HomeMy WebLinkAboutcc min 1985/03/19 MINUTES OF A REGULAR M/~JI'iNG OF THE CITY COUNZIL
OF CI-F3A VISTA, CALIFORNIA
Tuesday, 7:00 p.m. March 19, 1985
Councilmembers present: Mayor Cox, Councilmembers Malcolm,
McCandliss, Scott, Moore
Councilmembers absent: None
Staff present: City Manager Goss, Assistant City Attorney
Gill, Assistant City Manager Asmus
Mayor COx announced the death of Eleanor Anderson, Councilwoman first elected
in April 1964 and served as Mayor in 1965.
PLEDGE OF ~T,T,]qlGI~TCE ~ ~ FLAG, SIT.RNT PRAYER
The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a ~Dment
of silent prayer.
1. APPRfTv'AL OF MfNUTES FOR THE MEETING OF MARC~ 12, 1985
F6~3C (Moore/McCandliss) for approval.
2. SPI~CIAL ORDERS OF THE DAY (None)
3. WR1Tr~ ~CATIflNS
a. REQUEST TO EXPEDITE COMPLETION OF PARKING LOT FOR SOUTH BAY SURGI-C~IVl~.R
BEING BUILT ON LANDIS AVI~qUE (Charles Umansky, M.D.)
Dr. Umansky stated the house to the south was to be removed and the parking
lot expanded to coincide with ccepletion of construction of the Surgi-Center
(end of April 1985). He requested expedition Of completion of the parking lot
to coincide with completion of the project.
City Manager Goss noted a letter received from the Community Development
Director which was forwarded to Dr. Umansky. The letter stated that the ]louse
on the premises would be relDvsd beginning March 21. A temporary DG base will
be placed to accommodate the parking on the site until staff has had a chance
to integrate both parking lots.
MSUC (Malcolm/Scott) to receive the letter.
b. REQUEST ORDINANCE REGULATING SIDE~Z~LK SALES BE WAIVED MAY 3 & 4, 1985 FOR
~ ~TTEE'S AS~qUAL ARTS & CRAFTS FESPIVAL (Chamber of Commerce)
City Council meeting 2 March 19, 1985
The Downtown Committee is planning to hold their Annual Arts and Crafts
Festival On Third Avenue between "E" and "G" Streets on Friday and Saturday,
May 3 and 4, 1985. They requested the ordinance regulating sidewalk sales be
waived and the Business License Ordinance be suspended for all Arts and Crafts
participants during the two day festival.
Councilwoman McCandliss ccmunented that the Council' s policy was to waive fees
for those sales having promotional purposes.
MSUC (McCandliss/Scott) to waive the ordinance regulating the sale end to
suspend the business licenses required.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
5. PUBLIC HEAR/NG PCS-85-2 CONSIDERATION OF T~TATIVE SUBDIVISION MAP
FOR C-EEL M~R, CHLLA VISTA TRALT 85-2 MITC~k~L N.
ANGUS (Continued from the meeting of March 5, 1985)
(Director of Planning)
a. RESOLUTION APPROVING THE T~TATIVE SUBDIVISION MAP FOR C-DEL MAR
CHULA VISTA TRACT 85-2
Attorney George D. Lindberg, 4201 Bc~ita Road, Bonita, representing the
applicant, requested the matter be filed. He explained that in light of the
total change in the neighborhood (construction of apartment units with South
Bay Pioneers) the applicant does not feel favorable toward development of
single-family residences in this area end will be back to Council with a
rezoning request.
Mr. Walter Heiberg, representing McMillin Commercial Realty, 2727 Hoover
Avenue, National City, stated they are negotiating with the property owner
trying to get something together for the development of this property end will
be coming back to Council in the near Euture.
bS~UC (Cox/Malcolm) to file this item.
4. PUBLIC HEARING CONCERNING CREATION OF A SEWERAGE F~EILITY
PARTICIPATION F~.'~.' (Continued from the meeting of
February 26, 1985) (Director of Public Works/City
Engineer )
a. ORDINANCE 2107 ADDING CHAPTER 13.14 TO THE CPEFLA VISTA MUNICIPAL
CODE ESTABLI~ING A SEWERAGE FACILITY PARTICIPATICN
F~/~- FIRST READING
This being the time end place as advertised, Mayor Cox opened the public
hearing.
Director of Public Works/City Engineer Lippitt explained that Chula Vista is
one of very few agencies which does not impose a charge against new
construction for sewage treatment plent and/or trunk sewer capecity. Staff is
! I r
City Council meeting 3 March 19, 1985
proposing that a sewerage facility participation fee be implemented so as to
permit the citizenry to be repaid for the investment to allow develoFeent of
Chula Vista. The system Of fees proposed is based on a charge of ~300 per
equivalent dwelling unit (EEU).
On February 26, 1985 Council continued the public hearing to allow sta£f time
to meet with Mr. Michael Spata representing United Enterprises' interests
relative to: (1) extension Of trunk sewers into his client's holdings, and (2)
the need for environmental processing of the ordinance because of its growth
inducing aspacts. Staff has met with United Enterprises representatives and
has modified beth the Fee Study and the proposed ordinance in a manner
designed to minimize or eliminate the expressed concerns.
Mr. Lippitt further explained United Enterprises was concerned with the sewer
line shown en the report going onto their property which has now been modified
in the report. The second concern was that the original ordinance discussed
growth which incorporated part of the United Enterprises property. United
Enterprises stated they needed more environmental report studies on this,
therefore, this particular paragraph in the report was taken out.
Mr. Michael Spata, representing United Enterprises, 1007 Fifth Avenue, San
Diego, thanked the Council and staff for the cooperation and courtesy in
conducting "healthy" discussions. Attorney Spata then read into the record
a letter from Patrick Patek, Vice President of United Enterprises concerning
Councilman Malcolm's recent ec~mnents regarding United Enterprises as being
unccoperative and planning for development of their properties against the
best interests of the citizens of Chula Vista within the City's Sphere of
Influence Study (a copy of this letter is attached to the minutes).
As to the Sewerage Facility Participation Fee, Attorney Spata stated their
issues have been completely addressed and they now support the ordinance.
Councilman Malcolm questioned Attorney Spata concerning the corporation's
proposed developments in the County rather than the City of Chula Vista and
noted the former Supervisor of the First District is now hired by the
corporation as a consultant. Mayor Cox and Councilwoman McCandliss indicated
their opinion that United Enterprises is a part of the ccmmunity of Chula
Vista and look forward to good relationships with the corporation in the
future.
There being no further coments either for or against, the public hearing w~s
declared closed.
Councilman Moore referred to the ordinance under C-1 whereby it states that
the trunk sewer fund shall be used for "paying all or any portion of the
Metropolitan Sewerage System capacity charges". Councilman Moore noted this
was the first condition on the ordinance thereby inferring it is the first
priority. If it reins in the ordinance, it should be a 4/5's vote of
Council to approve that requirement.
MSUC (Moore/Scott) to amend the ordinance to delete C-1 end have items 2 and 3
become Nos. 1 and 2.
City Council meeting 4 March 19, 1985
Director of Public Works/City ~hgineer Lippitt submitted his rationale for the
requirement indicating that since 1962, the citizens of Chula Vista have been
paying to build the Metro System. The City is using 6-7 million galluns
capacity per day. The purpose of the ordinance is that these funds can be
used to pay back the amounts which were overpaid. It will help to offset the
monthly rates being paid by the citizens. Councilman Scott cc~mented he bad
no problems with eliminating the requirement for a period of one year and the
have Council evaluate it after that time. Councilman Malcolm declared Chula
Vista was in the one-third category of having the lowest hook-up fee in the
County. Most of the cities charge 51,000 and more for hook-up whereas Chula
Vista enly charges 5300. He suggested this be raised to 5500-5600 since it
only encourages growth and subsidizes the developer.
Senior Civil Engineer Harshman explained his philosophy in including the
statement in the ordiD=~nce. It is simply a means of reimbursing the people
for expenses incurred so far. He hopas to propose a modification of the basic
sewerage charge which would be applicable to all properties and would
recognize the need for a reserve and for creating a fund for the eventual
modernization of the Metro System. Councilman Malcolm noted Mr. Harshman is
prol~osing another fee for the Council to consider implementing. Although he
would like to start generating revenues for the City he felt this matter
should be returned to the staff to see if these fees are adequate and to bring
back both reports at the same time. Councilman Scott agreed that Chula
Vista's fees were much too low and a study was needed.
b~UC (Cox/McCandliss) to place the ordinance on first reading, as amended, the
reading of the text was waived by unanimous consent passed and approved
unanimously.
MSUC (Cox/Scott) to direct staff to come back with further considerations and
justification for a higher sewerage participation fee at such time as they
come forward with the sewerage service charge.
Councilman Moore asked that the report address what is needed for future
repairs (such as the problem with the Country Club area sewers).
6. PUBLIC HEARING APPEAL OF P~ING ~SSION APPNDVAL OF CONDITIONAL
USE PERMIT PCC-85-12; R~QUEST TO CONSTRUCT A 24-UNIT
RESID]~TIAL STRUCTURE AT 270 "C" STROll' IN THE R-1
ZCNE - SOUTH BAY PIONEERS (Director of Planning)
This being the time and place as advertised Mayor Cox opened the public
hearing.
Director of Planning Krempl submitted slides of the property and noted the
applicant's proposal. On February 13, 1985 the Planning Cor~nission approved
the Conditional Use Permit for the construction of 24 units. The City Council
was apprised of this action as an information item and has called the
application up on appeal.
City Council meeting - 5 - March 19, 1985
The subject property consists of 2.21 acres with 661 feet of frontage along
the south side of "C" Street and a depth of 146 feet. The South Bay Picneers
Alcoholics Rehabilitation Center and associated parking are located on the
westerly 1.32 acres of the site.
The proposal consists of the construction of 24 residential units for alcohol
revery patients in two, 2-story structures with related parking on the
presently unimproved easterly portion of the property. The net residential
density for the 0.9 acres in question would be 27 dwelling units per acre.
It is staff 's opinion that the project as proposed fails to satisfy all of the
needed neighborhood concerns. The Director of Planning recfmunended reducing
the number of units from 24 to 12 and to arrange the units in a combination of
single-story duplex and/or triplex structures.
In answer to Councilman Scott's question, Director Krempl explained the staff
first considered a rezone of the property but upon reading the Code decided on
the conditional use permit process since the new construction will be a part
of the health care facility. Director Krempl referred to condition No. 5 of
the Planning Conmission Resolution which states "prior to the issuance of any
building permit or the expansion of the facility, the permittee shall enter
into an agreement with the City of Chala Vista insuring the use of the
facility shall remain consistent with the Ccnditional Use Permit. The
agreement shall be secured by a recorded deed of trust and satisfactory to the
City Attorney's office".
Director Krempl declared this condition gives the City fall control over that
development. Assistant City Attorney Gill cc~curred stating he is satisfied
this condition will protect the City's interest.
Councilwce~an McCandliss noted the trend of development in the neighborhood and
questioned who will pay for the street inprovements and when will this be
done. Director Krempl noted that the property to be developed to the north of
this property will have to put in a certain amount of the street
improvements. However, Block Grant monies for the improvements are available
through the CIP project and has already been allocated for the widening of "C"
Street.
Community Development Director Desrochers stated both the neighborhood and the
South Bay Pioneers qualified for Block Grant funds. It is an eligible
neighborhood and the road would De improved with these funds.
~ir. James H. Johnson, 424 Stoneridge Court, Bonita stated he is a member of
the }Roard of Trustees. He showed slides of the area noting the subject of the
proposed development; the topography below "C" Street; the roof of the
buildings will come in line with C Street; Planning Commission voted 7-0 for
approval; will be happy to work with the Design Review Committee; 12 units
would be too restrictive since they have a waiting list of people to be
accommodated; noted the density of adjacent developmP_nts; there are 98 parking
spaces available.
City Council meeting - 6 - March 19, 1985
Speaking in opposition were Peter Watry, 81 Second Avenue; J. Garcia-Granados,
30 Del Mar and Carol Smith, 275 Sea Vale Street. Their opposition was (1) the
area is an R-1 neighborhood; Council has been consistent in supporting the R-1
neighborhood; the three homes directly behind this proposed development would
be affected; the hcmes will lose their security and views; the noise factor
should be considered; the conditions of the original approval for the South
Bay Pioneers to develop their facility has not been adhered to; landscaping
and parking as proposed has not been met; there is loud music and bingo games
going on that disturb the neighborhood; there is "unbelievable traffic" to the
facility for some of their daytime and evening meetings; the conditional use
permit will become a permanent rezcale.
There being no further comments either for or against, the public hearing was
declared closed.
Councilman Malcolm remarked he has driven by and viewed the premises; however,
in light of the testimony given this evening, he would like to visit the site
again end also read the minutes of the meeting in which the South Bay Pioneers
received their permit. He suggested a continuance of this item for three
weeks.
MSUC (Malcolm/Scott) to reopen the public hearing and continue for three weeks
to the meeting of April 9, 1985.
7. PUBLIC HEARING APPEAL OF A PIANNING ~SSION PZC~IPd~filqT TO
ODNSTRUCT BLOCK ~ll.q AT 760 FIRST AVENUE AS
CONDITION FOR APPROVAL OF CONDITI(lqAL USE PERMIT
PCC-85-11 - ST. JGHN'S PARISH (Director of Planning)
This being the time and place as advertised, Mayor Cox opened the public
hearing.
Director of Planning Krempl showed slides and explained that on February 13,
1985 the Planning Commission approved Conditional Use Permit PCC-85-11 for a
Master Plan of Development to mDdify and expand the existing church end school
facilities at St. John's Parish located at 760 First Avenue. One of the
conditions for approval was the construction of a block wall along the
westerly beLndary of the property. St. John's Parish has appealed this
requirement.
The subject property is a 3.94 acre parcel with 260 feet of frontage along the
south side of Kearney Street and 630 feet along the west side of First
Avenue. The property is currently developed with a church and school (primary
grades ).
At the urging of staff, the applicant added to the plan a proposed 6-fcot high
masonry wall along the full length of the 685' westerly property line in order
to buffer adjacent residents on the west from potential noise and vis,~a]
impacts frem the parking and playground areas. When opposition of the wall
developed from the residents it was designed to protect, the applicant
requested of the Cc~unission that it be deleted from the plan.
City Council meeting - 7 - March 19, 1985
A petition opposing the wall was submitted to the Conunission by all four
residents abutting the westerly boundary of the property.
Director Krempl noted the three options available to the Council: (1) require
the wall to he established adjacent to the side lot line of the residential
properties - however, modify that section which extends across Milan Street to
something of the order of a wrought iron fence with gates; (2) to defer the
requirement of the wall at this time anal allow Phase I to proceed with
cemstruction and then to require the applicant to come back to Council and/or
construct the wall with the Phase 2 project; (3) if the Council wants to
eliminate the wall, staff would recormnesd replacement of the portions of the
missing wall that are in disrepair and to match consistant with the existing
fence along the property line.
Speaking against the requirement for the wall was Vince Orlofsky, 121 Millan,
Chula Vista; Glenn Casey, Senior Warden, 760 First Avenue, Chula Vista, St.
John's Parish Day School; John Johnstone, 851 Floyd Avenue, Chula Vista; and
William R. Standing Jr., 812 Corral Court, Bonita.
To the response of the Mayor, 15 people in the audience stood stating their
oppositien to the proposal for the wall construction. The protestants stated
in sunmk3ry: (1) resided in the area since 1953 and have never had a complaint
regarding noise; (2) there are no pollutants in the area generated by this
facility; (3) the school has been credited by the Western School and Colleges
with a recommendation to expand the facilities in order to give the childran
more room; (4) there are 255 students on the campus; hewever, the 7th and 8th
graders are using facilities off campus; (5) the antire student body come over
to the facility every Wednesday for chapel services; (6) as a compromise, they
would propose to replace the existing fencing with wooden and chain link
fencing and install landscaping along its perimeter; (7) the property owners
bordering the fence are opposed to the masonry wall; (8) the 1200 parishioners
ere concerned with the requirement for the wall because of the graffiti and
vandalism; (9) the church will ass~ne all responsibility for upkeeping and
maintenance of the fence; (10) it will cost over ~30,000 - ~40,000 to put up
the masonry wall and the church cannot afford this; (11) the reason for the
barbed wire on top of the fence was because the church experienced quite a bit
of vandalism in previous years and the Planning Conmission gave approval to
install the barbed wire.
Mr. Casey stated he wished to ask for a waiver of the appeal fee of ~375.
Mayor Cox asked Mr. Casey to write a letter to the Council, as this is a
separate item.
There being no further conunents either for or against, the hearing was
declared closed.
Mayor Cox said he was impressed with the unanimity of the neighbors in
supporting the church's position.
City Council meeting - 8 - March 19, 1985
MSUC (Co0{/Scott) to grant the appeal (bring back a resolution) subject to the
following conditions: (1) the requirement for the existing wooden fence to be
replaced with a consistent type of wooden fencing; (2) the chain link with the
barbed wire fence be removed and replaced with a consistent type of chain link
fence; (3) the landscaping be part of the requirements; (4) a requirement to
take a look at the block wall at such time as Phase 2 proposals come in for
consideration; (5) pursuant to the request of the Planning Director, the
church may be required to prepare a noise study which considers the impact of
the Church operation upon the adjoining properties - said noise study may be
required at any time and shall be completed within 60 days after the
Director's request. In the event such a noise study reveals an adverse
environmental impact on the adjoining properties, the church shall be required
to construct a 6'masonry wall along the westerly property line - said w~ll
shall be reduced to 3-1/2 feet in height within the front setback along "K"
end Keurney Streets.
Council discussion of the motion followed regarding the requirement for the
noise study done as a mechanism for the construction of the block wall if
needed; the noise level study can be called at any time there is a complaint
frcm the residents in the neighborhood; the language of the motion being too
broad; the question is whether or not a fence is needed; have the motion
include a deferral of the masonry block wall for the Phase I construction and
then have it completed in Phase 2; requirement of block wall in Phase 2 is not
an automatic requirement; Phase 2 would be brought back to the City Council
for consideration.
Mayor Cox stated he will withdraw (~ from the motion and substitute the
language that there be a deferral of the block wall for Phase 1 and it will be
considered in conjunction with Phase 2.
8. PUBLIC HEARING PCS-84-7 EASI'IAKE I, CIaULA VISTA TRACT 84-7,
~ DEVELOPMENT COMPANY (Director Of Planning)
a. RESOLUTICXq 11960 APPROVING TMqTATIVE MAP FOR ~ I VTT.T.AE~E kND
BUSINESS C~IN'r~ - CHULA VISTA TRACT 84-7
This being the time and place as advertised, Mayor Cox opened the public
hearing.
Principal Planner Lee submitted slides and explained that the subdivision m~p
filed for the FastLake Village and Business Center encompasses 384+ gross
acres of land proposed to be subdivided for ccemercial, residential and
industrial use. The map is the last phase of EastLake I. The Environmental
lumpact Report, EIR-84-1 was certified by the City Council on January 29, 1985.
The map is divided into four primary land divisions. The EastLake Business
Center which is divided into 3 units or phases will accommodate high
technology, non-high technology and multi-tenant industrial of approximately
2 million sq. ft. of uses is located on lots lying east of EastLake Parkway
and north of Otay Lakes Road. The EastLake Village Center located prinmrily
on the west side of EastLake Parkway will provide for retail commercial and
office activities as well as residential.
City Council meeting 9 March 19, 1985
Approval of the subdivision map proposes over 70 acres of
commercial/residential and 158 acres of individual development. Five percent
or 119 low and moderate income units must qualify for low income families. It
is anticipated that these units will be constructed within the proposed
Village Center area.
EastLake is planning for the dedication end construction of a high school and
one additional elementary school in the area located south of Telegraph Canyon
NDad outside the boundaries of the subdivision.
The Village and Business Center subdivision will emphasize landscaping along
the scenic routes of "H" Street and Telegraph Canyon NDad as well as the area
abutting SR 125.
The proposed construction of 641 detached units and 1,339 multiple family
units within the Hills and Shores area resulted in just over 24+ acres of park
land in the area west of SR 125. The 405 units planned within the Village
area will have access to those parks. A private park of 7 acres is proposed
for the industrial lots in Unit #2.
Since EastLake is obligated for all the necessary public facilities as part of
the SPA and financial plan, the subdivision ccnditions recommend the w~iver of
any fees connected with parks or residential construction tax.
Mr. Lee further explained that the Planning Commission approved the map
subject to 67 conditions. Mr. Lee stated the on and offsite portions of SR
125 extending to Highway 54 will be required with Phase 4. Mr. Lee noted
condition No. 10 should read "landowner" rather than "homeowner" and that
condition No. 30 should be deleted.
Mr. Bob Santos representing FastLake Development Company, 701 "B" Street, San
Diego, stated EastLake is in agreement with all of the staff conditions. In
answer to Councilwoman McCandliss' question, Mr. Santoo stated they are in
compliance with school requirements and will not be granted a permit until
school issues have been satisfied. Mayor Cox said he received a complaint
regarding the location of the construction trailer on the premises indicating
this may be considered by the City Council on April 2. Mr. Santos stated he
will contact staff in the morning regarding this ccmrplaint.
There being no further comments either for or against, the hearing was
declared closed.
Council discussion followed regarding the connection of State Route 125 to
East "H" Street and the diamDnd interchanges proposed.
RESOLUTION OF~'ERED BY MAYOR COX, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
Fayor Cox called for a recess at 9:35 p.m. The meeting reconvened at 9:40
p.m.
City Council meeting - 10 - March 19, 1985
Mayor Cox did not return to the dais at this time and Mayor pro Tempore
Malcolm presided over the meeting in the absence of the Mayor.
9. ORAL ~CATIONS
a. Bess Pocklington, 656 Glover Place, Chula Vista stated she
appreciated having the Council send the Mayor to Washington to talk
on Revenue Sharing indicating it was a "terrible legacy" to leave
for future generations. Mrs. Pocklington discussed the pollution
from Pohr Industries asking that a noise study be done. She
referred to the explosion recently at the Scripps Ranch noting this
Fluid Systems was the same material being proposed for the park area
in Chula Vista. At that time, she questioned whether there ~Duld be
any hazardous toxic material placed on the property and the answer
was "no"; however, the Envircrnnental Impact Report did not cover
this aspect.
MSC (McCandliss/Malcolm) to refer to staff the question of a noise study for
l~Dhr and coma back with a report to the Council on a planning study.
Councilman Malcolm suggested the study also include the San Diego Gas end
Electric plant. Councilwoman McCandliss agreed and included it in the
notion. Councilman Moore stated he would like to sea the report cover the
justification for the study - what would be involved and why. The motion
carried with Councilman Scott voting "co" and the Mayor absent.
MSC (Malcolm/Scott) for a report to come beck on the Cappoe site with Fluid
Systems - if they are permitted at the present time and the status on it.
CONSMqT CAT.FNDAR (10-15)
MSC (Malcolm/McCandliss) to approve the Consent Calendar. Mayor Cox was
absent. CoLmcilman Malcolm requested Item No. 12 be pulled.
10. RESOIj3TION 11961 APPROVING AN APPLICATION FOR STATE BLOCK GRANT FUNDS
UNDER THE ROBERPI-Z ' RR~G URBAN OP~ SPACE AND
RECREATION PROGRAM TO PalqOVATE NORMAN PARK CMqTER
(Acting Director of Parks adz1 Recreation)
The City of Chula Vista is eligible to apply for an Urban Open Space Grant in
the amount of ~4,000 in Fiscal Year 1984. These funds will augment funds
proposed in the 1985-86 Capital Improvement Program to renovate the Norman
Park Center. The renovation project will include the following major work:
installation of air conditioning unit for the older section of facility,
remodeling of restrooms, interim painting, remadeling of kitchen and other
minor repairs. Application for these funds must be made to Sacramento before
May 1, 1985 to allow adequate tima to process an agreement.
City Council meeting - 11 - March 19, 1985
11. RESOIj3TION 11962 APPROVING AND AUTHORIZING THE CITY ENGIN~:~:R TO
EXECUTE CHANGE ORDER NO. 1 FOR C(DNS~IGN OF SEI~ER
FACILITIES TO SERVE RCHR PARK RESTROOM (Director of
Public Works/City Engineer)
M. Arrieta end Sea, Inc. was awarded (Resolution 11815) the contract for
construction of sewer facilities to serve the Rohr Perk restroom. The
contract is dated Jenuary 8, 1985. The contractor has agreed to credit the
City with ~3,292.00 as a deduction in contract price to sow seed in the park
areas instead of placing sod as required by the ccmtract specifications.
13. REPORT CHULA VISTA ART ~JILD REQUEST TO ODNDUCT ART MAi{PS (Xq
LIBRARY GRCYjNDS (Acting Director of Perks euld
Rscreation)
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. A
Waiver of fees is also requested.
Staff recommended Council: (1) approve the request to conduct Art Marts on
City property and (2) disapprove the request to waive fees.
The Acting Director of Perks and Recreation recon~nended denial of the Art
Guild's request to waive business license fees since funds derived from sale
of paintings profit the members only. A waiver of business license fees my
be granted where a major portion of net receipts are to be used solely for
charitable or benevolent purposes within the City and not for the purpose of
private gain of any individuals.
14. REPORT REQUEST TO ODE RUMMAGE SALE ON CITY PROPERTY
(Acting Director of Parks and Recreation)
The Bonita Vista High School Boosters Club is planning a fumd raiser for the
boys end girls soccer program at Boaita Vista High School. The Booster Club
has requested permission to use the City owned property adjacent to Jimmy's
parking lot on Bonita Road on April 20, 1985. Staff recommends approval
subject to certain conditions.
15. RESOI/3TION 11963 APPROVING SUPM,E~ZNTAL APPROPRIATION FOR TM~PORARY
NmI.P IN PERS(k'a~EL DEPE (Director of Personnel)
During the second quarter of fiscal year 1984-85, the Principal Personnel
Analyst responsible for performing recruitment end selection functions took
maternity leave and a temp(~rary Personnel Analyst was eamployed. The temporary
Personnel Analyst was kept on to assist in the heavy recruitment and selection
workload. The monies for funding the temporary position for this period of
time were available with the budget of the department.
The Director of Personnel is requesting a supplemental appropriation of ~6,450
to enable the employment of the temporary Personnel Analyst for the remainder
of the fiscal year.
End of Consent Calendar
City Council meeting - 12 - March 19, 1985
12. RESOLUTIClq SUPPORTING "RETUi~q TO SENDER PLAN" DEALING WI~q
b~DCICAN SEWAGE (City Attorney)
Councilman Malcolm stated he is not sure if Chula Vista should get into the
issue of which legislator has the best plan. He recommended the Council take
no acticn fin this.
~ (Malcolm/Scott) to file this resolution.
22. REPORT REQUEST TO INSTALL OUTDOOR LIGHTING NEAR BASE OF
BC~ITA V~;.nRy ~ITY TREE AT THE DUCK POND (Acting
Parks and Recreaticn Director)
The Bonita Valley Garden Club has requested permission to install outdoor
flood lights near the base of the GOlf Course Deck Pond. The club has
sufficient funds remaining from their Christmas Tree Drive last December to
purchase and install these fixtures.
Staff reco~nended approval be granted under the following conditions: (1)
approval must be obtained frce American GOlf Inc; ( 2) the monthly utility
charges for lights be paid by the club (approximately ~450 per year); end (3)
maintenance and repairs of fixtures be the responsibility of the club.
Fran Monroe, 3831 Country Trails, Bonita, representing the Garden Club stated
the limits would be a beautification to the area end would also be security
lights for the maintenance shed and for the joggers and horseback riders using
the trails after dark. Since there are only 35 members in the club, they
cannot afford the ~450 annual utility bill. Mrs. Mcnrce announced that the
State of California Garden Clubs and the National Council of Garden Clubs have
designated Bonita Road (I-805 to San Mignel }~xDad) the Blue Star Memorial
Bi-way. A plaque will be installed next to the tree.
In answer to Councilman Moore's question, Mrs. Moarce stated there would be no
objection to three floodlights. Councilman Malcolm noted the Council will be
considering, at budget time, turning beck street lights throughout the City
and indicated this particular request should be considered at that time also.
Councilman Moore commented that the City contributes to things having
aesthetic value, such as fotmtains, etc.
MSUC (Moore/Scott) to accept the staff report end reco~nendations and to
consider the request during budget sessions in the priority of expenses.
RESOI/3TIONS AND ORDINANCES, FIRST READING
16. RESOLUTION 11964 AWARDING CONTRACT AND APPi~OPRIATING ~3NEIS FOR
PURiF~%SE OF NEAX 2400 TRLFCCM~3NICATIONS SYSi'~M
(Principal Administrative Analyst)
At its December 18, 1984 meeting, the City Council authorized staff to enter
into final negotiations with Telecom Plus of California regarding final system
configuration and purchase price for a NFAX 2400 Telel~hone Switch and
associated equipment options. Staff has submitted a report which summarizes
the proposed final sales and maintenance contracts recommending Council:
City Council meeting - 13 - March 19, 1985
1. Appropriate funds and award contract to Telecom Plus of California
for the purchase of a NEAX 2400 Telecommunications System in the
principal amount of approximately ~279,000 including tax, freight,
options, Pacific Bell Telephone reconnect charges and 4% contingency
factor (contingency = ~10,220).
2. Appropriate funds and authorize staff to enter into a contractual
agreement with Account-A-Call Corporation (a telephcne service
bureau) for the purchase of station message detail recording
services for the management of the telephone system. Contract
amount for one year including database setup, equipment purchase,
tax, and equipment installation is approximately ~6,110.
3. Appropriate funds and authorize staff to install, either through the
use of the vendor, City forces, or selection of a private contractor
through an informel bid process, conduit for telephone cable between
the Police Department ( i .e., telephone switch location) and the
Library. The vendor has estimated installation for two 4-inch
conduits and additional wiring at approximately 313,300.
4. Authorize staff to pursue financing through the California Cities
Financing Corporation.
RESOLUTION OF~'ZRED BY COUNCILMAN MALCOLM, the reading of the text was waived
by unanimous consent, passed and approved with Mayor Cox absent at this time.
Councilman Moore coxmplimented the staff on an excellent report.
17. RESOLUTION 11965 A3JFflORIZIlqG PURCHASE OF DATA MCATIONS TERMINAL,
PRINTERS AND SUPPORT EQUIPMENT APPROPRIATING FUN[~
AND WRIVING BID REQUIMS (Director of Public
Safety)
The Public Safety Comrm/nieations/Information System has been utilizing several
computer terminals, printers and related support equipment to obtain
information that is vital to the achievenent of the Police Department's goals
and objectives. The equipment currently being utilized is being rented and
some of it nmst be replaced in May or June of 1985. The City is proposing to
purchase new equipment that will replace the current rental equipment (annual
cost is ~26,628).
The cost of the proposed equipment is about ,46,740. The annual maintenance
cost would be abut ,5,320 the first year and ,7,120 thereafter. The
terminals, data communication switches, and moderns, will be purchased frc~n
different vendors, and there is only one known vendor for each that can
provide the capability required for the proposed configuration. A waiver of
bid requirements is therefore recommended for these items. The printers,
modem sharing unit, and line booster can be purchased from various vendors and
will be subject to normal purchasing procedures.
City Council meeting - 14 - March 19, 1985
~18,000 is available in account 1030-5298 to help pay for the proposed
equipment. An additic~al ~28,750 will need to be appropriated from the
unappropriated balance of the General Fund.
RESOLUTION O~'~'BRED BY OOLEqCILWOMAN MCCANDLISS, the reading of the text was
waived by unanimous consent, passed end approved with Mayor Cox absent.
,* 18. RESOLUTION 11966 AUTHORIZING THE EXPtlqDITURE OF ~35,000 TO SAN DIEGO
GAS AND ~.RCTRIC CC~PANY FOR T~E PURPC~E OF PI~DVIDING
A DEPOSIT FOR THE EXTENSION OF A NATURAL C4~S LINE
FASTERLY ALCNG OTAY VAT.L~Y ROAD AND NORTHERLY ALON3
PRO3ECT AREA (Co~nunity Development Director)
An economic Development R~volving Fund has been established in the Community
Development Block Grant budget for the purpose of assisting developers with
the provision of offsite improvements an a reimbursable basis in the Otay
Valley Road area. It is proposed that $35,000 of these funds be used to pay a
deposit to SDG&E which is required for the extension of a natural gas line in
Otay Valley Road eastward to the intersection of Mexwell Road and then
northward along Maxwell Road. This line will serve anticipated development on
the north and south sides of Otay Valley Road as well as the Sammis Properties
subdivision currently being graded on the west side of Maxwell Road. AS new
industrial firms hook up to the gas line, deposits they pay to SDG&E will be
reimbursed to the City until the City's entire deposit has been reimbursed.
RESOLUTION OFFERtD BY COIlqCILMAN MOORE, the reading of the text was waived by
tnanimous consent, passed and approved with Mayor Cox absent.
CONTIM3tD M~'rEaS AND SEOOND READING OF ORDINANCES
19a. RESOLUTION 11967 APPROVIN~ AGRFm~NT BETW~:~N THE CITY OF CHULA VISTA
AND F. MaeIE BI~0~N, INC. TO PROVIDE LEGAL
SERVICES FOR PRDPOSED ASSESSM~qT DISTRICT NO. 85-1
(IAS F/3DRES DRIVE) (Continued from the meeting of
March 12, 1985) (Director of Public ~brks/City
Engineer)
b. RESOLUTION 11968 APPROVING AGRk~M~qT BEIWEEN THE CITY OF elrlA VISTA
AND }[RINWOOD STUI~SEON TO ACT AS ASSESSb~tqT
ENGIN~:~:R FOR PROPOSED ASSESSM~qT DISTRICT NO. 85-1
(LAS FLORES DRIVE)
c. RESOLUTION 11969 APPRDVING AGRRWl~iNT E THE CITY OF (14UIA VISTA
WORK FOR PROPOSED ASSE DISTRICT NO. 85-1 (LAS
FIXDRES DRIVE)
:- As a result of Council approval of a report on Las Fleres Drive and "D" Street
between Second Avenue and Minot Avenue north of "E" Street, at their meeting
em December 18, 1984, the City Council approved a recommendation which
directed staff to proceed with the formation of an assessment district for
modified Zone 1 along Las Flores Drive north of "D" Street.
City Council meeting - 15 - March 19, 1985
Director of Public Works/City Engineer Lippitt reported that in the process of
forming Assessment District No. 85-1 (Ta~ Flores Drive), three ares of
expertise are needed. These- areas include special legal counsel, an
assessment engineer and an engineer of work.
The firms of F. MacKenzie Drown, Inc., Bement-Dainwood Sturgeon, and Algert
Engineering, Inc. were selected because of their expertise in the various
fields and past involvement and history of the project.
The City's cost will include ~26,000 from funds previously budgeted. The
monies will be reimbursed to the City should the assessment district be
alpproved by the City Council.
Councilman Moore questioned the payment to the Algert ExK3ineering Corporaticn
since it was not in the resolutian. Director of Public WOrks Lippitt stated
the payment will be ~37,750 as noted in the agreement.
RESOLUTIC~qS OFFERED BY COUNCII~4AN MOORE, the reading of the texts were waived
by unanimous consent, passed and approved with Mayor Cox absent.
Mayc~ Cox returned to the dias as this time.
20. REPOR~ OF ~ CITY MAN~f=ER
a. City Manager Goss reported that at the Redevelol~nent Agency meeting on
Thursday, March 21, staff will show a video tape of a Channel 8 feature
on Chula Vista and an example of a run done by staff.
b. MSUC (Cox/Scott) for a Closed Session and the ccmpletion of the meeting
for purposes of discussing Chula Vista vs. County of San Diego (Otay
Mesa lawsuit) and for Fotential litigation.
c. M3NICIPAL PURSUIT QUESTION - City Manager Goss answered the following:
(1) During 1983-84 which library in the state serving 50-100,000
population circulated the most books per hour? Answer - Chula
Vista.
(2) How many books per hour were circulated? Answer 293.75
(3) What was Chula Vista's population at its incorporation in 19117
Answer - 510.
REPORTS OF OFFICERS AND DI1DE HEADS
21. REPOi~ STATUS OF STATE IlqTERPRISE ZC~qE LEGISLATION
(Conmunity Development Director)
The State has recently approved two bills concerning the establishment of
enterprise zones to encourage business and job development. The City of Chula
Vista includes an area which is eligible for participation under one of the
bills: AB40. Under the guidelines of this enterprise zone program, the City
may apply for eligibility for one industrial area and one commercial area
geographically related to the City's eligible area.
City ~ouncil meeting - 16 - March 19, 1985
Under AB40, the Department of Commerce has demarcated eligible areas for
proposed enterprise zone applicatiens throughout the State. The City of Chula
Vista contains an eligible area that is roughly bounded on the north by th~
City limits on the east by Broadway, on the south by "L" Street and on the
west by the Bay. This area includes the Bayfront Redevelopment project area
and also includes the Town Centre Redevelopment project area, subarea.
The Community Development Director recommended the Council direct staff to
prepare an application for assistance under the State sponsored enterprise
zone program for the Otay Valley Road Industrial area and the proposed
Bayfront tourist-commercial area.
MSUC (Scott/Moore) to accept the report and staff recommendations.
22. See page 12.
23. MAYOR ' S REPORT
a. Mayor Cox announced that Chula Vista Eey at the Padres is scheduled for
Thursday, May 9 beginning at 1 p.m.
b. Mayor Cox asked the Council to designate a Delegate and an Alternate for
the League of Cities Conference in Washington D.C. (March 23 March
26, 1985).
MOtion made by Mayor Cox to designate Councilwoman McCandliss as the Delegate
and Councilman Scott as Alternate. The motion died for lack of a second
sotion.
MSUC (McCandliss/Scott) to designate Mayor Cox as the Delegate and
Councilwc~nen McCandliss as the Alternate.
c. Mayor Cox reported that the County of San Diego took action today not to
approve the property tax agreement for the Broadway/Palomar annexation.
Their staff was directed to make additional contact with the cities to
discuss other items.
24. COL~qCIL ~S
a. Councilwoman McCandliss stated she has observed graffiti ~ a utility box
and retaining wall on "H" Street between either First or Second Avenue
and Hilltop and questioned whether it was the City's responsibility to
remove this.
MSUC (McCandliss/Moore) for staff to look into this and report hack to Council.
b. Councilwoman McCandliss responded to Councilman Malcolm ' s remarks
concerning lack of cooperation on the part of United Enterprises. She
stated Councilman Malcolm is speaking his own views end not that of the
Council. She supports the Slyhere of Influence Study and noted that
althou~l United Enterprises is not in support of the study, the City has
no legal right to take their property. She added the City should fight
for its own position and then work through a cooperative negotiation with
United Enterprises.
City Council meeting - 17 - March 19, 1985
c. Councilman Scott distributed a demogral~hic profile which was conducted by
the Star News.
d. Councilman Moore said he will be flying to Sacramento on behalf of IAFOD
to oppose the Craven Bill - adding a member at-large or a special
district on LAFOD Board.
e. Councilwoman McCandliss commented she is impressed with the meetings held
with United Enterprises representatives in connection with the sewer
assessment and is looking forward to working with them in the future. In
the last few months, this City has had a change in attitude and there is
a breaking down of some misconceptions regarding United Enterprises.
f. Councilman Malcolm stated he was "shocked"~ at the City Council's
comments concerning United Enterprises stating the Council recognizes
United Enterprises as not being cooperative with the City and what they
(United Enterprises) are working for is their own best interest and not
that of the City of Chula Vista.
The Council recessed to Closed Session at 10:30 p.m. The City Clerk was
excused and the City Manager reported the meeting ended at 10:55 p.m.
ADJOURk~M~ AT 10:55 p.m. to the Redevelopment Agency meeting on March 21,
1985 at 4 p.m. followed by the Joint/Redevelopment Agency/City Council meeting
followed by a special City Council meeting and to the daytime Council meeting
of April 2, 1985 at 4 p.m.
WPG:0559C
PAG
STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER
COUNTY OF SAN DIEGO ) ss OF ADJOURNMENT OF MEETING
CITY OF CHULA VISTA )
I, Jennie M. Fulasz, being first duly sworn depose and say:
That I am the duly chosen, qualified and acting City Clerk of the City Council of the
City of Chula Vista;
That the regular meeting of the Council of the City of Chula Vista was
held Tuesday, March 19, 1985 and said meeting was
adjourned to the time and place specified in the order of adjournment ATTACHED
HERETO:
That on Wednesday, March 20, 1985 at the hour of 10:15 a.m.
I posted a copy of said orderat a conspicuous place on or near the door of the place
at which said meeting of March 19, 1985 was held.
MINUTES OF AN ADJOURNED REGULARMEETING
OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFOP~IA
March 19, 1985
Held
The City Council met in the Council Chamber at the City Hall,
276 Fourth Avenue on the above date at 7:0~ p.m. with the
following:
Councilmen present: COX, MALCOLM, MC CANDLISS, SCOTT, MOORE
Councilmen absent: None
ADJOURNMENT
The Mayor adjourned the meeting until Thursday, March 21, 1985
at 4:00 p.m. in the Ck~x~M~tMM~/Conference Room, City Hall,
276 Fourth Avenue, Chula Vista, California. (Joint/Redevelopment Agency/
City Council Meeting and a Special City Council .Meeting. )
I, JENNIE M, FULASZ, City Clerk of the City of Chula Vista, DO HEREBY
CERTIFY that this is a full, true and correct copy of an order by the
City Council at the meeting of March 19, 1985
'~~~of Chula Vilta, ~alifornia
/ N~'E M. FULASZ ~ity ~rk