HomeMy WebLinkAboutcc min 1986/07/22 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, July 22, 1986
Closed Session (6:30-7:15 p.m.) Council Chamber
7:15 p.m. (Regular Business Meeting) Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers Malcolm, Moore,
Campbell, McCandliss
MEMBERS ABSENT: None
STAFF PRESENT: Assistant to the City Manager Morris, City
Attorney Harron
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
The Pledge of Allegiance to the Flag was led by Mayor Cox followed
Oy a moment of silent prayer.
1. APPROVAL OF MINUTES for the meetings of July 9, 10 and 15,
1986.
MSUC (McCandliss/Campbell) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY - None.
3. WRITTEN COMMUNICATIONS
a. CLAIMS AGAINST THE CITY - Miss Kathleen R. Face, P.O. Box
5859, Chula Vista, CA 92012
Miss Face filed an application to present a late claim with
the City of Chula Vista on June 25, 1986 alleging damages in
the amount of ~700,000. The claim stems from two separate
incidents involving our Police Department assisting in
landlord/tenant disputes in which Miss Face was ejected from
the premises - both incidents occurred in 1985; her original
claim was filed on June 6, 1986 and returned as late.
MS (McCandliss/Malcolm) deny the claim.
Ms. Face appeared before the Council testifying she is
representing 33 Indian tribes in claims against Chula Vista,
San Diego, Escondido, San Diego County and the State of
California; Chula Vista Police Department ordered her to leave
her premises on 2 separate occasions; no search warrant
obtained by Chula Vista Police Department; records were left
behind; 1st and 4th Amendments were violated; unable to obtain
housing as a result of eviction.
MINUTES 2 July 22, 1986
In answer to Council's questions, City Attorney Harron stated
since this was a late claim, staff's recommendation was based on a
procedural defect.
The motion to deny the claim passed unanimously.
MSUC (McCandliss/Moore) request a verbal report from Risk
Management as to whether the City is holding any property or
records of Ms. Face.
b. REQUEST TO EQUALIZE DEVELOPER FEES Don Lindberg, Attorney at
Law, 4201 Bonita Road, #245, Bonita, CA 92002
City Manager Goss recommended that the matter of school fees
be considered by the City Council and provide staff with
whatever policy direction desired.
Mr. Don Lindberg requested Council take definitive action to
ensure that developers' fees in Chula Vista are the same as
collected in other cities in this County.
MS (Moore/McCandliss) direct staff to obtain specific data
regarding fee differences and forward that data to the City
Council as an agenda item.
Mayor Cox suggested staff's report should include indication
as to whether some of the cities are being given assurances
that those funds would only be used in their cities'
boundaries.
Councilman Malcolm discussed the School Board's '(Sweetwater
Union High) commitment 1-1/2 years ago to take immediate
action and if the cities did not respond, the Board would file
a lawsuit to collect those fees. He suggested the City
require the School Board to keep their promise or the City
should lower its fees.
Councilwoman McCandliss pointed out as a result of
negotiations, National City has developed a school fees
schedule.
The motion directing staff to obtain data passed unanimously.
C. CONCERNS RELATING TO EXTERIOR DESIGN AT 165 MURRAY STREET (2
LETTERS) - Joseph A. Raso, 165 Murray Street, Chula Vista
92010
Since the City Council's action regarding this matter on July
8, Mr. Raso has submitted two letters pertaining to redesign
of his residence, including: giving City right to redesign
house; solution should not involve a variance; reconsider
Council action of March 1986; decide what is appropriate in
this situation.
MINUTES - 3 - July 22, 1986
The City Manager recommended the two letters be received and
filed.
Helen Wadsworth, 175 Murray Street, presented copies of a
letter and questionnaire circulated by Mr. Raso requesting
input on design of his residence. She also noted over 51% of
area residents have submitted petitions or have appeared
before the Planning Commission and City Council regarding
their concerns.
MSUC (Cox/McCandliss) to receive and file the two letters.
In response to Council's questions, Planning Director Krempl
explained Council directed staff to prepare an agreement for
Mr. Raso's signature as well as authorization for funding for
architectural services. The agreement will be forthcoming in
early August.
Council discussion followed concerning withdrawal of City
support for funding of architectural services; compromise
reached previously but it is not getting anywhere; questioned
if variance could be rescinded; conditions placed on variance
approval previously; staff provide options when item returns
to Council in early August (i.e. zoning, lot coverage, legal
mandates) in order to move forward.
d. REQUEST TO DECLARE DECEMBER 26, 1986 AS A "HARD HOLIDAY" FOR
CITY EMPLOYEES Public Services Building Employees, 276
Fourth Avenue, Chula Vista 92010
It was recommended the request be referred to staff for
further evaluation and report back to the City Council.
MSUC (Malcolm/McCandliss) refer this to the negotiating committee
(City Manager).
e. SUGGESTION TO SOLICIT PUBLIC CONTRIBUTIONS FOR LIBRARY
FOUNTAIN Mrs. Colleen Smith, 1148 Third Avenue, Chula Vista
92011
Mrs. Smith enclosed $2.00 for her contribution toward
constructing the fountain and suggested the City ask for
public donations. The City Manager recommended her suggestion
be acknowledged and her $2.00 be returned, but she be advised
that the City's rejection of previous bids, while monetarily
related, would not necessarily have been altered by public
donation of funds for this purpose.
Councilman Malcolm agreed with Mrs. Smith's proposal and
suggested the City should request contributions for the
library feature.
MINUTES 4 JUly 22, 1986
MSUC (Malcolm/McCandliss) refer this to the Library Board of
Trustees to see if they would be interested in starting a campaign
for the fountain.
f. CONCERNS RELATING TO LOSS OF TREES IN THE CITY - Jeanene
Patti, 642 Vista Way, Chula Vista 92010
City Manager Goss recommended Mrs. Patti's letter be
acknowledged and she be advised of current City policy on tree
removal, as well as furnished detailed information on the
rationale for the eight tree removals which have occurred on
"I" Street in the past year.
MSUC (Malcolm/Moore) for staff recommendation.
g. CONCERNS REGARDING CERTIFICATE OF COMPLIANCE PROCEDURES FOR
MOBILEHO~4E PARK CONVERSION - Amos Sommers, Partner,
Continental Associates, 1970 Convoy Court, San Diego 92111
This correspondence pertains to Item number 16 on this agenda
which recommended the Certificate of Compliance procedure as
an alternative to a tentative and final map process.
MSUC (Malcolm/Moore) for staff recommendation.
h. REQUEST TO EXPEDITE APPROVAL OF ORANGE TREE FINANCING
DOCUMENTS L. Sue Loftin, Partner, Continental Associates,
1970 Convoy Court, San Diego 92111
It was recommended Council consider holding a special meeting
of the City Council/Agency on or about 4:00 p.m. July 29 for
the purpose of approving the various documents required in the
conversion. As indicated in their letter, unless there is a
delay in the bankruptcy proceedings, the necessary documents
must be approved prior to August 7, 1986.
MS (Cox/McCandliss) schedule a special meeting of the City
Council/Redevelopment Agency at 4 p.m. on Tuesday, July 29 for the
purpose of approving various documents related to the Orange Tree
conversion.
Councilman Malcolm stated he would be out of town on that date
and requested scheduling this item the same date as
Boards/Commissions interviews on July 28.
SUBSTITUTE MOTION
MSUC (McCandliss/Malcolm) hold the special meeting on Monday, July
28 at 4 p.m. (before Boards/Commissions interviews).
MINUTES - 5 - July 22, 1986
i. CONCERNS REGARDING GOLF COURSE FEE INCREASES A. J. Cavarra,
77 Millan Court, Chula Vista, CA 92010
Effective August 1, the City Council approved eliminating the
monthly $45 Chula Vista resident discount card. The City
Manager recommended staff personally contact Mr. Cavarra and
attempt to explain the City's rationale for approving the new
golf fee structure to be implemented August 1, 1986.
MSUC (Malcolm/Cox) for staff's recommendation.
j. REQUEST FOR SUPPORT OF LEGISLATION PROHIBITING TRANSPORTATION
OF ANIMALS IN MOTOR VEHICLES - Susan Golding, Supervisor, 3rd
District, San Diego
City Manager Goss reported the City Council (at the June 24,
1986 meeting) took action to receive and file a similar letter
from the San Diego County Humane Society. Unless the City
Council wishes to reconsider that action, it would be his
recommendation this letter also be received and filed.
Mayor Cox noted Council's previous action on this item did not
include preparation of an ordinance.
It was moved by Mayor Cox to bring back an ordinance.
The motion died for lack of a second.
Councilman Malcolm pointed out the Legislative Committee
recommended no action be taken on this because of problems
associated with the proposed ordinance and existing law
requiring dogs to be tied down in moving vehicles.
MSC (Malcolm/McCandliss) for staff recommendation (Mayor Cox
opposed).
ATTENDANCE BY U.S. GOVERNMENT CLASS
Mayor Cox acknowledged the presence of Mrs. Fern Hare's summer
class composed of students from Castle Park, Hilltop, Bonita and
Chula Vista High Schools.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
4. PUBLIC HEARING FORMATION OF ASSESSMENT DISTRICT 86-1
(Director of Public Works/City Engineer)
a. RESOLUTION 12620 ORDERING CERTAIN CHANGES AND MODIFICATIONS
TO THE ENGINEER'S "REPORT" IN A SPECIAL
ASSESSMENT DISTRICT
b. RESOLUTION 12621 OVERRULING AND DENYING PROTESTS AND MAKING
CERTAIN FINDINGS IN A SPECIAL ASSESSMENT
(Filed--no protests DISTRICT
received.)
MINUTES 6 - July 22, 1986
c. RESOLUTION 12622 APPROVING CONTRACT FOR OWNERSHIP OF
IMPROVEMENTS
d. RESOLUTION 12623 APPROVING CONTRIBUTION TO PAY CERTAIN
COSTS AND EXPENSES IN AN ASSESSMENT
DISTRICT
e. RESOLUTION 12624 ACCEPTING WORKS OF IMPROVEMENT AND
APPROVING "AS-BUILT" CERTIFICATE
f. RESOLUTION 12625 CONFIRMING THE ASSESSMENT, ORDERING
ACQUISITION OF THE IMPROVEMENTS AND
APPROVING THE ENGINEER'S "REPORT"
g. RESOLUTION 12626 AUTHORIZING AND PROVIDING FOR THE ISSUANCE
OF BONDS PURSUANT TO THE "IMPROVEMENT BOND
ACT OF 1915"
h. RESOLUTION 12627 MAKING AWARD FOR SALE OF BONDS, AND
PROVIDING FOR THE ESTABLISHMENT OF A
REDEMPTION FUND
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
City Attorney Harron announced the FPPC ruled Mayor Cox and
Councilman Malcolm can participate in this item since a
substantial number of the public share the same problem (regarding
potential homeowners in EastLake).
Director of Public Works/City Engineer Lippitt reported this is a
continuation of proceedings initiated on May 27, 1986, and
continued on June 17, 1986, to form an Assessment District for the
acquisition of certain backbone water, sewer, storm drain, and
street improvements in the EastLake development. These
improvements are generally located within East "H" Street,
EastLake Drive, Hillside Drive and Lake'Shore Drive.
The Engineer's "Report" contains a description, locator maps, and
cost estimate by units and quantities for each improvement that
will be acquired and included in the Assessment District. Unlike
other districts used to build facilities, this district will
purchase facilities already constructed by the developer.
The total cost of these improvements will be ~5,279,986.04 as
certified and set forth in the Engineer's "Report."
City Clerk Fulasz stated all appropriate notices (certificate of
posting, certificate of mailing notices, filing boundary maps and
affidavit of publication of notices of improvements) have been
received and no written protests have been received.
· 1 T
MINUTES - 7 - July 22, 1986
Finance Director Christopher announced the sale of bonds was
awarded to Prudential-Bache Securities at a net interest rate of
7.85%. Staff recommends Council accept this bid.
In answer to Councilwoman McCandliss' question, Director Lippitt
stated the City will enter into an agreement with Otay Water
District whereby the City will acquire the water improvements and
the Water District will assume ownership and maintenance.
There being no public testimony either for or against, the public
hearing was closed.
Robert Santos, representing EastLake Development Company, stated
any large development requires some type of public facilities
financing plan which would provide necessary amenities; a bond
sale would pass benefits to the homeowner; disclosure statements
were presented to potential homeowners; homeowners required to
sign disclosure statement noting they have reviewed assessments
(required before escrow will close on the property); assessments
can only go down; document will be recorded with statement on
bottom of preliminary title report indicating special taxes to go
with the land and there will be encumbrances against the property.
RESOLUTIONS OFFERED BY MAYOR COX, the reading of the texts was
waived by unanimous consent, passed and approved unanimously.
5. PUBLIC HEARING CONSIDERATION OF CONSTRUCTION OF T~O
INDUSTRIAL WAREHOUSE BUILDINGS PROPOSED AT
THE NORTHEAST CORNER OF BROADWAY AND "C"
STREET (Community Development Director)
RESOLUTION 12628 AUTHORIZING THE ISSUANCE OF A COASTAL
DEVELOPMENT PERMIT FOR HAZARD INDUSTRIAL
BUILDINGS
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Community Development Director Desrochers reported the applicant
has proposed the construction of two industrial buildings on a
site located within the boundary of the Chula Vista local coastal
zone, inland parcel subarea. The project has undergone
environmental review resulting in a negative declaration, and the
Design Review Committee has approved the project design subject to
conditions.
There being no public testimony either for or against, the public
hearing was closed.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
MINUTES - 8 - July 22, 1986
6. ORAL COMMUNICATIONS - None.
CONSENT CALENDAR (7 16)
Items 7, 8, 10, 13, 14, 15, and 16 pulled.
MSUC (McCandliss/Campbell) to approve the Consent Calendar.
7. RESOLUTION APPROVING AMENDMENT TO THE LEASE AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND THE
BOYS' CLUB OF CHULA VISTA FOR THE CITY
PROPERTY AT "I" STREET AND FIFTH AVENUE
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Director of Parks & Recreation)
Pulled from Consent Calendar.
8. RESOLUTION REQUESTING REPROGRAMMING OF FY 1986-87 SAN
DIEGO URBAN COUNTY BLOCK GRANT FUNDS
(Community Development Director)
Pulled from Consent Calendar.
9. RESOLUTION 12629 RECOGNIZING RESERVE PEACE OFFICERS AS
EMPLOYEES FOR PURPOSES OF WORKERS'
COMPENSATION (Director of Personnel)
Reserve Police Officers are registered with the California
Emergency Council as disaster service workers and, as such, are
covered by the State Compensation Insurance Fund (SCIF) for
injuries sustained while performing disaster relief services. A
recent Writ Denial by the First Appellate District Court has
upheld a Workers Compensation Appeals Board (WCAB) Judges' opinion
that Reserve Peace Officers are not entitled to coverage under
SCIF while performing their regular duty but, rather, only while
performing disaster relief work. Therefore, it is in the City's
best interest to'provide Reserve Peace Officers coverage under its
self-funded Workers' Compensation Plan for injuries that occur
during regular duty.
10. RESOLUTION WAIVING EXCESS LIABILITY INSURANCE FOR THE
75TH DIAMOND ANNIVERSARY PICNIC AND
AUTHORIZING EXPENDITURES OUT OF THE
APPROPRIATED CONTINGENCY RESERVE (Director
of Public Works/City Engineer)
Pulled from Consent Calendar.
11. RESOLUTION 12630 ORDERING THE SUMMARY VACATION OF RESEARCH
COURT IN OTAY VALLEY INDUSTRIAL PARK
(Director of Public Works/City Engineer)
MINUTES - 9 - July 22, 1986
In 1984, Sammis Properties subdivided its 40-acre parcel on the
west side of Maxwell Road north of Otay Valley Road. The
subdivision, known as Otay Valley Industrial Park, contained 19
lots and two dedicated cul de sacs, Design Court and Research
Court. After the time the map was recorded and before development
work .on the site had been completed, San Diego Gas & Electric
Company (SDG&E) purchased Lots 11 through 19 of the subdivision.
SDG&E plans to construct a regional service center on the
property. Consequently, it is consolidating the lots by parcel
map and has requested that the City vacate all of Research Court.
12a.RESOLUTION 12631 ACCEPTING, DEDICATING AND NAMING CERTAIN
REAL PROPERTY IN SAID CITY FOR STREET AND
HIGHWAY PURPOSES LOCATED IN LAS FLORES
DRIVE SOUTH OF "D" STREET (Director of
Public Works/City Engineer)
D. RESOLUTION 12632 ACCEPTING GRANT OF EASEMENT FROM SWS,
LTD., A CALIFORNIA GENERAL PARTNERSHIP,
FOR STREET TREE PURPOSES ALONG LAS FLORES
DRIVE SOUTH OF "D" STREET AND ALONG THE
WESTERLY LINE OF MINOT AVENUE
C. RESOLUTION 12633 ACCEPTING IRREVOCABLE OFFER TO DEDICATE
REAL PROPERTY FROM SWS, LTD., A CALIFORNIA
GENERAL PARTNERSHIP, FOR STREET
RIGHT-OF-WAY ALONG THE WESTERLY LINE OF
MINOT AVENUE NORTH OF ~E" STREET
On March 17, 1986, Tentative Parcel Map 86-4 was conditionally
approved by the Engineering Department and the Planning
Department. Among the conditions of approval were requirements
for the owner to grant easements for street purposes in Las Flores
Drive and street tree purposes along Las Flores Drive and Minot
Avenue and that the owner obtain an easement from the adjacent
property owner to provide adequate access to the subject
property. The owner was also required to make an irrevocable
offer of dedication of public right-of-way along Minot Avenue.
these grants of easements and offer of dedication are now before
the City Council for approval.
13. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE COUNTY OF SAN DIEGO TO
PROVIDE LIBRARY SERVICES TO CITIZENS IN
THE NEWLY ANNEXED MONTGOMERY AREA (Library
Director)
Pulled from Consent Calendar.
MINUTES 10 - July 22, 1986
14. RESOLUTION CHANGING THE ORDER OF BUSINESS OF CITY
COUNCIL MEETINGS (City Clerk)
pulled from Consent Calendar.
15. REPORT REQUEST FOR PROPOSALS FOR VISITOR
INFORMATION CENTER OPERATOR (Deputy City
Manager)
Pulled from Consent Calendar.
16. REPORT ON REQUEST OF CONTINENTAL ASSOCIATES FOR
ESTABLISHMENT OF PROCEDURE FOR THE
PROCESSING OF MOBILEHOME PARK CONVERSIONS
TO RESIDENT-OWNED CONDOMINIUMS (Director
of Public Works/City Engineer)
Pulled from Consent Calendar.
END OF CONSENT CALENDAR
7. RESOLUTION APPROVING AMENDMENT TO THE LEASE AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND THE
BOYS' CLUB OF CHULA VISTA FOR THE CITY
PROPERTY AT "I" STREET AND FIFTH AVENUE
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Director of Parks & Recreation)
MSUC (Cox/McCandliss) continue this item to the meeting of August
5, 1986.
8. RESOLUTION REQUESTING REPROGRAMMING OF FY 1986-87 SAN
DIEGO URBAN COUNTY BLOCK GRANT FUNDS
(Community Development Director)
In his written report, Community Development Director Desrochers
explained that on April 8, 1986, the Council approved Resolution
#12434 which requested the County of San Diego to allocate FY
1986-87 Community Development Block Grant (CDBG) funds for the
Montgomery area for the following projects: street improvements
on the east side of Fifth Avenue from Oxford Street to Orange
Avenue; street improvements on William Avenue from Palomar Street
to Orange Avenue; and a project to be named at a later time. The
County Board of Supervisors approved the above projects and
included them in their CDBG funding application to the U.S.
Department of Housing and Urban Development. However, information
gathered since the submission of the application indicates that
the William Avenue project is ineligible for CDBG funding.
MINUTES - 11 JUly 22, 1986
Staff recommended Council adopt the resolution requesting the
County to reprogram FY 1986-87 CDBG funds by deleting the William
Avenue Project and the "to-be-named" project, adding the
Lauderbach Center kitchen improvements project and the Crested
Butte Drainage Improvement Project and making the necessary fiscal
adjustments.
With approval of this item, $54,000 would be transferred from the
William Avenue Project and $10,000 from Local Option Project to
fund kitchen improvements at the Lauderbach Community Center
Kitchen in the amount of $12,000 and drainage improvements at
Crested Butte Street from Welton Street to Broadway in the amount
of ~52,000.
Bob Fox, 44-3 Orange Avenue, Chula Vista 92011, representing the
Montgomery Planning Committee, discussed staff's recommendation
not to fund improvements to William Avenue; questioned the
County's survey of William Avenue residents; residents of the area
had attended the County's meetings and objected to the County's
action not to fund this project.
In answer to Councilwoman McCandliss' question, Assistant
Community Development Director Gustafson remarked he was unaware
of any other Block Grant project which had been as scrutinized as
the William Avenue project, and as a result of the survey, the
project has now been determined ineligible.
A. Y. Casillas, 1338 William Avenue; Phil Scheuer, 1319 Costa
Avenue; and Edward ~. Booth, 1333 William Avenue, Chula Vista
92011 spoke in opposition to staff's recommendation, noting the
following concerns: neither the purpose nor the impact of the
County's survey was explained to residents; this is their second
request for street improvements; requested Council not adopt the
resolution; noted other Block Grant projects were not subject to a
survey; discussions on this project have been ongoing for five
years; residents of this project area should have another chance.
In response to Mayor Cox's question regarding eligibility criteria
for Block Grant projects, Assistant Community Development Director
Gustafson replied determination is somewhat of a judgement on how
a project is attributed (i.e., if Council is comfortable with
their designation and it satisifies HUD's requirements).
Assistant Director Gustafson pointed out the Council's action is
to request the County Board of Supervisors approve this project to
remove this condition (survey). This year the County is accepting
all of Chula Vista's requests for projects in Montgomery except
where eligibility is questioned.
MS (Malcolm/Campbell) stay the original submission and go ahead
with the project.
MINUTES - 12 - July 22, 1986
Mayor Cox clarified that the motion is to resubmit (the
application) for consideration by the County and provide
additional information that would support the broader service
areas in the census tracts as opposed to specific streets.
The motion to resubmit the application passed unanimously.
Mayor Cox discussed the need to act on the Montgomery Planning
Committee's recommendation relative to the proposed kitchen
renovations at Lauderbach and drainage improvements (Crested
Butte).
MSUC (Cox/McCandliss) identify $12,000 of the $19,000 which was
eligible for another project to be specified later.
10. RESOLUTION 12634 WAIVING EXCESS LIABILITY INSURANCE FOR THE
75TH DIAMOND ANNIVERSARY PICNIC AND
AUTHORIZING EXPENDITURES OUT OF THE
APPROPRIATED CONTINGENCY RESERVE (Director
of Public Works/City Engineer)(
On August 10, 1986, the Bonita Optimist Foundation will be hosting
a picnic at Rohr Park as part of the City's celebration of its
75th Anniversary. The Foundation is covered by a $1,000,000
liability insurance. In addition, the YMCA, which will be
supervising children's activities for the picnic, is covered by
$1,500,000 liability insurance. The City requires $5,000,000
liability insurance for events on City property.
The Foundation has taken a number of steps to reduce liability
exposure including the provision of Police Reserves for traffic
control, as well as ambulance and fire protection service. These
services are being donated by these organizations for the picnic.
No alcoholic beverages will be sold at the picnic.
The recommendation was that the City Council approve the request
for waiver of the $5,000,000 excess liability insurance and
authorize expenditures out of the Appropriated Contingency Reserve
to finance the cost of shuttle bus services.
In response to Councilwoman McCandliss' question, City Attorney
Harron advised although the Navy "Leap Frog" parachute team is
covered by the Federal Tort Claims Act (rather than insurance),
the City is still at risk.
Discussion ensued regarding the need for additional insurance
coverage; if Council is not willing to accept the risk, this event
(parachute team) may not occur; $1 million coverage is adequate.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
MINUTES 13 - July 22, 1986
13. RESOLUTION 12635 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE COUNTY OF SAN DIEGO TO
PROVIDE LIBRARY SERVICES TO CITIZENS IN
THE NEWLY ANNEXED MONTGOMERY AREA (Library
Director)
On November 5, 1985 the citizens of San Diego County, in an
unincorporated area designated as the Montgomery Fire District,
voted to annex to the City of Chula Vista. Under contract with
the City of Chula Vista, the San Diego County Library continues to
maintain two branch libraries, the Castle Park Branch and the
Woodlawn Branch, in the annexed area. A six-month service
contract (January-June 1986) was approved by Resolution 12310 on
December 18, 1985. A contract renewal will enable the City to
continue to provide library service to citizens at the present
service level with the San Diego County Library District as the
providing agency.
Library Director Lane noted since the project is anticipated to be
completed in December, at least one year is required to provide
service July 1, 1986 through June 30, 1987.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
14. RESOLUTION 12636 CHANGING THE ORDER OF BUSINESS OF CITY
COUNCIL MEETINGS (City Clerk)
The resolution as proposed would change the Order of Business by
placing the Consent Calendar after the Written Communications and
before the Public Hearings. All items not pulled by the Council
would then be approved permitting those people whose items are
considered to leave the meeting if they so desire.
All items that are pulled would be considered after the Public
Hearings.
City Clerk Fulasz noted a correction to this resolution placing
"Oral Communications" after "Public Hearings."
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, as amended, the reading
of the text was waived by unanimous consent, passed and approved
unanimously.
15. REPORT REQUEST FOR PROPOSALS FOR VISITOR
INFORMATION CENTER OPERATOR (Deputy City
Manager)
The Bayfront/"E" Street Trolley Station and Visitor Information
Center are scheduled for completion in time for the City's
birthday--October 17. The City has the responsibility of
administering the operation of the Visitor Center, although the
MINUTES 14 - JUly 22, 1986
cost of operation (if any) will be shared equally by the City and
County. Within a few days after Council authorization, staff
intends to issue an RFP to identify potential Visitor Center
operators to ensure the Center is operational at the earliest
reasonable date.
Deput~ City Manager Thomson recommended Council authorize staff to
solicit proposals for the operation of the Bayfront Visitor
information Center based on the criteria and guidelines discussed
in this report.
Councilman Moore stated that the RFP should include overall care
of the entire trolley station and this cost should be the
responsibility of either the City or operator.
In response, Deputy City Manager Thomson explained the RFP was
written in general terms to encourage a varied response. Staff is
seeking to obtain a quality visitor center and still receive
revenue on it. It would be difficult to achieve this if
maintenance services were required.
MSUC (Moore/McCandliss) accept the report.
16. REPORT ON REQUEST OF CONTINENTAL ASSOCIATES FOR
ESTABLISHMENT OF PROCEDURE FOR THE
PROCESSING OF MOBILEHOME PARK CONVERSIONS
TO RESIDENT-OWNED CONDOMINIUMS (Director
of Public Works/City Engineer)
As a result of a request by residents of the Orange Tree
Mobilehome Park for assistance from the City Council/Redevelopment
Agency toward the purchase of the park and converting it to a
resident-owned condominium, the Community Development Department
submitted a report to Council on February 25, 1986 recommending
participation of the City in the acquisition of the property.
Continental Associates, on behalf of the Orange Tree residents,
requested the City adopt a Certificate of Compliance procedure to
cover the conversion of the park to condominiums as proposed in
this instance.
Staff believes that although the Subdivision Map Act can be
interpreted to allow the Certificate of Compliance procedure to be
established, it already provides for this conversion through
provisions for Tentative and Final maps. Further, staff does not
see any long-term detriment to the City being created by the
inclusion of such an ordinance in the Municipal Code and is
recommending they return with a statement of policy and procedures
concerning City participation along with an ordinance establishing
the "Certificate of Compliance" process as appropriate.
MINUTES 15 - July 22, 1986
Councilman Malcolm expressed concern that complying with this
request could ultimately prove detrimental to normal City
procedures; another employee or contracting out services is
preferred over creating a new ordinance.
Amos Sommers, 7970 Convoy Court, San Diego 92111, representing
Continental Associates, referred to the County Ordinance for
similar conversion; the only difference between a Certificate of
Compliance and subdivision report is the time element; no
improvements, therefore the tentative map is not necessary;
additional delays caused by tentative map procedures could result
in loss of client; this request is not for the condominium
conversion; no street improvements in one-lot subdivisions;
application includes boundary survey information; competing with
outside investors; escrow proceedings will be delayed; would like
to eliminate public hearing procedures.
Director Lippitt remarked zoning of this property will not change;
staff will have the opportunity to review application to provide
field inspections of potential street improvements and drainage;
only major difference between 2 procedures is noticing public
hearings of the City Council and Planning Commission.
Councilman Malcolm suggested for this particular project, a
combined hearing be held between the City Council and Planning
Commission to expedite this procedure.
MS (Cox/Moore) accept the report and ask staff to come back with
an appropriate ordinance.
Council discussion ensued regarding staff's comment that very
little time would be saved by bypassing the tentative map process;
findings must be made over existing requirements before it goes to
the subdivision process; questioned staff's proposal to bring back
an ordinance similar to the County's.
Mayor Cox stated the issue does not involve a change in land use
but rather a change in ownership of individual lots giving the
City review for certain improvements which can be accomplished
through the Certificate of Compliance.
Councilman Malcolm expressed concern that the Council would be
giving up an inherent right--the public hearing process--if this
request is granted.
The motion to accept the report and prepare an ordinance failed by
the following vote:
AYES: Cox
NOES: Malcolm, Moore, Campbell, McCandliss
ABSENT: None
MINUTES - 16 - July 22, 1986
MS (Malcolm/Moore) direct staff to combine (public) hearings
oetween the Planning Commission and City Council on this
particular item to expedite it wherever practical.
Hayor Cox questioned this action which may give special
consideration to the applicant noting other potential mobilehome
park conversion applicants would request the same consideration.
The motion to combine public hearings passed by the following vote:
AYES: Malcolm, Moore, McCandliss
NOES: Campbell, Cox
ABSENT: None
UNANIMOUS CONSENT
16a.RESOLUTION 12637 REQUESTING 934,000 IN PLANNING ASSISTANCE
FROM THE COASTAL COMMISSION (Community
Development Director)
This grant application requests 934,000 in matching funds for
preparation of a Master Plan for the 11.4 acre shoreline park
).
In addition, funding for consultant planning services to prepare a
Master Plan for the 11.4 acre shoreline park would be provided.
The proposed time frame for the planning project would be
consistent with the timing for the subdivision of the
Midbayfront. This would allow for implementation of the shoreline
park at the same time as development begins on the Bayfront.
RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
OTHER RESOLUTIONS AND RELATED REPORTS AND ORDINANCES
17. RESOLUTION 12638 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE NAUTICAL HERITAGE
SOCIETY FOR THE PURPOSE OF ESTABLISHING
CHULA VISTA HARBOR AS THE SOUTHERN
OPERATING PORT FOR THE TALL SHIP
CALIFORNIAN AND APPROPRIATING NECESSARY
FUNDS AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT (Deputy City Manager)
At its meeting of May 27th, the City Council approved an initial
agreement with the Nautical Heritage Society. This agreement
secured the Californian for involvement in the upcoming Diamond
Jubilee Celebration, and it also outlined in concept the terms of
MINUTES - 17 July 22, 1986
an ongoing Southern Home Port Agreement. The Californian was
awarded $5,000 as part of this initial agreement to be applied
toward the annual grant of $25,000. The remaining $20,000 and
ongoing agreement were to be brought back to the Council in early
FY 1986-87.
Funds were budgeted in the FY 1986-87 Redevelopment Agency
Bayfront account to cover the remaining $20,000 first year
funding. As of this date, $11,500 has been committed from outside
sources (Income Property Group has committed $2,500 and the County
of San Diego has allocated ~9,000 to be applied toward the
$25,000). Because the three-year agreement is with the City (as
opposed to the Redevelopment Agency) it is necessary to award the
$20,000 out of the General Fund. This $20,000 appropriation will
($8,500), San Diego County ($9,000) and 0). If
additional contributions are obtained, either the Agency's FY
1986-87 cost could be reduced or the City's FY 1987-88 cost could
be reduced.
In answer to Councilman Malcolm's question regarding insurance
coverage, Deputy City Manager Thomson stated the Nautical Society
is required to carry $1 million per appearance (included as item
#3 of the agreement).
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
18. RESOLUTION 12639 APPROVING ADDITIONAL LOANS TO CHULA VISTA
REDEVELOPMENT AGENCY FOR FISCAL YEAR
1986-87 AND APPROPRIATING FUNDS FROM THE
UNAPPROPRIATED GENERAL FUND RESERVE
THEREFOR (Director of Finance)
On June 17, 1986, the City Council approved the City's Fiscal Year
1986-87 Budget which included loans to the Redevelopment Agency
Town Centre II Project in the amount of $62,380 and the Otay
Valley Project in the amount of ~426,310.
Subsequent to the above approval, the Agency approved its Fiscal
Year 1986-87 Budget on July 10, 1986, which included loans from
the General Fund in the amount of $122,380 for Town Centre II and
$486,310 for Otay Valley. Each loan was increased by ~60,000.
This action is required in order that the City Council approve the
same amount for loans as approved by the Agency.
Finance Director Christopher recommended Council approve
appropriating General Funds for additional ~60,000 loan to Town
Centre II and $60,000 loan to Otay Valley for a total of $120,000.
I,IINUTES - 18 July 22, 1986
In response to Councilman Malcolm's question, Director Desrochers
stated this appropriation will allow tax increments to be applied
to the Town Centre II project and a financing committee may be
formed to discuss sharing tax increment with the County. In
addition, $40,000 has been designated for the preparation of an
EIR. The U.S. Fish and Wildlife Service may become involved due
to the fact a reparian habitat exists in Otay Valley.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved (Councilman
Malcolm opposed).
19. REPORT OF THE CITY MANAGER
a. City Manager Goss stated an additional item has been added to
the Council Conference agenda scheduled for Thursday, July 24
regarding the Telegraph Canyon Flood Control Project.
b. MSUC (Cox/Moore) for a Closed Session (at the end of the
business meeting) for "Meet and Confer" and proposed
acquisition of property (Third and "H" Street and potential
sites for additional downtown parking in the Town Centre area).
c. The library will be closed August 1 through August 17 for
carpet installation.
20. MAYOR'S REPORT
a. LEAGUE OF CALIFORNIA CITIES REPORT ON ANNUAL CONFERENCE
RESOLUTIONS PROCEDURE
The Mayor requested any proposed League resolutions be
submitted at the August 5 meeting.
21. COUNCIL COMMENTS
a. In response to Councilwoman McCandliss' request, Planning
Director Krempl stated the RV Task Force will meet again On
July 31. A recommendation will be forthcoming to Council
following Planning Commission consideration in August.
b. Councilwoman McCandliss requested a copy of the report from
the Carlsbad Task Force regarding controlled/growth moratorium.
c. Councilman Moore suggested the City's MTDB representative
(Councilwoman McCandliss) request a report on MTDB'S patrol of
"H" Street Trolley Station.
d. Councilman Moore expressed concern that "hulks" are still
being dumped in the industrial area on Main Street near Mace.
MINUTES - 19 July 22, 1986
MSUC (Moore/Malcolm) staff review this situation as to the
restrictions on automotive hulks and what the City does with them
(contact ecology junkyard on Energy Way).
e. Councilman Moore discussed the problem of overnight parking of
tractor trailers.
MS (Moore/Cox) have staff check into the potential of a parking
area of some type (for tractor trailers) and get them off the
street.
City Manager Goss noted this situation has already been
referred to staff for a report back.
Councilman Moore withdrew his motion and the second agreed.
f. Councilman Malcolm referred to the Resource Conservation
Commission minutes pertaining to location of a helipad in the
City.
MS (Malcolm/Moore) prior ~o issuance of a permit, this item
(Conditional Use Permit) is to come before the City Council for
review.
Planning Director Krempl remarked the Environmental Review
Coordinator advises this project is being reconsidered by the
RCC and may be withdrawn.
Councilman Malcolm withdrew his motion and the second
concurred.
g. Mayor Cox discussed the County's request for representation on
the Metro Food Bank Task Force.
MSUC (Cox/Campbell) authorize staff to attend, provide input and
report back to the City Council.
The City Council recessed at 9:29 p.m. to the Redevelopment Agency
meeting.
The City Council reconvened at 9:46 and recessed for Closed
Session. The City Clerk was excused and the City Manager reported
Closed Session ended at 10:25 p.m.
ADJOURNMENT AT 10:25 p.m. to the Council Conference scheduled for
Thursday, July 24 at 4:00 p.m. and to the Joint City
Council/Redevelopment Agency meeting on Monday, July 28, 1986 at 4
p.m. and Boards/Commissions interviews at 5:30 p.m.
Jennie M. Fu ~', CM~ Adele A. Sarmiento
City Clerk Deputy City Clerk
0838C
STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER
COUNTY OF SAN DIEGO ) ss OF ADJOURNMENT OF MEETING
CITY OF CHULA VISTA )
I, Adele A. Sarmiento, being first duly sworn depose and say:
That I am the duly chosen, qualified and acting Deputy City Clerk
of the City Council of the City of Chula Vista.
That the regular meeting of the City Council of the
City of Chula Vista was held Tuesday, July 22, 1986,
and said meeting was adjourned to the time and place specified in
the Order of Adjournment ATTACHED HERETO~
That on Wednesday, July 23, 1986, at the hour of 10 a.m.
I posted a copy of said order at a conspicuous place on or near the
door of the place at which said meeting of July 22, 1986,
was held.
Deputy City Clerk
Subscribed and sworn to bef re me this
,~ day of
19~ .
N ~
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFOR~IA
Held Tuesday, July 22, 1986
The City Council met in the Council Chamber of the Public Services
Building, 276 Fourth Avenue on the above date at 7 p.m. with
the following:
Councilmen Present: Campbell, McCandliss, Cox, Malcolm, Moore
Councilmen Absent: None
ADJOURNMENT
The Mayor adjourned the meeting until ThursdaV, July 24, 1986,
at 4 p.m. in the Council~~Conference Room, City Hall/
~]~XE~j~X~2~W~~ 276 Fourth Avenue, Chula Vista, California.
I, Adele A. Sarmiento, Deputy 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 July 22, 1986
Deputy City Clerk
City of Chula Vista, California