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HomeMy WebLinkAboutcc min 1984/03/13 MINUTES OF A REGULAR ))EETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tueslday, 7:00 p.m. March 13, 1984 ROLL CALL Counci]members present: Mayor Cox, Councilmembers Scott, Malcolm, Moore, McCandliss Councilmembers absent: None Staff present: City Manager Goss, City Attorney Narron, Assistant City Manager Asmus PLEDGE OF ALLEGIANCE, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment of silent prayer. l. APPROVAL OF MINUTES OF FEBRUARY 23 AND 28, 1984 MSUC (Malcolm/Scott) to approve the minutes. 2. SPECIAL ORDERS OF THE DAY INTRODUCTION OF MISS CHULA VISTA OF 1984 Mayor Cox announced that Miss Ostapeij cannot be present tonight and her appearance will be scheduled at the next Council meeting. 3. WRITTEN COMMUNICATIONS a. CLAIM AGAINST THE CITY Jewel Estes 978 Ednabelle Court E1Cajon, CA 92024 A claim was filed against the City by Jewel Estes for an unknown amount for personal injuries sustained as a result of tripping and falling in a pothole in a City street. It was recommended by Carl Warren and Company and the Risk Management staff that Council reject this claim in order to commence the statute of limitations. MSUC (Malcolm/Scott) to reject the claim. b. REQUEST TO SUPPORT GAS TAX EFFORT AND CONTINUING PRESENT LEVEL OF GENERAL FUND SUPPORT IF AND WHEN A GAS TAX INCREASE IS OBTAINED (County of San Diego) City Council Meeting - 2 - March 13, 1984 The County Supervisors Association of California {CSAC) and the League of California Cities intend to develop support for an increase in State gasoline tax for local road maintenance. They are requesting a county-wide task force to review local needs and to develop local support. MSC {Moore/Scott) forward a letter to the Board of Supervisors on this subject to make staff and/or a Councilmember available to serve on the Task Force to review the pros and cons of this request. Councilman Malcolm voted "no" stating he was against any tax increase. MSUC {Moore/McCandliss) the Council direct the City Manager to review the policy issues raised in this letter and evaluate the pros and cons and submit a report back to the Council. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 4. PUBLIC HEARING TO CONSIDER ALL PROTESTS AND OBJECTIONS RELATING TO THE PROCEEDINGS FOR THE FORMATION OF A SPECIAL ASSESSMENT DISTRICT AND A DETERMINATION OF WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRES THE IMPROVEMENTS AS PROPOSED FOR THE ASSESSMENT DISTRICT KNOWN AND DESIGNATED AS ASSESSMENT DISTRICT NO. 83-1 LAS FLORES DRIVE ET AL Mayor Cox announced that both he and Councilman Scott have a potential conflict of interest and asked the City Attorney for direction. City Attorney Hatton explained when four votes are needed for an issue on the Council, under State law, one of the members must be brought back "in a random way". In this particular case that person will participate in a very minimal manner - no discussion but just to vote. Attorney Harron recommended the selection be done by a flip of the coin. City Clerk Fulasz flipped the coin and Councilman Scott came out the winner. Mayor Cox left the dais at this time and Vice-Mayor Moore presided over the meeting. Councilman Scott questioned whether there would be a potential vote for an override requiring a 4/5th's vote. Mayor pro Tempore Moore referred to the staff's recommendation to consider all testimony and to continue the meeting to April 3 to give staff time to consider and evaluate all the protests. Since a 4/5's vote was not needed at this meeting, Councilman Scott asked to be excused since he had minor surgery on Friday and was not feeling well. Councilman Scott left the meeting at this time. Mr. F. Mackenzie Brown, Bond Counsel, explained this is the first of two public hearings. The second public hearing would be when the majority of protests come into issue. If the Council wishes to proceed with the project, it will then require the 4/Sth's vote to overrule the protests. City Council Meeting 3 _ March 13, 1984 This being the time and place as advertised, Mayor pro Tempore Moore opened the public hearing. City Engineer Lippitt explained that over the past several years, engineering staff has been working with property owners in the area of Las Flores Drive between Second and Minot Avenues and north of "E" Street to construct public improvements through special assessment district proceedings. The City Council at their meeting of January 24, 1984, by Resolution 11519, adopted a map showing the proposed boundaries of Assessment District No. 83-1 {Las Flores Drive, et all. The City Engineer recommended (1) the City Council receive testimony from interested parties, close the public hearing and defer action or continue hearing to April 3, 1984 to provide staff time to determine percent of protests and any changes in the items of work and boundary of district resulting from testimony received or {2) direct staff to prepare the appropriate resolutions for the formation of the district. If the Council desires to proceed with the project, the following actions will be taken: 1. Changes or modifications to the district will be made if required and a resolution ordering changes and modifications will be presented. 2. The Council will be asked to adopt a resolution denying protests. 3. The Council will adopt a resolution finding and determining public interest, convenience and necessity {4/Sths vote required thus waiving the requirements of the "1931 Act"). 4. Council will direct staff to proceed with the processing of the assessment district. 5. Council will be asked to retain the professional services of a right-of-way agent to negotiate the acquisition of necessary property to construct the improvement. If the Council does not wish to proceed with the project, it can order the abandonment of the proceedings and direct the preparation of an appropriate resolution of abandonment. Mayor pro Tempore Moore opened the public hearing announcing this is the time and place for the hearing protests or objections to the proposed special assessment district and all related matters in the Assessment District No. 83-1. City Clerk Fulasz reported that the Notice requirements as authorized have been given and a Certificate of Compliance is on file in her office. Notice was given in the following manner: City Council Meeting _ 4 _ March 13, 1984 1. Posting of public streets. 2. Posting Notice by Council Chamber door. 3. Publication of Notice of the public hearing. 4. Mailing of the Notice of public hearing to residents of Assessment District. 5. Filing the proposed boundary map with the County Recorder. City Engineer Lippitt showed slides and presented the proposed improvements and the estimated cost of the district. Mr. John Dainwood, Engineer, for Bemit-Dainwood-Sturgeon of the firm hired for the initial study, explained the method and formula of the assessment spread and the proposed works of the improvement. He noted the project would cost $1,172,970. Of this amount the City would contribute $4,200 making the total assessment spread through the properties $1,768,770. Mr. Dainwood stated this does include a 15% overhead and a 10% reserve fund. All assessments were done in accordance with the Streets and Highway Code. City Engineer Lippitt noted the formation of this district has been in the works for the past lO years. In 1979, a petition was presented before the Council for an assessment district north of "D" Street. Owners of 60% of the properties requested the district. In 1981, the Council hired Mr. Dainwood to do the studies based on three zones. Mr. Lippitt noted that the District was divided into Zones l, 2 and 3, and explained the Council can make their decision on whether or not to include the entire District or to reduce it to 1 or 2 Zones. Mr. Lippitt noted the number of deferrals which were granted over the past several years: 12 deferrals and 5 who have certificates on parcel maps. They have all agreed not to protest the formation of the District when ordered by the City. City Engineer Lippitt questioned if the improvements were not installed at this time, how will the City have them installed. He felt the only logical way was to install them at this time and to call up the deferrals. Mr. Lippitt then presented the statistics regarding the number of protests received up to 5:00 p.m. this evening. In the three Zones, the total of protests was 40.52%. Out of that, 5.87% had deferrals and 4.28% had the parcel map certificates. With this deduction, the total protests for the 3 Zones is 30.37%. Breaking the Zones down: Zone 1 - 28.92% protests; Zone 2 - a net total of 34.93%; and Zone 3 - a net total protest of 31%. In answer to the Attorney's question, Mr. Brown stated the people who had the deferrals were included in the percentage of the protests. City Attorney Hatton remarked the deferrals have been recorded against the land so subsequent owners are liable for this lien. Future buyers are aware of this at the time they purchase these homes through the title search. City Engineer Lippitt noted the majority of the concerns of the people who protested was their inadequate funds to pay the assessments. He noted the State program for those senior citizens over.60 years old and retired and have an annual income of less than $32,200 the State will pay their property taxes and their assessments. When the house is sold, the State would then get back the money from the sale of the home. Mr. Lippitt noted the City can participate more than the amount of ~4,200 if the Council so chooses. lIT City Council Meeting - 5 - March 13, 1984 In answer to Councilwoman McCandliss' query, Mr. Lippitt stated the formation of the district at this time does adhere to the findings of public necessity and general welfare; since the area is being developed, lots are being split and in accordance with the City Code, these people should be putting in the public improvements. Further Council discussion followed regarding the petitions presented; people purchasing land during these years with the understanding the improvements would be put in; the road being inadequate to serve the area, especially for future developments; flooding conditions in the area; the requirement for underground utilities; drainage; City's power of eminent domain to take property in order to put in the improvements; obligation of the people who signed a lien against their property to put in the improvements; whether or not the District should encompass the 3 Zones or the Zones split up and put in individually. Mayor pro Tempore Moore asked to hear from those people who were in favor of forming the District. Speaking in favor were Harold West, 3104 Sun Up Court, Bonita; Maria Balistrieri, 22 Melrose Avenue, Chula Vista; Sue Hudson, 735 Sea Coast Drive, Imperial Beach; Roy Shepard, 366 Theresa Way, Chula Vista; Henry Jahn, Alpine, CA; Charles Monschein ll2l Merryman Drive, Klamath Falls, Oregon; Howard Carter, 6353 Clyde Avenue, San Diego and Lester Petersen, 58 Minot Avenue, Chula Vista. In summary their comments were as follows: (1) Bought his home in 1977 with the understanding that the ~istrict was approved and would be put in. {2) If the District is not formed, they would request a deferral of the installation of public improvements in order to develop their properties. {3) Can't afford to let their vacant property sit idle and pay taxes on it. {4) The people who signed deferrals should be obligated to pay now. {5) Their investments in this particular area earn nothing and they still have to pay taxes on it. (6) There has been a 65% increase in the cost since the assessments were noted in 1972. {7) Wants to build her home here and willing to pay the high cost of the assessments. (8) $30,000 has been spent for engineering studies prior to this meeting. (9) Mr. Jahn stated he is willing to pay the $30,617 assessment and the people should take the risk and go ahead with the project. City Engineer noted the $30,617 assessment was for one lot - Mr. Jahn would have to pay an assessment of $33,594 for his second lot. Mr. Jahn and his wife then protested the Assessment District. City Council Meeting _ 6 _ March 13, 1984 (lO) Bought the land as an investment and should be given just as much consideration as those protesting. (ll) There is considerable trash in the area and the street is used for a race track - if the district were put in;it ~ould clean up the area. Councilman Malcolm noted a number of people in the audience to protest the District. He stated he did not agree with the formation of the Districtsbased on the high cost of assessments which would drive some people from their homes. He added he is willing to go ahead and vote now against forming the district. Mayor pro Tempore Moore remarked due process of law should be followed and people who wish to speak against the project should be given the opportunity. Councilwoman McCandliss agreed stating she felt uncomfortable with breaking off the discussions in the middle of the forum. City Manager Goss commented it would not be unusual for the City to participate in a limited amount, depending on the direction of the City Council, which would reduce the cost of the assessments. Speaking against were jack Russell, 123 Second Avenue, Chula Vista; Robert French, 129 Second Avenue; Margie Fuentez, ll Cresta Way,Chula Vista; Penny Trevisani, 149 "D" Street, Chula Vista; Peter DeGraaf, 665 Del Mar Avenue, Chula Vista; James Thomas, 190 "D" Street, Chula Vista; Michael Roark, 131 "D" Avenue, Chula Vista; Peter Watry, 81 Second Avenue, Chula Vista; and Betty Buhler, 160-164 Minot Avenue. In summary their protests were as follows: (1) Lived in the area for 20 years and have never seen water standing in the area. (2) 2-1/2 years ago the assessments were one-half of what they are today. {3) Living on Social Security and there would be nothing left for money to buy food if the assessments went through. {4) Cannot split his property for development because of the width of the property. (5) Widening the street will undermine swimming pools, garages and trees in the area. (6) Some of the people will have to give up 16' of their property for slope embankment purposes which would leave unbuildable lots. {7) Her husband is a fisherman and he stayed out to sea for most of the past few years because he could not stand the stress of this problem. (8) There is no need for a five foot drainage ditch since there has been no flooding in the area for the past 36 years. (9) The road is a dedicated road: sewer, underground utilities for telephone and gas are in and available to the residents. City Council Meeting - 7 - March 13, 1984 (lO) The road should be made two lanes and kept in a rural area and assessment cost reduced. {ll) Assessments should be based on benefits gained and not the frontage of the property. (12) If people could not pay for the assessments what will happen - will they be thrown out of their homes. Council discussion followed regarding the various protests. Mr. Dainwood explained the assessments stating the same formula has been done for the past 30 years and has always stood up in court. City Engineer Lippitt noted the Sweetwater Flood Control Channel has not been assured to date and h~s not been taken into consideration in the spread of these assessments. The homes would have to be built up to the flood plain and the road would have to be made passable to stand a lO0 year storm. In answer to Councilman Malcolm's question, Mr. Lippitt indicated if the Sweetwater Flood Control Channel does go in, it wouldn't have too much of an impact on the people in Zones 1 and 2 - the costs would not be lowered that much. Councilwoman McCandliss said she felt the proposed improvements may be a little overdone it is a "Cadillac" approach. She indicated other alternatives should be considered and costs reduced. As to the people who did sign deferrals, it is a commitment and those home owners have a legal obligation which they must accept as a reality and the need for the improvements will continue to exist. Council discussion continued questioning staff on the rights-of-way through "D" Street; putting in a two-lane road instead of the 36' road; having no sidewalks in the area and keeping it rural; putting in a swale and decreasing the cost; take a look at Zone 1 and its impact with the Sweetwater Flood Control Project. There being no further comments either for or against, Mayor pro Tempore Moore closed the public hearing. MS~C (Malcolm/McCandliss) to order the abandonment of the proceedings and to MS~C (Moore/Malcolm) for staff to proceed with the specific questions Council mentioned as to: reduce the cost; how it would be reduced; the flood project is, in fact, completed and (we) don't have to wait for it to be complebed to figure that out; various things to consider such as different way of (construction the) drainage; the different zones instead of all zones; different method of distributing the assessments; explore the possibility of helping the senior citizens, etc. to pay for their assessments in the future (program similar to the State program) to pay for the assessments in the future. City Council Meeting 8 March 13, 1984 A recess was called at 9:45 p.m. the meeting reconvened at 10:05 p.m. Mayor Cox came back to the meeting at this time. 5. ORAL COMMUNICATIONS a. Sam Zail, 1691Melrose Avenue and Earl B. Johnson, 250 Bonita Glen Drive D-7, Chula Vista spoke against the City leasing out the golf course stating the City's crew should maintain the course saving the City money in the long run. b. Nancy Brown, 4646 Bonita Road, Bonita, operator of the Happy Little People Pre-school, complained of the drainage ditch between her property and the ADMA condominium development. She stated the ADMA grading project has caused much drainage of water onto her property as much as 24-feet of mud which she has had to shovel out at various times during the year. She asked Council to take action to have ADMA correct this problem prior to further rains. MSUC (Malcolm/McCandliss) to refer this item to staff. City Attorney Hatton reported he inspected the property with the City Engineer and Mr. Adler of ADMA. ADMA has agreed to put in a gunnite ditch - half of it will be done on the ADMA property and the other half on Mrs. Brown's property. Mrs. Brown objected to the use of her property stating she was advised not to have ADMA come onto her property and give them any easements. Mr. Hatton indicated Mr. Brown agreed that one-half of the gunnite ditch could go on his property. The Council asked the City Engineer for an oral report on this at the next meeting and a more thorough written report at a later time when the ADMA people obtain a permit for the second phase of their project. CONSENT CALENDAR Mayor Cox announced that Item No. 7 has been deleted from the Agenda. Councilwoman McCandliss asked to have Item No. g pulled and stated she will be abstaining on Item No. lO. MSUC (Moore/Malcolm) to approve the Consent Calendar. 6a. RESOLUTION 11555 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND AMERLAND DEVELOPMENT, INC. WAIVING THE RIGHT TO PROTEST THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT FOR CHULA VISTA TRACT 82-6, HILLTOP TERRACE (City Engineer) b. RESOLUTION 11556 APPROVING THE FINAL MAP OF CHULA VISTA 82-6, HILLTOP TERRACE AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISIONS, AND APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISON ~ City Council Meeting - March 13, 1984 On January 19, 1982 by Resolution 10750, Council approved the Tentative Map for Chula Vista Tract 82-6, Hilltop Terrace. The Final Map has been checked and found to be in conformance with the Tentative Map. The developers have paid all fees, met the conditions of approval of the Tentative Map and executed the required documents. Ii 7. RESOLUTION ACCEPTING GRANTS OF EASEMENT FOR STREET PURPOSES AND FOR TREE PLANTING AND MAINTENANCE PURPOSES (City Engineer) (Deleted) 8. RESOLUTION 11557 ACCEPTING PUBLIC IMPROVEMENTS - OVERLAY OF CLAIRE AVENUE FROM SHASTA STREET TO "I" STREET AND STORM DRAIN IMPROVEMENTS (City Engineer) A.C. Company, Inc. was awarded the contract for the overlay by Council Resolution 11465 on November 22, 1983. The contract date is December 16, 1983. A.C. Company, Inc. completed the overlay of Shasta Street and storm drain improvements on February 17, 1984. Minor corrective work has been performed and final contract quantities determined. A final inspection was made on February 29. All work was found to have been performed in accordance with the contract plans and specifications and to the satisfaction of the City Engineer. lO. RESOLUTION 11558 GRANTING EASEMENT TO SDG&E FOR UNDERGROUND ELECTRIC FACILITIES TO BOYS/GIRLS CLUB (City Engineer} In February 1982, by Council Resolution No. 10770, the City issued a right-of-way letter to San Diego Gas and Electric company to install its underground electric facilities to the City's park property on Oleander Avenue for the new Boys/Girls Club facility. Subsequent to the installation, the City was to define an easement in which the electric facilities were to be located. This has been done and the easement may now be granted to SDG&E. Councilwoman McCandliss abstained. ll. RESOLUTION 11559 ACCEPTING GRANT OF EASEMENTS FOR STREET PURPOSES ALONG THE EAST SIDE OF GARRETT AVENUE JUST SOUTH OF "H" STREET (City Engineer) In order to construct a right-turn lane on the east side of Garrett Avenue just south of "H" Street, it was necessary to obtain street easements from the County of San Diego and Sweetwater Authority. Both these easements have been executed by their respective parties. City Council Meeting _10 _ March 13, 1984 12. RESOLUTION 11560 ACCEPTING THE PROPOSAL FROM GERALD S. KIBBEY & ASSOCIATES, INC., TO APPRAISE THE CITY-OWNED PROPERTY LOCATED ON BONITA ROAD ADJACENT TO THE CHULA VISTA MUNICIPAL GOLF COURSE (Community Development Director) The Department of Community Development has been requested to prepare an RFP for proposals for the development of the City-owned parcel of land located on Bonita Road adjacent to the Chula Vista Municipal Golf Course. This parcel comprises approximately 3.13 acres and is to be developed as a vistor-commercial land use. The RFP will be sent out to the San Diego real estate development community. Concurrently, staff is requesting that the City enter into a contract with Gerald S. Kibbey and Associates, Inc., for the appraisal of the subject property in order to establish a fair market leasing value. End of Consent Calendar. 9. RESOLUTION 1156l APPROVING ENCROACHMENT PERMIT NO. PE 033 FOR A SIGN IN THE CITY'S DRAINAGE EASEMENT AT THE BONITA CENTRE EAST SHOPPING CENTER (City Engineer) ADMA Company has had an identity sign placed at the entrance of its Bonita Center East shopping center by Integrated Sign Associates. Prior to concreting the poles, the sign was found to be encroaching into the City's drainage easement. Mr. James F. McKenzie of Integrated Sign Associates has submitted a request to allow this encroachment. The City Engineer has determined, after investigation, the placement of this sign in the easement will have no adverse effect on the maintenance of the sewer or storm drain. Wordage in the permit provides the City power to have the encroachment removed by the owner in case it ever becomes necessary to excavate for repair or other needed maintenance. There are no other utilities located in this easement. The placement of the sign does not pose a detriment or a hazard to the general public. Councilwoman McCandliss questioned the type of wording on the permit and whether the City would have any liability if City crews damaged the sign in any way. City Engineer explained the hold harmless clause in the agreement adding the City would give the owner a number of days to remove the sign prior to City crews coming in and working in the area. RESOLUTIONS AND ORDINANCES, FIRST READING 13a. REPORT HIDDEN VISTA VILLAGE SEWER REIMBURSEMENT (Rice Canyon Trunk) City Engineer) b. RESOLUTION 11562 APPROVING THE PRELIMINARY REPORT AND DECLARING INTENTION TO ESTABLISH A SEWER REIMBURSEMENT DISTRICT City Council Meeting 11 _ March 13, 1984 The developers of Hidden Vista Village (Terra Nova) have requested the City establish a reimbursement district to repay them for offsite and oversized sewer mains constructed with development of their subdivision. The City Engineer recommended Council set April 3, 1984 as the date and time for a public hearing to consider the establishment of a sewer reimbursement district for Hidden Vista Village. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. Councilman Moore asked to have the wording of the second paragraph of the resolution 13b changed to read "partial" repayment instead of "full" repayment. Councilman Malcolm included this in his motion. Mayor Cox agreed to the second and the change to the resolution carried unanimously. 14. RESOLUTION 11563 APPROPRIATING FUNDS TO PURCHASE AND INSTALL A DIRECT EXCHANGE HEATER AT PARK WAY AND LOMA VERDE POOLS (Director of Parks and Recreation) The Park Way Pool was built in 1954 and Loma Verde Pool in 1970. During the winter months on alternating years when the swimming season terminates, the pool maintenance staff schedule major overhaul work. Repairs, additions, or adaptions are made as required to the heating, circulation, filtration, and heating systems which has enabled the City to extend their mechanical operating life. Both heating systems within the past two months have been found to be incapable of handling their respective heating requirements. The Director of Parks and Recreation and City Engineer recommended Council authorize replacement of the boiler heating systems at the Park Way and Loma Verde Pool and: (1) appropriation of $45,000 from the unappropriated balance of Park Acquisition and Development Funds. (2) direct staff to obtain bids. RESOLUTION OFFERRED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. Councilwoman McCandliss remarked purchases of this type should be made and considered at budget time. Since this is somewhat of an emergency, she voted for the resolution; however, she asked staff to note this expenditure during the budget process. 15. RESOLUTION I1564 ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTION OF THE TOWN CENTRE PARKING STRUCTURE (Director of Building and Housing) City Council Meeting - 12 March 13, 1984 On December 21, 1982, the Redevelopment Agency awarded a contract to C.E. Wylie Construction Company in the amount of I2,468,000 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. The structure has been completed according to plans and specifications. A contingency amount of $125,000 or 5% of the contract amount was set aside for the express purpose of funding change orders. A balance of I7,012 remains unexpended in the account. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. Mayor Cox noted the construction of the stairwells - there is the potential of people walking under the stairwells to bump their heads. He questioned whether some landscaping barricade could be erected in these areas to provide a protective measure. MSUC (Cox/Malcolm) to ask staff to report back on whether or not there is a need for some type of protective barricade around the stairwells at the parking structure. 16. RESOLUTION 11565 AMENDING RESOLUTION NO. 11398 RELATING TO LAND USE PLAN CHULA VISTA BAYFRONT PLAN (Community Development Director) AS part of the review of the City's Land Use Plan for the Bayfront project, the State Coastal staff requested the reserve designations be modified to include actual uses. This is a relatively new request and was not mentioned in previous reviews with the Coastal staff. Mr. Fisher, the Director of the State organization states that it is now their policy not to include reserve areas and suggested the City comply by designating uses for the reserve areas. In addition, several other clarification measures to the LUP were suggested. The Community Development Director recommended Council change the land uses from reserve status to other uses as proposed by staff along with other suggested modifications. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. 17. RESOLUTION AMENDING RESOLUTION NO. 11506 BY CHANGING THE LOCATION FOR ONE OF THE TWO BILLBOARDS IN THE MTDB BILLBOARD LITIGATION SETTLEMENT TO "J" STREET (City Attorney) This resolution would authorize the construction of one of the two previously approved billboards at the northeast corner of "j" Street and I-5. .ity Council Meeting _ 13 _ March 13, 1984 · Mayor Cox said he is not opposed to the location of the billboard; however, he would vote for it reluctantly. He questioned whether staff negotiated with the billboard company and MTDB as to their willingness to take down the billboard south of "E" Street. The City Attorney stated he did not. Councilwoman McCandliss commented Councilman Scott was quite interested in the location of this billboard. Since he is not present at the meeting tonight, she requested a continuance of this item. MSUC (Malcolm/McCandliss) to continue this item to the next meeting or whenever the City Attorney has his report - as soon as possible. 18. RESOLUTION 11566 PROVIDING FOR THE SPECIAL APPROPRIATION OF FUNDS FOR THE PURCHASE OF GIFTS FOR THE SISTER CITY OF ODAWARA, JAPAN {City Clerk) On April 12-19, 1984, a delegation from the City of Chula Vista will visit the Sister City of Odawara, Japan. Councilwoman McCandliss will be the official representative of this City and, as is the custom, will present gifts from Chula vista to the City of Odawara along with other gifts to the Odawara City Council. The resolution appropriates the sum of up to $500 for purchase of these gifts. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 19. REPORT OF THE CITY MANAGER a. REPORT REQUEST FROM BONITA OPTIMIST CLUB FOR ASSISTANCE IN CONSTRUCTING ASPHALT PAVEMENT {City Manager) At the Council meeting of February 27, John Crouse, representing the Bonita Optimist Club, requested the City assist in the construction of asphalt pavement for the purpose of a racetrack for the Blind Olympics by delivering the asphalt from the plant to the site. The City Manager recommended the City crews and trucks provide assistance by delivering eight {8) truckloads of asphalt to the Bonita Optimist Club and allow the use of the City's road grader for approximately one hour. MSUC {Malcolm/Moore) to approve the staff recommendation. City Council Meeting - 14 - March 13, t984 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 20. REPORT CHULA VISTA ART GUILD REQUEST TO CONDUCT ART MARTS ON LIBRARY GROUNDS (Director of Parks and Recreation) The Art Mart Chairman of the Art Guild has requested permission to conduct Art Marts on the Library grounds two days per month, April through November. MSUC (Malcolm/Moore) to approve the request. 21. REPORT SOUTHWESTERN COLLEGE REQUEST TO SPONSOR A CARNIVAL " (Director of Parks and Recreation) The Southwestern College Associated Students Organization requested permission to sponsor a carnival on college property for four days, March 29 through April l, 1984. Waiver of fees is also requested. MSUC (McCandliss/Malcolm) to approve the request subject to staff conditions. In answer to Councilman Malcolm's question, City Attorney Harron stated the City could acquire I5 million dollars insurance rather than the $1 million. Councilwoman McCandliss amended her motion to authorize the staff to go for the $5 million dollars. Councilman Malcolm agreed to the second and the motion as amended carried unanimously. 22. REPORT STATUS OF GREG ROGERS HOUSE MOVE (Community · Development Director) At a recent meeting, the City Council requested a list of studies to assist in focusing on the actions to be taken to establish the Greg Rogers House as a community asset. The house has been moved to a temporary storage site in the City's Public Works Yard. The Community Development Director recommended Council: (1) authorize staff to solicit proposals from the community as to use of the facility; and {2) direct staff to also conduct the following studies: a. site analysis of selected permanent locations; b. architectural services and costs to renovate; c. project financing including financing of the maintenance and upkeep of the structure; and d. programming studies. MSUC (McCandliss/Malcolm) to approve the report. Mayor Cox stated Mr. Richard Welsh, owner of the new school of architecture stated that he would have students to work on the renovation, as a class project. lIT City Council Meeting _ 15 March 13, 1984 23. REPORT SELECTION OF CONSULTING FIRM FOR THE PREPARATION OF THE DRAFT CHULA VISTA SPHERE-OF-INFLUENCE PLAN (Director of Planning) Pursuant to Council instructions, the Planning Department appointed an Ad Hoc Committee for the review of proposals for the preparation of the Draft Chula Vista Sphere-of-Influence Plan. This Committee met on Thursday, February 23, 1984 and considered the written proposals submitted by nine planning consultant firms. This consideration included the Committee's interview of representatives of the several firms as well as the perusal of their written proposals. The Director of Planning recommended fnstructing his staff to negotiate the terms of a draft contract with the firm of Mooney-Lettieri and Associates, Inc., and to submit the draft contract to Council for its review and action. The City Planning Department believes the employment of this firm for the preparation of the Draft Chula Vista Sphere-of-Influence Plan would best enable this City and LAFCO to meet the January l, 1984 deadline for the adoption of the Sphere Plan. The Draft Sphere Plan, as proposed by the firm of Moohey, Lettieri and Associates, Inc. would cost the City of Chula Vista approximately $27,000. MSUC (Cox/Moore) to approve the staff recommendation. Councilwoman McCandliss noted under the fiscal impact it did not list the financial analysis of the Montgomery incorporation for John McTyre. 24. REPORT REQUEST FOR INSTALLATION OF A LEFT-TURN POCKET ON "E" STREET AT TWIN OAKS CIRCLE (City Engineer) At the meeting of January 3, 1984, the City Council received a written communication from Mr. Ben Meyer requesting the installation of left-turn pockets on "E" Street at Twin Oaks Circle. The Council referred this request to the City Traffic Engineer and Safety Commission for study and recommendations. The City Engineer recommended the request be deferred at this time and be included in an overall traffic striping study on "E" Street between I-5 and First Avenue. MSUC {Malcolm/Moore) to accept the staff's recommendation. 25. MAYOR'S REPORT a. Mayor Cox noted that the Coastal Commission would be considering the Bayfront plan on March 27th beginning at lO:O0 a.m. There is a strong feeling,however, that this hearing could go for a long length of time. MSUC (Cox/McCandliss) to cancel the March 27 meeting and to continue those items that have been scheduled for that meeting to the meeting of April 3. City Council Meeting _ 16_ March 13, 1984 b. Mayor Cox thanked Councilwoman McCandliss for arranging to have Lieutenant Governor McCarthy of the State down this morning to tour the Bayfront. The Lieutenant Governor supported the plan indicating it would be environmentally sensitive and economically balanced. c. Mayor Cox announced that on April 5 in Washington, Congress will hear public testimony on the Flood Control Projects considered for the 1985 fiscal year. It w~s suggested by Supervisor Hamilton that at least one or two Councilmembers be present to testify. Mayor Cox asked for authorization to go along with one member of the Council in order to speak on both the Sweetwater Flood Control and Telegraph Canyon Creek Projects. MSUC {Malcolm/McCandliss) to approve no more than two members of the City Council to go to Washington to handle all the items facing the City(and funds for same). 26. COUNCIL COMMENTS a. Mayor pro Tempore Moore announced the next League of California Cities dinner would be held in Santee on April 26. b. Mayor pro Tempore Moore discussed the number of burglaries taking place in the City and the shift in the areas of the high burglaries. MSUC {Moore/Malcolm) to direct the City Manager to review the data and submit a report regarding changes of areas of the burglaries and recommendations that might be needed to reduce the burglaries in the City of Chula Vista. c. Mayor pro Tempore Moore asked the City Manager when a Conference is to be scheduled to review the priorities of undergrounding utilities. He made reference to the letter received from San Diego Gas and Electric (SDG&E) as to their allocation for underground utilities. City Manager Goss noted items have already been scheduled for Conferences in March and April. MSUC (Malcolm/McCandliss) for the City Manager to schedule a Council Conference on this item as early as convenient. d. Councilman Malcolm gave the Legislative report on SB 1750 the local transient occupancy tax on the RV's. He stated the recommendation of the Committee was to oppose. MSUC (Moore/Malcolm) to oppose SB 1750 and notify the appropriate Senate Committee. e. Councilman Malcolm congratulataed Mayor Cox on attaining the position of Director of the League of California Cities. ADJOURNMENT AT 11:00 p.m. to the meeting scheduled for March 20, 1984 at 7:00 p.m. WPG:0408C ~ LA~Z. C~ PAG , NN rl ~ '