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HomeMy WebLinkAboutcc min 1984/04/10 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, April lO, 1984 Council Chamber 7:00 p.m. Public Services Building ROLL CALL Councilmembers present: Mayor Cox, Councilmembers Scott, Malcolm, Moore, McCandliss Councilmembers absent: None Staff present: City Manager Goss, City Attorney Harron, 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. 1. APPROVAL OF MINUTES - (None) 2. SPECIAL ORDERS OF THE DAY a. PROCLAMATION DESIGNATING APRIL AS "CALIFORNIA RESOURCE RALLY MONTH" IN CHULA VISTA Since 1981, The City of Chula Vista has recognized April as the Greater California Resource Rally Month. The Parks and Recreation Department has coordinated litter control programs with various civic and youth organizations. The Rally is intended to promote recycling, resource recovery, litter control and increase community awareness. During the week of April 23 through 29, Boy Scout and Girl Scout Troops will undertake as a service project the pick-up of litter in their respective school community areas. In addition, a contest of litter control at six after school recreation program areas will be conducted. This item was trailed pending the arrival of a representative from the Girl Scout Council. 2b. Unanimous Consent Item RESOLUTION 11578 COMMENDING DR. LEONARD SERVETTER FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE CHULA VISTA CITY SCHnnL DISTRICT The Council commends Dr. Servetter for completing 34 years of service in the public school education including 20 years in Chula Vista with 9 years as Superintendent. Mayor Cox stated the resolution would be presented to Dr. Servetter at his retirement dinner on April 28. City Council Meeting _ 2 April lO, 1984 RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 3. WRITTEN COMMUNICATIONS a. Claim against the City: Cannan Real, 5841 Roanoke St., San Diego 92139 A claim was filed in the amount of $72g,143.15. The claimant is alleging personal injury as a result of harassment by a Chula Vista Police nfficer. MSUC (McCandliss/Moore) to reject the claim. b. Presentation by Chamber of Commerce re Promotional Brochure for Summer Olympics Mr. Lloyd Price, 85 "E" Street, member of the Chamber of Commerce, stated the money they are requesting (approximately ~13,000) is toward a visitor brochure and not specifically orientated for the Summer Olympics although they would like to have the brochure printed during this time to get full exposure. Mr. Price, Rick Diagos, Christine Willjams, and Niek Slijk all spoke in support of the City donating the funds toward this brochure. MS (Malcolm/Cox) to direct staff to bring back a resolution appropriating the $12,000+. Discussion on the motion involved having this come back at budget time to compete with other projects; the other brochures funded by the City such as the insert in Ithq Home & Garden Magazine; the funds for this brochure could come out of Redevelopment Agency nds and not General funds; a method of monitoring the distribution of the brochures for people coming into Chula Vista--perhaps putting in a coupon where they would return it to the Chamber; the timing of this request; money from the Business and Industry Committee (~3,000 to ~4,000) which was left to have a slide show of Chula Vista; for the Council to consider this not as an "expenditure" but as an "investment". The motion carried with the follDwing vote: AYES: Malcolm, Cox, Moore NOES: Scott, McCandliss ABSENT: None Mayor Cox noted that the resolution to be brought back would require a 4/Sths vote of the Council. Councilman Malcolm indicated it was no point in bringing back the resolution since the 4/Sths vote is not apparent. Further Council discussion followed regarding the timing aspect of this request; bringing a resolution back at the next meeting would not get the 4/Sths vote because Councilwoman McCandliss will be out of town for the next two weeks and Councilman Scott is voting against it; going out into the community to get matching funds. Mr. Slijk representing the Chamber stated the Chamber is City Council Meeting _ 3 _ April lO, 1984 spending ~25,000 on this particular brochure. They will putting inserts into the brochure listing restaurants, motels, and all businesses in the City. Fifty thousand brochures will be distributed. MSC (McCandliss/Scott) to refer this item to budget and that efforts begin to collect matching funds from the community. The motion carried by the following vote, to-wit: AYES: McCandliss, Scott, Malcolm NOES: Cox, Moore ABSENT: None PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 4. PUBLIC HEARING CONSIDEPd~TION OF REVISED DEVELOPMENT FOR LOTS 324 and 325 OF HIDDEN VISTA VILLAGE (WINDJAMMER CONDqS) - FINANCIAL SCENE, INC. (Director of Planning) a RESOLUTION 11579 APPROVING REVISED DEVELOPMENT PLANS FOR WINDJAMMER CONDOMINIUMS ON LOTS 324 and 325 HIDDEN VISTA VILLAGE This being the time and place as advertised, Mayor Cox opened the public hearing. Principal Planner Lee explained that this item involves consideration of a revised plan for the development of lots 324 and 325 of the Hidden Vista Subdivision with a lO0-unit condominium project to be known as The Windjammer. The proposed project is located at the northwest quadrant of East "H" Street and Hidden Vista Drive within the Rice Canyon Sectional Planning Area of the E1Rancho del Rey Specific Plan. Mr. Lee showed slides of the proposed development noting the proposed cluster plan of the development. The revised plan is for 100 units instead of 102 units, and the buildings will now be one and two stories rather than the original three stories. Council discussion followed regarding the open space proposed for the development and the composition asphalt roofs rather than the original tile roofs. Mr. Ken Baumgartner, McMillin Development Company, 2727 Hoover Avenue, NatiDOl City, submitted pictures to the Council showing similar homes they built in Rancho Scripps area. He stated the composition asphalt roof and architecture of the buildings were changed to conform to today's market. The homes will meet a broader spectrum, such as first-time buyers and related adults. Unit size will be 960 to 1484 square feet; 85% will have two-car attached garages with two tandem parking spaces. Mr. Baumgartner asked to have the name of Fossil Circl e changed to Windjammer Circle. 4 City Council Meeting - April lO, 1984 In answer to Councilman Malcolm's query, Mr. Lee responded this particular proposal does not have to go through the Design Review Committee. Councilman Malcolm expressed his concern regarding the image this development will have since it is on a prime location--"H" Street and 1-805. He would like to see the composition asphalt roofs changed. Mayor Cox interjected that he just conferred with the City Attorney and has been infonned that he has a potential conflict of interest; so he is excusing himself from the rest of this public hearing. Mayor pro Tempore Moore presided over the rest of the public hearing. Councilman Scott agreed with Councilman Malcolm's concern regarding the roof material and commented the Council could make a better decision if they were given samples of what the roof material would be like. Councilwoman McCandliss concurred stating she would like to see this go to the Design Review Committee. There being no further comments, either for or against, the public hearing was declared closed. M~ (Scott/Malcolm) to amend the resolution for appropriate language to be inserted in the resolution that the composition of the roof material be referred to the Design Review Committee. The motion carried with Mayor Cox abstaining. RESOLUTION AS AMENDED WAS OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved with Mayor Cox abstaining. Councilwoman McCandliss remarked that the way the motion has been worded, once the Design Review Committee approves this, it will not be coming back to the Council. She suggested a further amendment to the resolution. MSC (Scott/Moore) for further amendment to the resolution to state that whatever decision the Design Review Committee makes, it will come back to the City Council for final determination. The motion carried with Mayor Cox abstaining. 2a. PROCLAMATION DESIGNATING APRIL AS "CALIFORNIA RESOURCE Pd~LLY MONTH" IN CHULA VISTA The proclamation was presented at this time to the representative of the Girl Scout Council. 5. PUBLIC HEARING CONSIDEP~kTION OF TENTATIVE SUBDIVISION MAP FOR APPEL SUBDIVISION, CHULA VI~A TRACT 84-3 - APPEL DEVELOPMENT CORPOP~ATION (Director of Planning) a. RESOLUTION APPROVING THE TENTATIVE SUBDIVISION MAP FOR APPEL SUBDIVISION, CHULA VISTA TRACT 84-3 5 City Council Meeting - April lO, 1984 This being the time and place as advertised, Mayor Cox opened the public hea ring. Principal Planner Lee explained that the applicant is proposing to develop a " one-lot condominium project consisting of 44 units on a 1.S1 acre parcel located between the 500 block of Casselman and "D" Streets, 200 feet east of Broadway in the R-3 zone. · ' On March 14, 1984, the Planning Commission adopted the Negative Declaration issued on 15-83-26 which was forwarded for Council adoption and recommended approval of the tentative map in accordance with their Resolution PCS-84-3. In answer to Council's questions, Mr. Lee explained the difference between apartment and condominium development requirements. There being no comments, either for or against, the public hearing was declared closed. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. Councilwoman McCandliss asked to have this question of apartments versus condominiums discussed at the development procedural conference to be held scheduled later this month. 6. PUBLIC HEARING CONSIDEPJ~TION OF TENTATIVE SUBDIVISION MAP FOR LE TRIANON, CHULA VISTA TPd~CT 84-4 - THE WIECHERS CORPOP~ATION (Director of Planning) a. RESOLUTION APPROVING THE TENTATIVE SUBDIVISON MAP FOR LE TRIANON, CHULA VISTA TRACT 84-4 - THE WIECHER~ CORPOP~ATION This being the time and pl ace as advertised, Mayor Cox opened the public hearing. Principal Planner Lee explained that the applicant is proposing to develop a one-lot condominium project containing nine units on a 14,500 sq. ft. parcel located at 330 "G" Street in the R-3 zone. On March 14, 1984, the Planning Commission adopte~ the Negative Declaration issued on IS-81-50 which is forwarded for adoption. The Commission also unanimously recommended approval of the tentative map in accordance with their Resolution PCS-84-4. There being no comment, either for or against, the public hearing was declared closed. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting - 6 _ April lO, 1984 7. PUBLIC HEARING APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT TO ESTABLISH A SELF-SERVE GAS STATION AND CAR WASH AT THE SnUTHEAST CORNER OF RDNITA ROAD AND BONITA GLEN DRIVE (Continued from meeting of March 20, 1984} {Director of Planning) This being the time and place as advertised, Mayor Cox opened the public hearing. Director of P1 arming Krempl explained that on February 22, 1984, the P1 arming Commission approved an application for a conditional use permit to establish a self-serve gas station and car wash at the southeast corner of Donira Road and Bonita Glen Drive in the C-C-P zone. On March l, 1984, the Design Review Committee approved the precise plan on the same project. Both requests were opposed by the Planning Department, but for different reasons. The first was based on a land use issue of joint access between adjoining parcels; the second was based on internal circulation problems caused by a planned car wash, In January 1984, the City Council removed the subject property from the boundaries of the Bonita Glen Specific Plan. The City Council directed any ~ction on the development of the property to be forwarded as an automatic appeal; thus, the extraordinary four-fifths vote is required to overturn the decision of the P1 anning Commission. Principal Planner Lee submitted slides showing schematics of the proposed Shell station and noting the property has been under ownership of Shell for 16 years. They are proposing six pump stations along with a car wash. Mr. Lee discussed the exclusion of this property from the Bonita Glen Specific Plan; the internal and external traffic movement; the traffic signal which will placed on Bonita Glen Road and Donira Road; the direct access to the proposed development and to Lot "C" owned by Mr. Frank Ferreira; Design Review Committee's statement that the car wash would have serious constraints to the development of the entire project; and the landscaping of the proposed development. Director of P1 anning Krempl submitted a draft showing the Shell issues noting a 4/Sths vote of the Council is needed to override the approval of this Conditional Use Permit or a majority vote for the Design Review Committee. As to the land use, the approval could be for a 1) service station, 2) service station and car wash, 3) the specific plan. Under traffic, the concerns are with l) the off-site volume of traffic, 2) with the off-site conflict point, and 3) the joint access. Mr. Krempl noted the alternatives in making recommendations on any of the above issues. In answer to Council's questions, Mr. Krempl said a typical car wash generally takes a 40,000 square foot area; discussed the exit onto Bonita Road from Denny's Restaurant, and the traffic which would be generated from this service station as compared to a 7-11 Store. Further Council discussion ensued regarding the proposed $20 million development, a 16~story project for Lot "C"; concerns with funneling the traffic onto Bonita Glen; concern with excluding the Shell Oil property from the Bonita Glen Plan. City Council Meeting - 7 - April lO, 1984 Mr. Charlie Hart representing Shell Oil Company asked for approval of the proposal stating the original plan has always been to construct a car wash at the 1 ocation and at today's market, Shell cannot "make it" just to sell gasoline alone--they do have to have a subsidiary operation; this will be a 24-hour operation; against giving a 24-foot easement for road purposes on the south of their property; this situation should have been resolved at the time Denny's went in; it would wipe away 17 feet of their property and they would not be able to construct a car wash. Mr. Bill Robens,. 254 Camino Elevado, and Mr. Frank Fossati both representing Shell Oil Company, discussed both the external and internal traffic volumes indicating it would not be a major impact on the traffic flow along Donira Road; other uses could generate as much as three times the volume of traffic; most of the traffic would come during the peak hours when people are going to and from work; they are relocating their trash enclosure as recommended by the Design Review Committee; the distance between the No. 6 pump and the building is 16 to 20 feet, which is room for two vehicles to pass through; questioned why their landscaping was considered substandard. Mrs. Carol Freno, representing the Sweetwater Valley Civic Association, asked how certain members of the Council can vote on this issue and abstain from Item No. 25, which is a request for a moratorium on Bonita Road. City Attorney Hatton explained that this matter involves one specific development along Bonita Road which has no direct financial benefit to either Councilmen Scott or Malcolm. As to Item No. 25, if the moratorium was approved, it would impact generally all developments along Bonita Road, including interests involving the Councilmen. City Engineer Lippitt commented that if the building moratorium is passed, the Shell Oil station plan can be approved but they would not be able to get a bull ding permit. Mr. Gene York, 160 Brightwood Avenue, representing 805 Properties, related the background of the Denny's Restaurant and the Donira Specific P1 an. He expressed his opposition to the car wash stating it was not a good land use - at least, not until access is provided onto Bonita Glen Drive. Mr. Frank Ferreira, 270 Bonita Glen Drive, owner of Lot "C", took exception to Mr. York's comments regarding the inception of the Bonita Glen Specific Plan. Mr. Ferreira declared that approval of Denny's Restaurant was a "major blunder" for that particular location. It could have been moved 20 to 30 feet further away and not have the problems with the ingress and egress. Mr. Ferreira added the car wash as proposed was not the typical car wash people envision - it will be done very architecturally and would be an asset to the site. Mr. Paul Gibson, owner of Arco Station just east of this proposed site, noted potential problem with wet cars exiting from the car wash. He asked the Council to require this facility to have a restroom, air, and water. Proposed legislation is now going through Sacramento to make this mandatory. City Council Meeting 8 _ April lO, 1984 There being no further comments, either for or against, the public hearing was declared closed. Councilman Scott remarked the whole pl an would be destroyed by approving the service station with the car wash. It would not be of any benefit to the citizens of Chula Vista; it is an entrance into the City and should be developed as such. MSUC (Malcolm/Cox) to recertify the EIR-77-2 with the notation that the formation contained therein is adequate for the environmental review of this project. Councilman Moore explained the reason he voted for exclusion of the Shell Oil property from the Specific Plan was based on staff's report that the overall design of the property should conceivably be developed under a single property owner and this would not be accomplished. MS~(McCandliss/Scott) based on the findings contained in the "Findings" section of staff's report to deny the Conditional Use Permit, PCC-84-9, thereby overruling the decision oF the Planning Commission. The motion carried with Mayor Cox voting "no." MS (Cox/Malcolm) to approve the pl an as submitted minus the car wash. Councilman Malcolm asked to have additional landscaping (berm and depth) required. Mayor Cox stated this was the intent of his motion. Council discussion ensued regarding referring this matter back to the Planning Commission for comment or referring it to the Design Review Committee for further study. Substitute Motion MS (Cox/Malcolm) to refer this back to the Planning Commission (for comment) and Design Review Committee to approve the usage for a gas station without a car wash. City Attorney Harron noted the P1 arming Commission had al ready approved the service station; the Council can just approve the service station subject to the Design Review Committee's review. Motion changed to refer this matter to the Design Review Committee. The motion carried with Councilmen Scott and McCandliss voting "no.'~ City Council Meeting _ 9 April 10, 1984 8. ORAL CO~tiUNICATIONS a. Mr. Niek Slijk representing the Chamber of Commerce announced there will be a Salute to Business Bay on May 12. The Chamber has 78 backboards for the booths and he requested having the City crew paint the backboards and the Chamber provide the paint. Mr. Slijk also requested permission to screw hooks into the roof on the Civic Center beams in order to hook on the backboards. MSUC (Scott/Malcolm) to approve this request, and if there are any problems, staff to come back to the City Council. Mayor Cox noted there are several items which need a 4/Sths vote and said he would take them up at this time since Councilwoman McCandliss had indicated she may leave early. 20. RESOLUTION 11582 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO FIREWORKS FOR A FOURTH OF JULY FIREWORKS DISPLAY, APPROPRIATING FUNDS THEREFOR (Continued from April 3, 1984 meeting) (Director of Parks and Recreation) The resolution appropriates the sum of ~10,000 for San Diego Fireworks to conduct a fireworks display at "J" Street Marina, Wednesday, July 4, 1984. The display will be of approximately thirty to forty-five minutes duration. Mayor Cox reported donations have already been received as follows: Mr. and Mrs. Gene Grady, ~25.00; Rohr Industries, $1,000; Chula Vista Marina, $500; R. V. Park, ~500; Investments Incorporated, ~l,O00; Robinhood Homes, $1,000; and another donation of $1,OOO is expected. Councilwoman McCandliss expressed her concern regarding the way the appropriation of these funds have been scheduled and wondered what would happen at the next budget review. City Manager Goss remarked that if it is the policy of the City to have an annual fireworks display, it will be budgeted yearly. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 21. RESnLUTION 11583 APPRnVING AGREEMENT BETWEEN CITY OF CHULA VISTA AND MOONEY-LETTIERI FOR THE PREPAPd~TION OF CHULA VISTA SPHERE STUDY, APPROPRIATING FUNDS THEREFOR (Continued from April 3, 1984) (Director of Planning) Pursuant to City Council instructions, the Planning Department and principals of the finn of Mooney-Lettieri and Associates have met and negotiated the terms of an agreement for the preparation of a draft sphere-of-influence plan for the City of Chula Vista. The consultant's fee for the preparation of the Draft Plan and associated work would be ~26,930. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting _ 10 _ April lO, 1984 25. REPORT ON ACCIDENT STUDY FOR BONITA ROAD RELATIVE TO A REQUEST FnR A BUILDING MORATORIUM (City Engineer) On March 20, 1984, the City Council considered a request from the Sweetwater Valley Civic Association for a moratorium on development on Bonita Road. This matter was held and staff was requested to contact all local law enforcement agencies to determine the total number of accidents that have occurred on Bonita Road and report back to the City Council with an analysis of those accidents. Staff has submitted this report and is recommending the City Council not impose a building moratorium along Bonita Road at this time. Councilman Scott and Malcolm left the dias at this time due to a possible conflict of interest. Mrs. Carol Freno representing the Sweetwater Valley Civic Association stated their recommendation for the traffic study and for the moratorium still stands. Making reference to Mr. Ferreira's $20 million proposed project on Lot "C", she remarked she hoped he would construct a hellport on top of the building in order to provide for the traffic which would be generated by it. In answer to Mayor Cox's query, City Engineer Lippitt stated he is working with CalTrans and a letter is going out to them tomorrow to ask them to speed up their process of improvements at this intersection. It is now scheduled for the Fall and will be completed before the Christmas rush. MSUC (Moore/Cox) to accept the report and the staff recommendation. Councilmembers Scott and Malcolm abstained. 14. RESOLUTION 11584 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DELOITTE, HASKINS & SELLS FOR AUDITING SERVICES FOR FISCAL YEARS 1983-84, 1984-85 AND 1985-86 (Acting Director of Finance) On December 20, 1983, the City Council approved the staff's recommendation to accept the proposal of Deloitte, Haskins & Sells to provide auditing services for the City of Chula Vista including the Chula Vista Redevelopment Agency and directed staff to return with the required agreement. The recommendation is for City Council to approve the agreement for three fiscal years: 1983-84 (beginning July 1983), 1984-85 and 1985-86. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. Council discussion followed regarding potential conflicts of interest not only on Planning Commission type items but also on contracts. City Council Meeting _ 11 _ April lO, 1984 9a. Unanimous Consent Item RESOLUTION 11585 REITERATING ITS OPPOSITION TO THE LOCATION OF ANY "SANDER" TYPE WASTE TO ENERGY PLANT OR ANY OTHER USE INVOLVING THE STORAGE OR TREATMEMT OF HAZARDOUS DR TOXIC WASTE WHICH IS DELETERIOUS TO THE HEALTH OR SAFETY OF CHULA VISTA FROM LOCATING WITHIN CITY'S LIMITS OR SPHERE OF INFLUENCE (City Attorney) RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was read by the City Clerk, passed and approved unanimously. The resolution stated the Council on November 9, 1982, unanimously approved'a motion it would not consider the location of any SANDER plant at "J" Street and Bay Boulevard; it would not discuss SANDER at any future time; and the proposed "J" Street site for SANDER would expire "a natural death." Mr. Guy Litchey representing Citizens Action Network expressed his support of the resolution and applauded the Council for its action. MSUC (McCandliss/Malcolm) for a copy of this resolution to be sent to the Board of SuperVisors. CONSENT CALENDAR (Items 9-14) Items 9a and 14 were already considered. MSUC (Cox/Scott) to approve the Consent Calendar. 9. RESOLUTION 11586 ACCEPTING PUBLIC IMPROVEMENTS "L" STREET LIGHT INSTALLATION BROADWAY TO INDUSTRIAL BOULEVARD (City Engineer) On November 8, 1983, the City Council awarded a contract for installation of street lights on "L" Street from Broadway to Industrial Boulevard with Resolution No. 11451. The contractor, Lekaunas Electric, completed the street light project to the satisfaction of the City Engineer on April 2, 1984 and it is now appropriate to accept this work and make final payment. 10. RESOLUTION 11587 APPROVING AND GRANTING EASEMENT TO CENTRE CITY ASSOCIATES ON LOT 7 OF TOWN CENTRE TnWNSITE TRACT 2 AND AUTHORIZING THE MAYOR TO EXECUTE SAID GRANT OF EASEMENT (City Engineer) One of the conditions of approval of the construction of the Seafood Broiler Restaurant on Lot 2 in the Town Centre Focus Area was to obtain an easement from the City on Lot 7 (parking structure site). This easement is for installing bardscape and landscape as required by the Design Review Conmittee. The condition requiring that the easement be obtained was imposed by the Redevelopment Agency upon a recommendation by the Design Review Committee. The easement description has been prepared and is now ready for execution by the City. City Council Meeting _12 _ April lO, 1984 ll. RESOLUTION 11588 APPROVING AND GRANTING EASEMENT TO SDG&E ON LOT "F" OF HIDDEN VISTA VILLAGE AND AUTHORIZING THE MAYOR TO EXECUTE HID GRANT OF EASEMENT (City Engineer) As a part of San Diego Gas & Electric Company's underground electrical system in Hidden Vista Village Subdivision, the Company installed a handhole on Ridgeback Road just east of Beacon Place. Due to the fact that there is only 2-1/2 feet of right of way in back of the sidewalk in which the utility companies may place their facilities, the handhol e (6 feet wide) extends into the City's lot approximately 3.75 feet. 12. RESOLUTION 11589 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND STATE OF CALIFORNIA, CALIFORNIA STATE PERSONNEL BOARD, COnPERATIVE PERSONNEL SERVICES DIVISInN, FnR TEST RENTAL (Director of Personnel) The City of. Chula Vista contracts with the State of California, California State Personnel Board, Cooperative Personnel Services Division, for services required as part of the testing program. The services provided by Cooperative Personnel Services include preparing, constructing, and scoring written examinations administered during the testing process. All tests are rented with an original fee with an additional charge for each test booklet. 13. RESOLUTION 11590 APPR~VING AMENDED DEFERRED COMPENSATION PLAN (Acting Director of Finance) On Februa~ 18, 1975, the City Council approved a Deferred Compensation P1 an for the City of Chula Vista. The only change to the Plan has been to amend Article V and VI providing for "changes to enrollment." The proposed amended Deferred Compensation Plan updates the entire plan to conform to the latest IRS regulations. End of Consent Calendar. 14. RESOLUTION 11584 - see page 10. RESOLUTIONS AND ORDINANCES, FIRSI READING 15a. RESOLUTION ACCEPTING GRANTS OF EASEMENTS FOR STREET PURPOSES AND ~ FOR TREE PLANTING AND MAINTENANCE PURPOSES (City Engineer 15b. RESOLUTION APPROVING THE AGREEMENT WITH WILLIAM P. LEE RELATIVE TO HOLDING THE CITY HARMLESS, PAYMENT OF FEES AND UNDERGROUNDING OF UTILITIES (City Engineer) c. RESOLUTION APPROVING THE AGREENENT WITH WILLIAM P. LEE RELATIVE ~ TO LUMP SUM PAYMENTS OF MAINTENANCE AND OPERATION nF THE PUMP STATION THE DEVELOPMENT IS USING AND A REPAYMENT OF CONSTRUCTION COST OF SAID PUMP STATION (City Engineer) City Council Meeting 13_ April lO, 1984 Councilman Malcolm questioned the cost of this undergrounding project and what happens if the food store is not built in that location within the next 10 or 15 years. City Engineer Lippitt indicated he did not know the exact cost of the project at this time. Councilman Malcolm remarked the staff should recommend some type of time limit to require developers to put in the undergrounding instead of leaving it ipen indefinitely. MSUC (Malcolm/Scott) to refer items 15a, b, and c back to staff to come back with a report on the cost for the undergrounding. 16. RESOLUTION 11591 AMENOING CONDITION 17 OF RESOLUTION 11428 (Charter Point Subdivision) (City Engineer) City Engineer Lippitt reported the Charter Point Subdivision has completed 104 dwelling units and is ready to finish more units. According to the conditions of the subdivision, they can occupy no more than 104 units until Telegraph Canyon Road is widened on a temporary alignment between Otay Lakes Road and the existing widened section easterly of Paseo Ladera. City staff doesn't want them to widen the road now until an overall plan is worked out between Charter Point, EastLake and Getsten Companies for ultimate improvements on Telegraph Canyon Road. This agreement and subdivision proposes to accomplish both goals by allowing Charter Point to continue building upon receipt of a significant cash deposit. The recon~endation is that the Council approve modifying the conditions of the subdivision and approving an agreement with Charter Point to deposit $800,000 with the City as further commitment to the construction of these off-site improvements. RESnLUTION OFEERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. 17. RESOLUTION 11592 CONSENTNG TO JOIN AS AMICI IN THE GLENDnRA COMMUNITY REDEVELOPMENT AGENCY V. DE~ETER (City Attorney) The resolution would lend Chula Vista's support to an appeal of an attorneys fees awarded in an eminent domain action against a redevelopment agency. In Glendora Community Redevelopment A ency v. Demeter, the Agency abandoned an eminent domain action against the 2~fendant. The trial court then authorized attorneys fees to be awarded to the defendant in the sum of $672,996.80. The award was based upon a retainer agreement by which the attorney was to receive a fee equivalent to 25% of the value of the property in the event of an abandonment. The Agency contends that "reasonable" attorneys fees in this context cannot be contingent upon a retainer agreement and the court should independently determine reasonable fees to be awarded. If this ruling is allowed to stand, it could have a devastating effect on all public entities. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by uanimous consent, passed and approved unanimously. 14 City Council Meeting - April lO, 1984 18. ORDINANCE 2065 AMENDING SECTION 5.02.120 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO BUSINESS LICENSES GENERALLY - FIRST READING (Acting Director of Finance) In order to take advantage of quantity discounts, a three year supply of business license forms are ordered. The current requirement is to have a facsimile signature of the Director of Finance on the form. Any change in the position requires new forms. The proposed change would permit the use of the form regardless of personnel changes. MSUC (Malcolm/Moore) to place the ordinance on First Reading, the reading of the text was waived by unanimous consent, passed and approved unanimously. CONTINUED MATTERS AND SECOND READING OF ORDINANCE 19. ORDINANCE 2064 AMENDING CHAPTER 19.46 OF THE MUNICIPAL CODE RELATING TO CONDITIONAL USES AND PROHIBITED USES IN THE I-ZONE SECOND READING AND ADOPTION (Director of Planning) The amendment to the Code requires Council approval for those uses involving hazardous waste material s. The I-Zone lists certain uses to be prohibited while others would be subject to a conditional use review by the Council. The -. ordinance was placed on first reading at the meeting of April 3, 1984. 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. 20. RESOLUTION 11582 - see page 9. 21. RESOLUTION 11583 - see page 9. 22. RESOLUTION 11593 RELEASING LIEN AGAINST PROPERTY LOCATED ON THE EAST SIDE OF BAY BOULEVARD SOUTH OF "E" STREET (Continued From 4-3-84) (City Engineer) A recent title search of the property on the east side of Bay Roulevard, south of "E" Street, revealed the existence of a $9,500 lien against the property. This property was formerly owned by Harding Campbell. In 1971, Mr. Campbell was granted a deferral of the requirement to install public improvements along the frontage of his property. A lien was placed against the property to guarantee the future installation of these improvements. Since that time, the improvements have been constructed. The lien may now be released. City Engineer explained the City's involvement in this project. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 15 City Council Meeting - April lO, 1984 23. REPORT OF THE CITY MANAGER a. REPORT JOINT HIRING OF FEDEPJ~L LEGISLATIVE CONSULTANT On February 28, 1984 the City Council requested staff to report on the feasibility of entering into a joint arrangement with the cities of Coronado, Imperial Beach and National City for the purpose of hiring a lobbyist to represent these cities' interests before the Federal govenment. This referral was an outgrowth of a February 27th meeting of the South Bay Mayors and City Managers, at which Dr. William Chasey, President of the William Chasey Organization, was introduced. It was indicated that he would be willing to represent the four cities for ~24,000, or $2,000 a month, with the division of those fees among the cities yet to be determined. City Manager Goss noted the City Council took action on May 19, 1983 not to establish the position of lobbyist and/or grantsman, or hire the services of a lobbyist agency. His recommendation is to file the request. Mr. Goss added that if there is an interest in joining other cities in hiring a federal legislative consultant, he would recommend an RFP process be used. MSUC (Scott/McCandliss) to accept the recommendation of the City Manager. b. MSUC (Scott/Moore) to formalize the appointment of the new Director of Finance, Lyman Christopher. c. City Manager Goss stated the public hearing in the ntay Valley Area will be held at 7 p.m. on May lO at the Valle Linda School. Councilman Malcolm questioned how the people are going to be notified and asked that a mailing go out to all the residents of that area. d. City Manager Goss indicated there was some concern regarding the date for the development process conference tentatively scheduled for April 26. Inasmuch as Councilwoman McCandliss may not be back at that time, he will be contacting each of the Councilmen for a preferred date. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 24. REPORT PHONE NEEDS/AVAILABILITY IN CHULA VISTA PARKS (Director of Parks and Recreation) On February 21, 1984, Council, in response to an oral request from Mr. Quay Collicott, requested staff to investigate the availability of phones for emergency use in all Chula Vista parks. Council also asked staff to determine the location of the closest available phones to each City park, including residential phones, as well as a recommendation regarding the need and practicality of phone installations. The staff has submitted this report with the recommendation that Council not authorize any additional pay phone installations in park areas. MSUC (Malcolm/Moore) to accept the report. City Council Meeting _ 16_ April lO, 1984 25. See page 10. 26. REPORT REQUEST OF ROBINHOOD HOMEOWNER'S ASSOCIATION FOR FURTHER CONSIDEPJ~TION FOR MAINTENANCE OF PRIVATE STREETS (City Engineer) City Engineer Lippitt explained that at the meeting of January lO, 1984, Council directed staff to return with an agreement whereby the City will take over maintenance on a contractual basis for the private streets in Point Robinhood. Council directed that the streets would become the City's responsibility upon the condition that center island planters in the cul-de-sacs would be removed and any damaged pavement or broken curb and gutter would be repaired and brought up to City standards. Council also agreed to allow the homeowners of Point Robinhood to sell their current RV lot as long as it was relocated. The recommendation is to deny the request to take over the streets unless Council decides to change its policy direction of January lO, 1984. Council discussion followed regarding the relocation of the RV storage lot, staff policy regarding removal of street trees; liability of the City if they go in and maintain the streets remaining as private streets; enforcement of the CC&R's; money the homeowners will get from the sale of the RV storage lot would help maintain the streets for a number of years. Mr. Bill McBreen, 1650 Point Sol Court, President of the Homeowners Association, stated he had four meetings with the City Engineer and understood they came to an agreement "of sorts" on several points. Generally, the Association agreed to 1) take a vote of the homeowners as required by the CC&R's, 2) to remove the cul-de-sac trees which the Street Supervisor would deem to be potential problems and replant them with City-approved trees, 3) the Association would hold the City harmless against any problems following resurfacing of the street; 4) the Association would waive the requirements for City street sweeping of the cul-de-sacs as long as the City's street sweeping equipment proves inadequate; 5) the Association would hold the City harmless for accidents occurring in the cul-de-sac islands; 6) asking that the planters in the islands be retained; 7) there has not been a single accident in the cul-de-sac islands in the last seven years; 8) request to delete the requirements for the RV storage lot; 9) they wish to sell it as a residential site rather than relocating it on another site in the area; lO) referred to the City's award of "Tree City USA" for the third time and noting trees are critical for safety and good looks. Council discussion followed regarding: more information is needed as to the actual cost of chip sealing the area; if staff feels they should have a modification to the report, they should come back to the Council; from a cost/liability standpoint--the islands should come out unless there is a compelling reason not to do so; something should be put in the CC&R's as a stipulation whereby if there is a problem with RV storage on the private streets, the City would be a party to that section of the CC&R's and be able to enforce it; and this would take an agreement of the entire membership of the Homeowners Association. City Council Meeting ~17 April lO, 1984 MSUC (Cox/McCandliss) to refer this matter to staff and ask them to prepare whatever the appropriate documents would be to allow the deletion of the requirement for the RV storage lot in the Robinhood Subdivision and to stipulate the inclusion of a provision whereby the City would become a party of the CC&R's as it relates to the to enforcement of the storage on the private streets. Councilman Moore indicated his concerns to have the staff consider the following: 1) commitment from the homeowners association for removal of the trees which disturb the pavement; 2) replacement of the trees; 3) streets disrupted by pavement to be repaired according to City standards prior to the dedication of the streets; 4) Homeowner's Association to make a commitment to clean those hammer head streets that cannot be cleaned by City equipment; 5} the hold harmless agreements regarding the lack of sufficient sweeping because of the hammer head streets; 6} homeowners correct damage caused by the planters is they are allowed to remain; and 7) the chip sealing versus slurry sealing costs and liabilities. MS (Scott/Malcolm} to change the policy of the City (from what was offered before) to not accept them in any way and have them as public streets as in any subdivision. The motion failed by the following vote, to-wit: AYES: Scott, Malcolm NnES: Cox, Moore, McCandliss ABSENT: None Councilman Scott left the meeting at this time (ll:30 p.m.) MSUC (McCandliss/Cox) to refer these questions to staff, to have it come back with the agreement at the time it is supposed to come back. (Councilman Scott was absent). Councilman Malcolm expressed his pleasure in working with Mr, Bill McBreen, President of the Homeowners Association. 27. MAYOR'S REPORT a. Mayor Cox remarked the International Friendship Commission would like to dedicate the commemorative plaque at the Civic Center on May 12, the Business Salute Day. MSUC (Cox/McCandliss) to ask staff to report back to the City Council next week whether or not this is a realistic schedule. b. Mayor Cox announced that Thursday, April 26, is "Chula Vista Day at the Padres". The Padres will be playing Los Angeles with the game to begin at 1:05 p.m. City Council Meeting _ 18 April lO, 1984 c. Mayor Cox asked the Councilmembers to submit their vacation schedules to the City Clerk, as soon as they know them, in order for her to be able to schedule public hearings. d. Mayor Cox announced the deadline for the photo contest of the Bayfront area is May 18. 28. COUNCIL COMENTS a. Councilman Malcolm gave the Legislative Committee report: MSUC (Malcolm/Moore) to support AB 2468 and SB 1300 (long range local financing); SB 575 (joint several liability); and oppose SB 1861 (deleting representative from the San Diego County Region on the Air Resources Board). b. Mayor Cox announced the grand opening of the Town Centre shopping area will be held on April 27, 28 and 29. The Council recessed to the Redevelopment Agency meeting at 11:35 p.m. and reconvened as the City Council at ll:SO p.m. MSUC (Cox/McCandliss) to recess to Closed Session for matterd of personnel. The Council recessed to Closed Session at ll:50 p.m. and adjourned the meeting at 12:08 a.m. to the meeting scheduled for April 17, 1984, at 7:00 p.m. WPG :0417C NR/PAG