HomeMy WebLinkAboutcc min 1985/05/28 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, 7:00 p.m. May 28, 1985
ROLL CALL
Councilmembers present: Mayor Cox, Councilmembers
Malcolm, McCandliss, Scott, Moore
Councilmembers absent: None
Staff present: City Manager Goss, City Attorney
Harron, Assistant City Manager
Asmus
PLEDGE OF ALLEGIANCE TO THE FLAG
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
OATH OF OFFICE TO NEWLY APPOINTED DESIGN REVIEW COMMITTEE
MEMBERS, Matt A. Flach and Barbara Grace Gilman
The Oath of Office was administered to Matt A Flach newly
appointed member of the Design Review Committee.
3. WRITTEN COMMUNICATIONS (None)
BRENTWOOD MOBILEHOME PARK
In answer to the Mayor's question, Housing Coordinator Gustafson
stated both parties met last Friday and have selected Mary
Di~enzo as the fifth member. Their first meeting is scheduled
for this Friday evening.
PUBLIC HEARING AND RELATED RESOLUTIONS AND ORDINANCES
4. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-85-17
REQUEST TO CONSTRUCT A 36-UNIT SENIOR
CITIZEN APARTMENT PROJECT IN THE 400
BLOCK OF CHURCH AVENUE CONHOLE
CONSTRUCTION COMPANY (Continued from
May 7, 1985) (Director of Planning)
a. RESOLUTION 12028 APPROVING CONDITIONAL USE PERMIT
PCC-85-17 TO CONSTRUCT A SENIOR CITIZEN
APARTMENT PROJECT IN THE 400 BLOCK OF
CHURCH AVENUE
City Council Meeting ~ 2 May 28, 1985
This being the time and place as advertised, Mayor Cox Opened the
public hearing.
Principal Planner Lee explained that the project site consists of
two parcels, each containing an older single family dwelling. The
larger parcel is a flag-shaped lot containing 0.67 acres with
access to "G" Street via a lO' x 145' finger of property. The
other parcel measures 40' x ll5' and fronts on Church Avenue. The
applicant is proposing to develop a 3-story, 36-unit (all
1-bedroom units) senior citizen apartment project on the subject
property.
The Planning Commission recommended Council approve the project in
accordance with their Resolution PCC-85-17. The resolution
includes seven staff stipulations plus an additional one that nine
of the spaces are to be reserved for guests and the other 18 for
the residents.
Planning Director Krempl recommended concurrence with Planning
Commission recommendation with an added condition that the
developer agree to install physical assistance hardware as
recommended by the Commission on Aging and approved by the City
Council in subsequent action.
Council discussion followed during which Mr. Lee stated that the
parking spaces are equivalent to .5 for the residents and .25 for
guests or a total of .75 parking spaces per unit on site.
Compared to other similar complexes throughout the City, others
have .6 or .7 which Mr. Lee stated exceeds the Code parking
standards.
Mr. Ken Hilligoss, 13147 Sundance Avenue, San Diego, representing
Connole Construction Company, stated he met with the Commission on
Aging two or three months ago and discussed the project with
them. In answer to Council's query, Mr. Hilligoss stated there
will be handicapped hardware put into the complex along with
security measures for the tenants.
There being no further comments either for or against, the hearing
was declared closed.
Council discussion followed regarding the number of senior
complexes in the City specifically those in the downtown area;
staff having little or no experience on the parking requirements
on these facilities; question of whether they can require income
data on the seniors occupying the units; HUD's requirement for a
certificate of occupancy which stipulates rent and income of the
tenants for the next 25 years; there are now over 1,O00 senior
citizen units built in the City; there is a need for a more
balanced community and to provide other types of housing units;
the senior citizen complexes in the downtown area do not
contribute to the redevelopment area; there is a problem with
density parking; the key to having these complexes in the downtown
City Council Meeting - 3 May 28, 1985
area are services and transportation; with new facilities being
built east of the City transportation will be provided at that
point; suggestion for a moratorium on any more units until a study
is made on the parking situation.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved with Councilman
Scott voting "no".
MS (Scott/Malcolm) to have a 180 day moratorium on accepting
senior citizen projects until staff can obtain some background and
study from the Planning Commission (regarding the density bonus
not being allowed).
Mayor Cox clarified the motion stating what is being proposed is
that any senior project can be built during this period of time as
long as it will not go over and beyond what the existing zoning
allows.
SUBSTITUTE MOTION
MSUC (Malcolm/Moore) to direct staff to prepare a resolution to
not allow any more density bonuses for senior citizen houses until
~ issue has been studied. This is for a 180-day period of
time.
5. ORAL COMMUNICATIONS
a. Miss Charlotte Welch, 910 Euclid Avenue, Apt 19, San Diego,
spoke on behalf of the Aztec Bus Lines and submitted a
petition and survey to the Council signed by approximately
1,000 people asking to have the Aztec operator retained in
the City.
b. J.R. Norman, 908 Mission Avenue, Chula Vista, 92011 stated
that there is a visibility problem at the intersection of
Melrose and East "L" Street whereby shrubbery has grown to
such proportions that it has become a hazardous condition
trying to exit on or off East "L" Street.
MSUC (Cox/McCandliss) to refer this to staff for a report back.
CONSENT CALENDAR (6-13)
Councilman Scott stated he will abstain on Item 13. Items 9,12
and 13 were pulled. (Note: Item 7 was deleted from the agenda).
6. RESOLUTION 12029 APPROVING HOUSING COOPERATION AGREEMENT
WITH THE APPEL DEVELOPMENT CORPORATION
FOR AFFORDABLE SENIOR HOUSING UNITS
(Community Development Director)
City Council Meeting 4 - May 28, 1985
On February 2, 1982, the City Council approved Conditional Use
Permit PCC-82-4 which provided for development of Park Fifth
Avenue, an increased density 48-unit residential project. The
Senior Housing Development Policy under which the project was
approved requires that the project units be restricted to
occupancy by and be affordable to low-income senior tenants.
Councilman Moore asked that the opening paragraph of the agenda
statements presented by staff contain the location of the area in
question.
7a. RESOLUTION ACCEPTING NEW STREET, STORM DRAIN AND
SEWER EASEMENTS IN LOTS 329, 330, Y, Z
AND AA (Director of Public Works/City
Engineer)
b. RESOLUTION ORDERING THE SUMMARY VACATION OF THE
EXISTING STORM DRAIN AND SEWER EASEMENTS
IN LOTS 329, 330, Y, Z AND AA OF THE
HIDDEN VISTA VILLAGE SUBDIVISION UNDER
THE STREET VACATION ACT OF 1941
ITEMS 7a and 7b WERE DELETED FROM THIS AGENDA.
8. RESOLUTION 12030 MODIFYING COUNCIL POLICY 200-09 APPROVED
BY RESOLUTION NO. 7214 FOR MEDIAN
LANDSCAPING (Director of Planning
A policy was discussed, in concept, for the treatment of landscape
median strips at the February 28, 1985 City Council meeting and
Council directed that a written policy be returned with
flexibility included should a developer wish to exceed the minimum
standards in a particular development. The recommendation was to
modify the policy as shown in the resolution in order to clarify
the City's objectives as to hardscape and planting areas.
Councilman Moore questioned whether this was strip landscaping or
median landscaping. He recommended a policy for strip
landscaping.
Director of Planning Krempl indicated that it was not necessary to
have such a policy. Median landscaping pertains to public right
of way and strip landscaping can apply to those standards also.
Councilman Scott disagreed stating something should be done about
the parking strips to make sure that they are properly landscaped
and maintained.
9. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND PACIFIC SCENE
INVESTMENTS, INC. FOR DESIGN SERVICES FOR
TRAFFIC SIGNAL AT THE INTERSECTION OF
EAST "H" STREET/HIDDEN VISTA DRIVE
(Director of Public Works/City Engineer)
City Council Meeting 5 - May 28, 1985
A new shopping center, Terra Nova Plaza, is being developed on the
south side of East "H" Street east of 1-805 by Pacific Scene
Investments, Inc The schedule calls for a major opening in
November of this year. When the shopping center opens, a traffic
signal will be needed at the main entrance opposite Hidden Vista
Drive. In order to assure that the traffic signal project is
completed by November, it was recommended that the developer have
the signal designed by a consultant and be reimbursed for the
design cost when the first traffic signal fees are paid.
Shale Hanson, President of Western Council of Engineers, Chula
Vista Chapter, asked for a two week delay on this item stating he
just received the City Manager's report on this item this morning
and has not had time to thoroughly review this. Mr. Hanson
submitted excerpts from the Memorandum of Understanding for the
Western Council of Engineers noting that hiring a consultant to
design the traffic signal is a violation of the MOU since City
staff can design the traffic signal at a much lower cost than
prescribed by the developer.
In answer to Council's query, City Engineer Lippitt stated that if
staff designed the traffic signal, other projects in the
department would have to be put aside until this project was
completed.
RESOLUTION OFFERED BY COUNCILMAN McCANDLISS, the reading of the
text was waived by unanimous consent.
Mayor Cox stated he will vote against the resolution indicating
that a two week continuance would not adversely impact the signal
at this intersection.
SUBSTITUTE MOTION
MSUC (Cox/Scott} to continue this item for two weeks.
(Councilman Malcolm was away from the dais at this time).
lO. RESOLUTION 12031 SUPPORTING AND RECOMMENDING THE AMENDMENT
OF INSURANCE CODE 533, EVIDENCE CODE
SECTION 352 AND GOVERNMENT CODE SECTIONS
825 AND 990 AS THEY CONCERN PUNITIVE
DAMAGES (City Attorney)
The Peace Officers Research Association of California (PORAC)
recommended the City support proposed Legislation SB 969, which
would: (1) authorize insurance for punitive damages {2) allow the
City to indemnify employees for punitive damages and (3) amend the
Evidence Code to admit previously excluded evidence.
City Council Meeting - 6 - May 28, 1985
ll. RESOLUTION 12032 ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE REPAIR OF THE CIVIC CENTER TILE IN
THE CITY OF CHULA VISTA, CALIFORNIA, AND
TRANSFER FUNDS THEREFOR (Continued from
the meeting of 5/14/85) (Director of
Public Works/City Engineer/Director of
Building and Housing)
On April 17, 1985, the City Engineer received sealed bids for the
work which involves the removal of the existing tile and replacing
it with a new non-slip tile, the construction of a mow strip edge
around lawn areas, and the relocation of the memorial within the
existing grass parkway to near the fountain area.
The Director of Public Works/City Engineer and the Director of
Building and Housing recommended Council:
1. Transfer $40,000 from the Revenue Sharing contingency
account to replace Tiles-Civic Center Plaza account .
2. Authorize expenditure of $97,556.38.
3. Accept bids and award contract to Klaser Tile Co. in the
amount of $94,785.00.
12. ORDINANCE 2113 AMENDING CHAPTER 5.04 OF THE CHULA VISTA
MUNICIPAL CODE BY ADDING SECTION 5.04.075
RELATING TO BUSINESS LICENSES FOR
PROMOTIONAL EVENTS AND CHARITABLE
ORGANIZATIONS FIRST READING (Director
of Finance)
The purpose of this amendment to the business license ordinance is
to give the City Council more flexibility in addressing requests
for waiver of business license fees. The ordinance proposes to:
1. Grant the Council authority to waive business license
fee for those events and organizations that help to
promote and publicize the City of Chula Vista.
2. Implement a $5.00 temporary license fee for those events
sponsored by a non-profit or charitable organization for
which the City Council does not waive business license
fees pursuant to No. 1 above. Participants will have
the choice of obtaining a temporary license or an annual
business license.
Councilwoman McCandliss questioned the fiscal impact regarding
loss of revenues to the City. Director of Finance Christopher
explained the City Collects approximately $250,000 in business
licenses. In the past, the licenses for these types of events
were not too enforced; therefore, it would not be acccurate to
construe the business license fees as a loss under the fiscal
impact.
City Council Meeting 7 May 28, 1985
MSUC (Malcolm/Moore) to place the ordinance on first reading.
Mayor Cox noted the ordinance will become effective on July 9, and
there have been a few requests for blanket waivers Mr.
Christopher indicated these 'organizations would qualify for the
waiver.
13. REPORT REGARDING FINANCING OF TELECOMMUNICATIONS
SYSTEM THROUGH THE CALIFORNIA CITIES
FINANCING CORPORATION {CCFC} (Director of
Finance)
Councilman Scott stated he will abstain from discussion on this
item due to a possible conflict of interest (his employer, Merrill
Lynch, is involved) and left the dais at this time.
In April, the City Council approved the financing of the Telecom
Plus NEAX 2400 Telecommunications System through the California
Cites Financing Corporation. This initial financing of the CCFC
was scheduled to be concluded at the end of April 1985. However,
at the last minute one of the cities involved in the equipment
financing withdrew and the underwriter, Merrill Lynch, is unable
to obtain bond insurance for the remaining cities involved in the
financing.
Staff recommended alternate financing through a municipal lease
agreement. Director of Finance Christopher recommended Council
authorize staff to pursue lease financing as an alternative to
CCFC.
Councilman Malcolm questioned why the City would not pay cash.
Mr. Christopher said he wants to test the market to see what is
available out there before making a recommendation to the
Council.
MSUC (Malcolm/Cox) to accept the report. Councilman Scott
abstained.
Councilman Scott returned to the dais.
End of Consent Calendar
14. REPORT OF THE CITY MANAGER {None)
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
15. REPORT ZONING COMPLAINT FOR PROPERTY LOCATED AT
855 COUNTRY CLUB DRIVE (Director of
Planning)
At the April 27, 1985 Council meeting, a letter was submitted by
Mr. Clint Sadler of 47 Palomar Drive objecting to construction
being done at 855 Country Club Drive (house next door).
City Council Meeting - 8 - May 28, 1985
Principal Planner Lee stated this represents what can occur when a
structure is built to the maximum size and lot coverage while
maintaining minimum setbacks The building is basically legal but
out of scale with the other residential structures in the area.
Principal Planner Lee showed slides noting the house additions
under construction and the setbacks at the four corners of the
house. He noted two variances which were granted to the
homeowners some time ago for a reduction in setback. Councilman
Scott commented that essentially the additions amount to no more
than the construction of a new home and should have been required
to meet those standards.
Mr. Clint Sadler, 47 Palomar Drive, Chula Vista, stated that he
personally went out and measured the distances with Housing
Inspector Hernandez and the distance between this house and his
home was less than lO feet. The house now covers 38.3% of the
property. Mr. Sadler declared something was wrong here and asked
Council to investigate.
Principal Planner Lee stated he inspected the premises with
Assistant Building and Housing Inspector, Len Hansel. They
measured the property by using a 2' x 4' and in each case, it was
lO feet or more.
MSC (Malcolm/McCandliss) to accept the report. Councilman Scott
voted" "
no .
Court cilman Moore referred to future developments of this kind
whereby the policy should be reviewed when remodeling exceeds 50%
of the square footage of the original structure; the size and
number of the garage spaces ; setbacks; height of structure;
window spacing in conjunction with the adjacent property it looks
down on.
MSUC (Moore/Scott) for staff to review these and to come back some
time after July 1 with potential advice (pros and cons,
recommendations, etc.) for any modifications.
Councilman Scott commented staff should have come to the Council
prior to this and should do so any time they feel there may be
possible violations of the Code.
16. REPORT STATUS OF PARK LIGHTS (Acting Director of
Parks and Recreation)
At the May 21, 1985 meeting, Council considered a letter from The
Paul Miller Company requesting, on behalf of the Bon Vivant
Homeowners Association, that lights in the west portion of the
Valle Lindo Park be made operable. Council requested staff report
on the lights that are out in the City parks and the cost to
restore them, including a long-term solution.
City Council Meeting - 9 - May 28, 1985
City Manager Goss reported a CIP request was included in the FY
85-86 budget to provide replacement of park lights with
vandal-proof security lights. Nine parks require a replacement of
39 units, including four in Valle Lindo Park. The total cost of
the CIP request is $67,000 and will be considered in the
forthcoming budget review.
Approximately $1,400 is required to restore the four lights in the
western portion of Valle Lindo Park. Until vandal proof lights
can be installed; however, staff is not recommending they be
repaired due to the probability of their again being broken by
vandals.
Acting Director of Parks and Recreation Foncerrada showed slides
noting the telephone poles operable and inoperable in the park
area. Councilman Scott suggested the Council wait until the
Capital Improvement budget is being deliberated in order to get a
permanent solution.
MSUC (Scott/Moore} to accept the report but have it come back
during the CIP budget deliberations.
17. REPORT CHULA VISTA REGULATIONS PROHIBITING
MOBILE FOOD PREPARATION VEHICLES IN CITY
(Assistant City Manager)
Assistant City Manager Asmus reported that at the April 9, 1985
meeting, the City Council requested staff to review and report on
Chula Vista's current regulations prohibiting the operation of
mobile food preparation vehicles (hot food trucks) within the City.
Chapter 8.20 of the Chula Vista Municipal Code regulates the
operation of vending vehicles within the City. Since these
regulations were adopted more than 20 years ago, mobile food
preparation vehicles were non-existent. The vending vehicles the
Code was intended to regulate were those vehicles vending prepared
food.
Since the City's regulations were adopted in the 1960's, there is
some question as to whether the Code prohibits "hot trucks" in the
City. The County Health Department believes the City's
regulations do not prohibit "hot trucks" so long as they are
licensed by the County Health Officer and meet the requirements of
the Health Department.
The City Attorney does not agree with this interpretation;
however, both agree that if past and present City interpretations
of the Code (to prohibit) is to remain the policy of the City, the
Code should be revised to make it clear that such operations are
prohibited. Likewise, if the City Council determines that this
type of food dispensing vehicle should be permitted in the City,
the County Health Department would request the City adopt by
reference those operating regulations that were adopted by the
County in 1978.
City Council Meeting lO - May 28, 1985
The Assistant City Manager recommended accepting the report and
directing preparation of ordinance amendments for City Council
consideration that would allow such operations in the City of
Chula Vista.
MSUC (Malcolm/Scott) to accept the staff report.
Councilwoman McCandliss asked that prior to the ordinance coming
back to the Council that it be referred to the Chamber of Commerce
for input.
18. MAYOR'S REPORT
a. MSUC (Cox/Scott) to refer to the Legislative Committee the
following Bills which have to do with road improvements: AB
1653, AB 2329 and SB 361.
b. Mayor Cox referred to a newspaper article in the San Diego
Union regarding the additional items added to the State
budget. Chula Vista had the support of Senator Deddeh and
Assemblyman Peace in getting $327,000 added to the State
budget to pay one-half the cost of the Interpretire Center.
The funds have been approved by both the Assembly and the
Senate; it now goes to the Conference Committee and then on
to the the Governor.
c. Mayor Cox noted the memo from the City Attorney
regarding the illegality of the partisan designations on
the ballot and questioned whether the Council wants to
recall the Charter Review Committee to consider more
propositions to be placed on the on the November 5
ballot.
MSUC (Cox/Scott) to ask the City Manager to bring back the
ordinance which was offered previously to the potential
annexation of Bonita and Montgomery dealing with Planning
Community Groups to see whether or not that should be included on
the November ballot.
Councilman Malcolm suggested extending the terms of the
Council starting in 1989 and consolidating the Council
elections on the even numbered year in June.
MSUC (Malcolm/Scott) to refer the runoff and the consolidation
elections back(to June~to the Charter Review Committee.
19. COUNCIL COMMENTS
a. MSUC (Malcolm/Cox) for a Closed Session regarding litigation
on the Bayfront.
I'I[
City Council Meeting ll - May 28, 1985
b. Councilman Moore questioned having a meeting date in order to
interview applicants for Boards and Commissions. Mayor Cox
suggested the Councilmembers bring their calendars with them
on Thursday and a meeting date will be decided.
c. Councilman Moore questioned when new carpeting will be
installed in the Library. He felt this should be completed
prior to its lOth birthday, July 1986. City Manager Goss
reported that the Director of Library Services will be coming
forward with a report on this and also for hiring a
consultant to redesign the circulation desk.
d. Councilman Moore said he noticed on Saturdays,
especially, there are only two or three cars parked in
the library employee parking lot and he suggested these
spaces be made available to the public.
e. City Manager Goss asked that the Closed Session also include
meet and confer items.
The Council recessed at 9:04 p.m. to the Redevelopment Agency
Committee and reconvened at 9:30 p.m.
The Council recessed to Closed Session at 9:30 p.m. The City
Clerk was excused. The City Manager reported the Closed Session
ended at 10:10 p.m.
ADJOURNMENT AT lO:lO p.m. to Budget Meetings scheduled for
Thursday, May 30, 1985 at 4 p.m. and Monday, June 3, 1985 at 7
p.m.; the Special Council Meeting on Tuesday, June 4, 1985 at 4
p.m. and to the Budget Meeting at 6:30 p.m. and to the meeting
scheduled for Thursday, June 6, 1985 at 4 p.m.
C C1
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WPG:589C
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 May 28, 1985 and said meeting was
adjourned to the time and place specified in the order of adjournment ATTACHED
HERETO:
That on Wednesday, May 29, 1985 at the hour of 10:30 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 May 28, 1985 was held.
MINUTES OF AN ADJOURNED REGULAR ~ETING
OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA
Held MAY 28, 1985
The City Council met in the Council Chamber at the City Hall,
276 Fourth Avenue on the above date at 7:00 p.m. with the
following:
Councilmen present: Cox, Malcolm, McCandliss, Scott, Moore
Councilmen absent: None
ADJOURNMENT
The Mayor adjourned the meeting until Thursday, May 30, 1985
at 4:00 p.m. in the~X~>L~X~~Conference Room, City Hall,
276 Fourth Avenue Chula Vista, California.
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 _ May 28, 1985
E M. FULASZ CMC
~/City of Chula ViSta, ~alifornia