a 291-unit subdivision on approximately 108 acres located on the east side of Brandywine Avenue bisected by Sequoia Street. The area is zoned P-C Planned Community and was approved as a planned unit development (PUD) in 1976. The PUD design consists of a series of small lots in a clustered pattern leaving areas of common open space between each of the clusters. The primary roads are dedicated as public streets, whereas the shorter cul-de-sacs are private streets. The private streets were offered for dedication and rejected by the City with the approval of the final subdivision maps. In its request, the homeowner's association is asking the City to: 1. Accept the dedication and maintenance of the private streets citing the substantial costs facing the association for repair and maintenance. 2. Maintain and landscaping along all City streets due to the increased cost of water and landscape maintenance. Staff recommends: 1. Do not accept the offer of street dedication unless such streets are brought up to the City's public street standards for design width and structural design; 2. Approve the Homeowner's request to phase in natural landscaping of the common area slope bank, subject to approval of a Planned Transition Program. In addition to the above requests by the Homeowner's Association, Council asked staff to: review the situation regarding the sale and/or relocation of the recreational vehicle parking area; staff reports there are no restrictions preventing the Homeowner's Association from selling the parcel provided a suitable replacement parking area for the recreational vehicles was provided elsewhere in the project area or nearby. Asto a surveyand report on the number of other planned residential subdivisons in the City that may be facing similar problems as Robinhood Point, staff has identified some 22 such developments containing approximately 1,816 dwelling units, constructed and occupied. ' City Council Meeting - 7 - January lO, 1984 Staff believes phasing in natural landscaping will help reduce the high costs of landscape maintenance and watering to a level more in line with other subdivisions. The reduction in landscape costs will enable the Homeowner's Association to undertake a similar phased program to replace certain street trees and repair the pavement. Council discussion followed with staff answering questions pertaining to hammerhead cul-de-sac designs; the width of the substandard streets as compared to City standard streets; the streets which are damaged by the trees planted in the hammerhead cul-de-sacs; (they would have to be removed); the cul-de-sacs preclude entrance and exits by City equipment; the repair cost of removing the trees would be approximately $100,000 this is a ball park figure; the number of similar other projects in the planned developments throughout the City; approval of this particular subdivision during the 1970's whereby there was a movement to planned unit developments - encouraging developers not to carve out and level acres of property but to develop subdivisions in clusters on natural portions of property; whether City equipment could get in and clean out the cul-de-sacs if the trees were removed; whether the City could accept the streets with the condition that the homeowners continue sweeping the cul-de-sacs. City Attorney Harron stated a contractural agreement could be made with the homeowners for sweeping the street; however, if some accident did occurred, the City could be liable because it would be a public street. Speaking in opposition were Mr. Bill McBreen, 1650 Point Sal Ct, Chula Vista, President of the Robinhood Point Association, Steven Carlin, 625 Point Defiance Court, Chula Vista, and Jack Kuta, 272 Church Avenue #4, Chula Vista. Their comments, in summary, were as follows: 1. The letter to the City was written June 30, 1983 and staff began meeting with the homeowners. 2. The residents are reluctant to remove the trees from the islands but will do it if the City takes over the streets. 3. It was the City staff who originally approved the trees. 4. The staff is indicating this would be precedent setting. 5. The staff approved the plans for the subdivision in 1976. 6. The Planned Unit Development {PUD) policy was not followed in approving this subdivision. 7. They are not private streets, and they have never been posted as such. They are used as public streets. 8. All members of the Homeowners' Association and residents of this area are taxpayers of Chula Vista. City Council Meeting - 8 - January lO, 1984 9. Noted other subdivisions in the area which have typical cul-de-sacs as dedicated streets. lO. Noted three estimates from paving companies in the City who would do the work at much less cost than quoted by the City staff. ll. Compared the chip sealing cost with other construction costs. 12. At present, the homeowners sweep the cul-de-sacs (They take turn doing this). 13. The number of years for a chip seal program to be effective {which is 12-15 years) in this particular area, but in normal residential streets it would be 7-10 years. 14. The homeowners have already started to phase out the landscaping and put in natural landscaping which cuts down on their water bill. 15. The homeowners have submitted a plan for their alternate site for an RV Park. 16. If the roots from the trees get into the sewer main area, it is the City's responsibility to fix the lines. 17. The reason the RV Park is not used is because of the extensive amount of alien activity and vandalism in that particular area. Speaking in opposition were Guy Litchy, 1652 Point Sal Ct, and David Foreman, 1653 Point Cabrillo Court, Chula Vista. Their comments were: 1. Staff stated the environmental impact report which was prepared for Brandywine Units 3 and 4 was sufficient and PUD would not require a new EIR. 2. In the new redevelopment project on Otay Valley Road there will be storage facilities constructed in which the RV vehicles could be stored. 3. The City street sweeping crew came by only twice in the last six months. 4. Refuted the staff's report whereby they stated they spent 30-40 hours on this project. 5. Asked that Council give the residents a break "just on the grounds of fairness". Council discussion followed regarding the accountability of the City taking over this project: the problem is money, large amounts of landscaping and the trees; the request for the relocation of the RV Park was a feasible one; the difficulty of the City's equipment trying to enter the cul de sacs to sweep the areas because of the substandard widths of the streets. ""l"' 1 · I T City Council Meeting - 9 - January lO, 1984 MSUC (Moore/Scott) to phase out the natural landscaping of the common area slope bank, subject to approval of a Planned Transition Program. MSUC {Malcolm/Moore} to allow the homeowners to relocate the RV Park and to liquidate the existing parcel. MSUC {Scott/Moore) to refer to staff to prepare the City taking over the streets on a contractural basis in perpetuity. The City would take over the streets, brought up to City standards, and the trees in the center would be taken out. The City would take it over and maintain it. The details of this report to be brought back to the City Council for review as soon as possible with a copy going to the Homeowners' Association. Further Council discussion followed regarding the broken curbs and whose responsibility it would be to fix them. City Engineer Lippitt stated he has concerns regarding the motion. If the City is going to go in and maintain the streets, and they are private streets, then gas tax funds would not be able to be used, since they must be used for public dedicated streets. City Manager Goss stated he would include this concern in his report to Council. Director of Public Works Crouse commented by the expression used by Mr. McBreen indicating the number of trees were to be removed were a "hit list". Mr. Crouse said he was asked by Mr. McBreen to made a survey of the trees. His staff took two days to make this survey and submitted the list of trees {to be removed} to Mr. McBreen. Mr. Crouse noted the roots of the fiscus trees in the older cul-de-sacs were causing damage and have disrupted the paving. 13. REPORT REQUEST FOR PROPOSALS - SPHERE OF INFLUENCE {Director of Planning) On October 25, 1983, the City Council approved the Sphere of Influence Work Program and directed staff to negotiate an agreement with LAFCO for sharing the cost of preparing the Sphere Plan and the associated environmental impact report. Council also asked staff to report back on whether or not a Contract Planner should be hired to do the Sphere Plan. Staff has reached an agreement with Bill Davis, Executive Director of LAFCO, concerning the Sphere Plan and associated environmental impact report. Staff has also studied the matter of contracting out the Sphere Plan and recommends Council: 1. Direct staff to advertise a request for proposals to prepare the Chula Vista Sphere of Influence Plan; 2. Direct staff to return to Council with a recommendation for selection of the best proposal and the appropriate budget transfer authorization to fund the Sphere Plan contract City Council Meeting - lO - January lO, 1984 The estimated cost for preparation and Agency coordination work including adoption by LAFCO is $65,969. If the preparation of the Sphere Plan is contracted out, bid will be solicited from Private firms based upon the Request For Proposals. It is anticipated that the consultant cost will be between $20,000-$40,000. Much of the data gathering and Agency coordination work will still be performed by City staff. The duration of the study should be about lO-12 weeks. MSUC (Scott/McCandliss) to accept the staff recommendation. In answer to Mayor pro Tempore Moore's query, Director of Planning Gray stated there will be coordination of this study by LAFCO and City staff. 14. MAYOR'S REPORT a. Mayor pro Tempore Moore noted there will be three Councilmembers absent from the meeting of March 6 since they will be attending a Conference out of the State . MSUC (Moore/Malcolm) to cancel the March 6, 1984 Council meeting. b. Mayor pro Tempore Moore discussed SB 788 (Compulsory and Binding Arbitration) stating it is coming back to the Senate for reconsideration. MSUC (Moore/Malcolm) for the City Manager to send a letter voicing the Council's opposition to this bill with a copy of the letter to go to the Senate Committee Members and to County cities. 15. COUNCIL COMMENTS a. Councilman Malcolm discussed the problem occurring on Bay Boulevard on the vacant property next to E1 Torrito where a number of people are parking their truck trailers for a long period of time. MSUC (Malcolm/Moore) for the City Manager to take action to see that the illegally parked truck trailers are removed from the Bay Boulevard site adjacent to E1Torrito's Restaurant. b. Councilman Scott referred to a letter in the Council packet on the proposal for Navy housing to locate in Chula Vista. He discussed the amount of low- and moderate-income housing coming into the area, indicating Chula Vista (at least south Chula Vista) is beginning to be the "dumping grounds" for San Diego. "If they can't find anywhere else to put these projects they come in to Chula Vista". He feels the Council should take a good hard look at this proposal. c. Councilman Scott said he was also opposed to the selling of sewerage capacity to San Diego because the City {Chula Vista) is losing its bargaining rights. City Council Meeting - ll - January lO, 1984 ADJOURNMENT AT 9:35 p.m. to Closed Session for litigation and personnel. The meeting reconvened at 10:05 p.m. Item No. 9 was considered. (See page 5 for explanation) 9. RESOLUTION 11506 APPROVING METROPOLITAN TRANSIT DEVELOPMENT BOARD'S (MTDB) PROPOSED BILLBOARD LITIGATION SETTLEMENT (Continued from the meeting of December 20, 1983) (City Attorney) City Attorney Harron reported on the conceptual agreement with representatives of the billboard company - at the end of the 15 year lease period, although the billboard company would have the right to request an extension, they would honor the City's request to remove the signs and waive any right to sue, or right of compensation in connection with this removal. MTDB has agreed to place the $8,200 yearly rental fee from the billboard company into a trust fund to be used for special projects approved by the City of Chula Vista for the MTDB right-of-way. MSUC (Moore/Scott) that these two amendments be approved. Mr. Jack Limber, representing MTDB said he would take this back to the billboards company's and give them this specific wording. He will request a waiver of any suit after a 15 year period of time. Mr. Ed Dato, representing Foster and Kleiser, asked it be spelled out specifically in the resolution what would be waived over a 15 year period of time. He indicated some other type of legislation may permit a suit during this period of time that is not forseen now. Mr. Limber discussed the hold harmless agreement for the City stating the billboard companies will be holding the City harmless - they would waive any rights of compensation for the signs. ADJOURNMENT AT lO:O0 p.m. to the meeting scheduled for Tuesday, January 17, 1984 at 7 p.m. WPG:0378C PAG