HomeMy WebLinkAboutcc min 1986/08/05 CI]Y OF
- CHULA VISTA
OFFIGE OF ]'HE GITY GI_ERK
NOTICE OF CLOSED SESSION
NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the
CITY OF CHULA VISTA will meet in Closed Session on
Tuesday, August 5, 1986 following the regular meeting
scheduled to begin at 4:00 p.m. in the COUNCIL CHAMBER,
Public Services Building, 276 Fourth Avenue, Chula Vista
California.
The following will be discussed in Closed Session:
Potential acquisition of property in the
Towne Centre I Redevelopment Area
Section 404 Permit
Pending litigation (Chula Vista vs. Reed)
Dated: 7/30/86
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5041
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, August 5, 1986 Council Chamber
4:10 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers Malcolm (arrived
late, 4:17 p.m.), Moore, Campbell,
McCandliss
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, Assistant City Attorney
Gill, Assistant City Manager Asmus
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
The Pledge of Allegiance to the Flag was led by Mayor pro Tempore
McCandliss, followed by a moment of silent prayer.
Mayor Cox arrived at this time.
1. APPROVAL OF MINUTES for the meetings of July 22 and 24, 1986.
MSUC (Campbell/McCandliss) to approve the minutes (Mayor Cox
abstained on the minutes of July 24 due to his absence at that
meeting).
2. SPECIAL ORDERS OF THE DAY
a. OATHS OF OFFICE -
The Oath of Office was administered by City Clerk Fulasz to
the following:
John A. Willett - Parks & Recreation Commission
Richard J. Dellamaestra - Parks & Recreation Commission
Clifford Roland - Parks & Recreation Commission
b. PRESENTATION OF WATER CONSERVATION AWARD TO THE CITY OF CHULA
VISTA - Bob Sennett
Landscape Architect Sennett presented this award on behalf of
the San Diego County Water Authority in recognition of Chula
Vista's effort to conserve water and preserve its natural
resources.
I I · 'l
MINUTES 2 August 5, 1986
c. PROCLAMATION COMMENDING THE CHULA VISTA MAJOR ALL-STARS BOBBY
SOX DISTRICT CHAMPIONS ON THEIR TRIUMPHS AT THE BOBBY SOX
DISTRICT TOURNAMENT
Mayor COX read the proclamation commending the Chula Vista
Major All-Stars which was presented by Councilwoman McCandliss
to the team's Manager, Bernice Thomas, and all team members.
Councilman Malcolm arrived at this time.
d. PROCLAMATION COMMENDING THE CHULA VISTA MINOR ALL-STARS BOBBY
SOX DISTRICT CHAMPIONS ON THEIR TRIUMPHS AT THE BOBBY SOX
D~STR~CT TOURNAMENT
Mayor Cox read the proclamation commending the Chula Vista
Minor All-Stars which was presented by Councilwoman McCandliss
to the team's Manager, Pat Contreras, and all team members.
Linda Rayburn, representing Major and Minor Bobby Sox
All-Stars, noted this was the first year both the major and
minor teams participated in the State Championships and
thanked the City Council for their recognition.
Mayor Cox invited the All-Stars to a cake and punch reception
in their honor in the adjoining conference room.
3. WRITTEN COMMUNICATIONS
a. CLAIMS AGAINST THE CITY
Ms. Jackie Marsh, 282 Landis Avenue, Chula Vista 92010
On June 9, 1986, Ms. Marsh filed an amended Claim in the
amount of $15,000 alleging personal injuries sustained at the
entrance to a City parking lot on Landis Avenue.
Mr. Mark William Grant, 1623 "I" Avenue, #7, San Diego 92050
On July 16, 1986, Mr. Grant presented a claim to the City in
the amount of ~5,000 alleging the City was responsible for his
abandoned vehicle being towed away and sold.
MSUC (McCandliss/Moore) to deny the claims.
b. REQUEST FOR REAPPOINTMENT/RESIGNATIONS
Reappointment to the Library Board of Trustees Bill McBreen,
Chula Vista
Resignation from the Parks and Recreation Commission Harry
C. Shank, Chula Vista
MINUTES - 3 AUgust 5, 1986
Resignation from International Friendship Commission - June
Brines, Chula Vista
MSUC (Malcolm/Moore) letters of resignation from Harry Shank and
June Brines be accepted with regret and a letter of appreciation
be transmitted to these Commissioners, and the request for
reappointment be approved.
c. REQUEST FOR WAIVER OF DEPOSIT FOR THE BONITA OPTIMIST CLUB
ANNUAL RACE - Tom Coles, Chairman, Bonita Optimist Club, P.O.
Box 872, Bonita CA 92002
The Bonita Optimist Club has scheduled its annual Half
Marathon & Family Fun Run on Sunday, october 26 at 7:00 a.m.
beginning and ending at Plaza Bonita Shopping Center. Mr.
Coles requested the City waive the deposit for this event.
MSUC (McCandliss/Moore) approve the request subject to staff
conditions.
d. REQUEST FOR ADOPTION OF COUNTY ORDINANCE REGARDING
TRANSPORTATION OF ANIMALS Fred J. Lee, Executive Director,
San Diego County Humane Society, 887 Sherman Street, San
Diego 92110
~4r. Fred Lee, 887 Sherman, San Diego 92110, representing San
Diego Humane Society, informed Council that the County Board
of Supervisors passed an ordinance regarding transportation of
animals and requested the City of Chula Vista take similar
action.
City Manager Goss recommended instead that the City Council
adopt a resolution urging the League of California Cities to
pursue State legislation and endorse it at its annual
conference in Los Angeles this coming fall.
Mr. Lee stated many Counties have already passed the proposed
resolution; other cities in San Diego County have been
requested to act on a resolution (Escondido has adopted
resolution and City of San Diego will follow suit).
MS (Malcolm/McCandliss) for staff recommendation.
Mayor Cox and Councilman Campbell opposed the motion indicating
Chula Vista should support what other cities are doing in this
regard.
SUBSTITUTE MOTION
MS (Cox/Campbell) direct staff to bring back an Ordinance
affecting changes requested and approve the resolution to be
submitted to the League seeking State-wide legislation.
MINUTES 4 August 5, 1986
In response to Council's concerns, Mr. Lee stated the Highway
Patrol will enforce the situation when it happens; law is
necessary to prevent auto accidents; animals killed on freeways
daily; infractions could be written if an ordinance exists.
The motion to bring back an ordinance and adopt League resolution
passed by the following vote:
AYES: Cox, Campbell, McCandliss
NOES: Malcolm, Moore
ABSENT: None
e. CONCERN REGARDING HIGH SPEED TRAFFIC ON EAST "H" STREET
BETWEEN BONITA VISTA HIGH SCHOOL AND TIFFANY ELEMENTARY SCHOOL
- Alayne Slater, 1614 East "H" Street, Chula Vista 92013
This letter, concerning speeding on East "H" Street (between
Bonita Vista High School and Tiffany Elementary School), was
referred to the Police Department.
City Manager Goss recommended a letter be transmitted to
Alayne Slater stating the police will be checking unsafe
speeds on this section of road; that East "H" Street is not a
residential street; and the function this street will play in
the City's traffic circulation system.
MSUC (Cox/McCandliss) accept staff's recommendation.
f. PETITION REQUESTING RECONSIDERATION OF PLAN TO ELIMINATE
SWIMMING POOL FROM ROHR PARK MASTER PLAN Sunrise,'Sunshine,
Sunset VI Girl Scout Day Camp, Ann Diffley, Director, 1231
Upas Street, San Diego, CA 92103
This petition was submitted to the Parks and Recreation
Commission regarding the Rohr Park Master Plan. The Girl
Scouts asked that the swimming facility at Rohr Park continue
to be provided and maintained.
In light of Council's recent action in adopting the Master
Plan, the City Manager recommended it not be modified, but be
reviewed in light of all community interests as major phases
of implementation are proposed and considered.
MSUC (Malcolm/Moore) accept staff recommendation.
Doreen Dumas, 736 Fifth Avenue, Chula Vista, representing the
San Diego-Imperial Girl Scout Council, Inc., stated the Girl
Scouts' first indication that swimming facility would be
eliminated from the Master Plan was provided by Councilwoman
McCandliss; swimming is an integral part of the plan; City is
not aware of its importance as many children use the pool
during the summer; Council provided services in Master Plan
for special interest groups but not Girl Scouts; requested
facility be retained.
MINUTES - 5 - August 5, 1986
Mayor Cox reiterated Council's action not to modify the plan
at this time.
Director of Parks & Recreation Mollinedo explained the
existing swimming pool requires a great deal of maintenance
aBd repairs and it would probably be 4-5 years before it would
be operable again.
Council discussion followed regarding providing swimming
accommodations as a component of the summer recreation
program; City Council has approved other youth-oriented
services in the Master Plan ( i .e., soccer fields, lighted
ballfields); swimming is not precluded as a result of
Council's action to adopt the Master Plan.
MSUC (Malcolm/McCandliss) (to reiterate the motion) approve
staff's recommendation (Rohr Park Master Plan not be modified, but
be reviewed in light of all community interests as major phases of
implementation are proposed and considered).
g. SUGGESTION TO REQUIRE MORE VISIBLE ADDRESSES ON PROFESSIONAL
BUILDINGS - R. R. Miller, P.O. BOX 310, Millbrae, CA 94030
Mr. Miller noted addresses on banks, hotels/motels, fast food
outlets, gas stations, etc. are hidden, missing or too small
to read, and provided suggestions and illustrations for
Council consideration.
MSUC (Malcolm/Moore) this letter be acknowledged and filed.
CONSENT CALENDAR ( 4 25 )
Items 4, 16, 18, 20a & b, 21, 24, and 25 pulled.
MSUC (Cox/Campbell) approve the Consent Calendar.
4. RESOLUTION APPROVING SECOND 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 AUTHORI ZING THE MAYOR TO
EXECUTE SAID AGREEMENT (Continued from
July 22, 1986) (Director of Parks &
Recreation)
Pulled from Consent Calendar.
5. RESOLUTION 12641 APPROVING THE "PALOMAR/BAY BOULEVARD
REORGANIZATION" (Director of Planning)
MINUTES - 6 - August 5, 1986
On November 5, 1985, the City Council adopted Resolution No. 12235
to initiate application for the "Palomar/Bay Boulevard
Reorganization" involving the annexation of approximately 63 acres
of uninhabited territory located within the jurisdictional
poundaries of the City of San Diego.
The application for this reorganization proposal was filed with
LAFCO on November 7, 1985, and the San Diego City Council passed a
resolution approving the detachment on June 10, 1986.
On July 7, 1986, the Local Agency Formation Commission adopted a
resolution approving the reorganization (Reference No. 8522).
The subject 63.1 acres is located entirely within the City limits
of the City of San Diego. The area is bounded by the City of
National City along the westerly boundary and by the City of Chula
Vista along the northerly and easterly boundaries. The southerly
boundary is the westerly extension of Palomar Street. The
territory comprises two parcels, with two ownerships (SDG&E and
Western Salt Co.). The land is characterized by salt evaporation
ponds, a vacant industrial structure and SDG&E tanks.
6. RESOLUTION 12642 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND PRC ENGINEERING, INC. FOR
GENERAL PLAN UPDATE SERVICES AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Director of Planning)
On December 10, 1985, Council authorized the issuance of a request
for Statement of Qualifications for general planning services to
prepare a completely new General Plan for the City. The proposed
work program envisions a multi-disciplinary team carrying out
three major tasks which, when integrated into a single document,
will constitute a new General Plan for the City of Chula Vista and
the surrounding planning area. The three major tasks are General
Plan, Transportation Plan and Public Facilities Plan. A Library
Master Plan will also be integrated into the final plan; this work
was authorized by Council on July 8, 1986. This contract deals
with the first of these three major tasks--the General Plan.
Eleven firms from throughout California responded to the City's
request.
These eleven firms were evaluated by staff with PRC Engineering
selected as the best qualified firm. A detailed work program and
contract was prepared for City Council consideration. The project
is estimated to take approximately 14 months to complete.
The estimated total project cost is ~228,000. Sufficient monies
have been budgeted in the FY 86-87.planning department budget from
the General Fund.
MINUTES - 7 - August 5, 1986
7. RESOLUTION 12643 ACCEPTING THE WORK ON THE REMODELED
MANAGEMENT SERVICES' OFFICES IN CITY HALL
(Acting Director of Building &
Housing/Deputy City Manager)
On February 18, 1986, RONCO Construction Company was awarded the
contract for remodeling offices for the Management Services
Department by the City Council. Prior to his retirement, the
Director of Building and Housing inspected the work and found it
to be satisfactory with the exception of a short list of
deficiencies. The company has since corrected all of these
deficiencies.
8. RESOLUTION 12644 AUTHORIZING EXPENDITURE OUT OF THE
APPROPRIATED CONTINGENCY RESERVE FOR
DISPLAY PHOTOGRAPHS FOR CITY COUNCIL LOBBY
AREA (Deputy City Manager)
Existing stock photographs have been reviewed to determine
alternatives for use in the lighted photo display case in the
north end of City Hall. The display case will hold 12
photographs, but such a display is most effective if periodically
some of the shots are replaced and some are rearranged within the
case. It is therefore recommended that funding for up to 20
display photographs be authorized.
The committee has initially selected 15 photographs for use in the
display case, and these photos are available for viewing in the
city Clerk's office. It is anticipated that an additional 5
photos would be selected during the year.
Adequate funds are available to cover the expenditure of up to
$1,500 in the appropriated contingency reserve of the General
Fund. Similarly, adequate funds are available in the
Redevelopment Agency's appropriated contingency reserve to
reimburse the General Fund for up to $750 of that amount.
The recommendation was for Council to adopt the resolution
authorizing staff to expend up to $1,500 for display photographs
out of the Appropriated Contingency Reserve.
9. RESOLUTION 12645 APPROVING AMENDMENT TO FY 1983-87 MOU
CONCERNING WAGES AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT WITH LOCAL 2180,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
(Deputy City Manager)
The City and Local 2180 of the International Association of
Firefighters (IAFF) are just starting the last year of their
four-year (FY 1983-87) MOU. The City's negotiating team and IAFF
representatives have formulated an amendment to that MOU, and the
amendment has been ratified by the IAFF membership.
MINUTES - 8 - August 5, 1986
The total estimated FY 1986-87 cost of the items covered in the
amendment is $77,870, most of which is required by the Fair Labor
Standards Act. The existing four-year MOU also provides that the
FY 1986-87 base wages of represented Fire employees will be
increased by the same percentage as the FY 1986-87 increase for
CVEA.
A single appropriating resolution will be submitted to Council
when pay increases for all employees have been determined.
10a.RESOLUTION 12646 APPROVING THAT CERTAIN MEMORANDUM OF
UNDERSTANDING CONCERNING WAGES AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN
THE CITY OF CHULA VISTA AND THE POLICE
OFFICERS ASSOCIATION FOR FISCAL YEAR
1986-87 (Assistant City Manager)
Negotiating teams representing the City and the Chula Vista Police
Officers Association (POA) have reached agreement on a Memorandum
of Understanding (MOU) with major changes which have been ratified
by POA's membership
The 1986-87 MOU includes major changes regarding wages, new shift
schedules, overtime, driving eligibility, substance abuse program,
differential, health plan, life insurance, holidays, and deferred
compensation.
b. RESOLUTION 12647 IMPLEMENTING THE PROVISIONS OF SECTION
414(H)(2) INTERNAL REVENUE CODE (Assistant
City Manager)
As part of negotiations with the Chula Vista Police Officers
Association (POA), the Memorandum of Understanding (MOU) agreed to
implement Section 414 (H)(2) Internal Revenue Code, treating
employee contributions to PERS as deferred compensation for tax
purposes. The IRS requires that the City Council adopt the
resolution in order to implement this Section.
11. RESOLUTION 12648 APPROVING THAT CERTAIN MEMORANDUM OF
UNDERSTANDING CONCERNING WAGES AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN
THE CITY OF CHULA VISTA AND THE CHULA
VISTA CHAPTER, WESTERN COUNCIL OF
ENGINEERS FOR FISCAL YEAR 1986-87
(Assistant City Manager
The City's negotiating team has concluded an MOU with the Western
Council of Engineers (WCE), which has been ratified by their
membership.
The 1986-87 MOU with WCE includes changes to wages, employee
benefits, driving eligibility, and substance/alcohol abuse program.
MINUTES 9 August 5, 1986
The total additional cost for the compensation package is $39,600,
which falls within the established guidelines.
12. RESOLUTION 12649 APPROVING THAT CERTAIN MEMORANDUM OF
UNDERSTANDING CONCERNING WAGES AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN
THE CITY OF CHULA VISTA AND THE CHULA
VISTA EMPLOYEES ASSOCIATION FOR FISCAL
YEAR 1986-87 (Director of Personnel)
Negotiating teams representing the City and Chula Vista Employees
Association (CVEA) have reached agreement on a Memorandum of
Understanding (MOU) , which has been ratified by CVEA'S
membership. Major changes to the MOU include: general wage
increase of 5% for specific classifications; shift differential,
meal breaks, increased standby pay; Flex Benefit Plan increased;
educational account; life insurance increase; uniform allotment
increased; probationary periods decreased; policy on prohibiting
drug and/or alcohol use or possession; policy requiring driver ' s
license verification.
The total additional annual cost for the Compensation Package is
approximately $422,683, which falls within the established
guidelines.
13. RESOLUTION 12650 AUTHORIZING SUBMITTAL OF GRANT APPLICATION
TO THE CALIFORNIA ENVIRONMENTAL PROTECTION
PROGRAM FOR PARTIAL FUNDING OF NATURE
INTERPRETIVE CENTER EXHIBITS (Community
Development Director )
The California Environmental Protection Program grant application
requests $170,500 in matching funds from the 1986-87 State
Environmental License Plate (ELP) funds for construction of
Nature/Interpretive Center exhibits. Based on an initial estimate
of costs for interior exhibit construction, ~200,000 was set aside
in the 1986-87 Redevelopment Agency budget. The most recent cost
estimate prepared by Rhodes/Dahl is $341,000. If the funds
requested are granted, the City will be able to implement the
entire schematic design for the interior of the center for less
than the $200,000 budgeted.
At their first meeting, the Bayfront Conservancy Trust recommended
submittal of an Environmental Protection Program grant application.
14. RESOLUTION 12651 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND WOODLAWN PARK COMMUNITY
CENTER AND AUTHORI ZING THE MAYOR TO
EXECUTE SAID AGREEMENT ( Community
Development Director )
MINUTES - 10 August 5, 1986
On May 13, 1986, the City Council approved the Community
Development Block Grant (CDBG) budget for fiscal year 1986-87.
Included in that approved budget were funds for the Woodlawn Park
Community Center. The agreement with the Center was delayed,
pending a decision on insurance coverage. The Center has arranged
for full insurance coverage. An agreement for supporting the
program must now be approved before funds can be released.
The City cost of the program, $15,000, will be funded from the
1986-87 Community Development Block Grant budget. No general
funds will be involved.
15. RESOLUTION 12652 APPROVING AND ACCEPTING PUBLIC
IMPROVEMENTS IN THAT CERTAIN SUBDIVISION
KNOWN AND DESIGNATED AS EL RANCHO DEL REY
UNIT 6C (Director of Public Works/City
Engineer)
Pacific Scene, Inc. has completed the public improvements for E1
Rancho Del Rey Subdivision Unit 6C. The Improvement Agreement was
approved by Council Resolution 11665 on June 19, 1984.
Pacific Scene has posted a bond in the amount of $154,500.00 to
guarantee the public improvements as to material and labor for a
period of one year after acceptance by the City Council.
16. RESOLUTION APPROVING AMENDED AGREEMENT FOR THE CITY
OF CHULA VISTA TO PROVIDE POLICE
PROTECTION SERVICES ON SAN DIEGO UNIFIED
PORT DISTRICT PROPERTY LOCATED IN THE CITY
OF CHULA VISTA AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT (Director of
Public Safety)
Pulled from Consent Calendar.
17. RESOLUTION 12653 ACCEPTING PUBLIC IMPROVEMENTS -"F" STREET
DRAINAGE BASIN, NEAR WOODLAWN AVENUE,
BETWEEN "F" STREET AND "G" STREET
(Director of Public Works/City Engineer)
Pestana Pipeline, Inc., by Resolution 18198, was awarded the
contract for construction of the "F" Street Drainage Basin System
between "F" Street and "G" Street near Woodlawn Avenue. The
contract date is October 17, 1985. This was a Federally assisted
project under the Block Grant Program. The work is now completed.
FINANCIAL STATEMENT:
Authorized Expenditure $253,000.00
Original Contract Amount: $229,945.00
Final Construction Cost 227,932.50
Balance of Authorized Expenditure ~ 25,067.50
MINUTES - 11 August 5, 1986
18. RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR
PLACEMENT OF CHIP SEAL (1986-87 PROGRAM)
ON VARIOUS STREETS IN THE CITY OF CHULA
VISTA, CALIFORNIA (Director of Public
Works/City Engineer )
Pulled from Consent Calendar.
19. RESOLUTION 12654 ACCEPTING PUBLIC IMPROVEMENTS -
REPLACEMENT OF EXISTING CITY PARK SECURITY
LIGHTING (Director of Public Works/City
Engineer )
Aztec Electric Company has completed the replacement of existing
City park security lighting in nine City parks: Tiffany, Palomar,
Los Ninos, Halecrest, Valle Lindo, Greg Rogers, Otay, Hilltop, and
EDGE Easement Park east of Hilltop Drive. The contract dated
March 10, 1986 was awarded by Council Resolution 12353 on January
28, 1986.
FINANCIAL STATEMENT:
Authorized Expenditure $83,130.00
Contract Cost 79,130.00
Balance of Authorized Funds $ 4,000.00
20a .RESOLUTION ADOPTING A MAP SHOWING THE GENERAL NATURE
AND LOCATION OF CERTAIN PUBLIC WORKS OF
IMPROVEMENT AND SHOWING THE PROPOSED
BOUNDARIES OF THE ASSESSMENT DISTRICT TO
BE ASSESSED FOR SAID IMPROVEMENT (Director
of Public Works/City Engineer)
b. RESOLUTION ORDERING THE INSTALLATION OF CERTAIN
PUBLIC IMPROVEMENTS WITHIN A BLOCK AND
INSTRUCTING THE SUPERINTENDENT OF STREETS
TO GIVE NOTICE AND ORDER THE CONSTRUCTION
OF SAID IMPROVEMENT
Pulled from Consent Calendar.
21. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND TREETOPS UNLIMITED FOR
RELEASE OF BOND AND CERTIFICATE OF DEPOSIT
ASSOCIATED WITH THE CHARTER POINT
SUBDIVISION AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (Director of Public
Works/City Engineer)
Pulled from Consent Calendar.
MINUTES - 12 August 5, 1986
22. RESOLUTION 12655 ACCEPTING RIGHT-OF-WAY EASEMENT AT 423
CHURCH AVENUE (Director of Public
',, Works/City Engineer)
In July 1985, "G" and Church Limited applied for a permit to
construct a 36-unit apartment building at 423 Church Avenue known
as Oak Terrace.
A grading permit was required under Ordinance 1797 of the City
Code in which the requirement to construct storm drainage
improvements resulted in the need for a right-of-way and drainage
easements being granted to the City for the right of ingress,
egress, and to construct, maintain, operate, replace, remove, or
enlarge a drain sewer and appurtenant structures.
The recommendation was for Council to adopt a resolution accepting
the subject dedications and direct the City Clerk to forward them
to the County Recorder's office.
23. RESOLUTION 12656 SUPPORTING LOCATION OF UCSD CAMPUS
EXTENSION IN CHULA VISTA (Deputy City
Manager)
At its July 15, 1986 meeting, the City Council requested staff
prepare a resolution supporting development of a UCSD campus
extension in the City of Chula Vista.
- 24. ORDINANCE AMENDING CHAPTER 9.50 OF THE CHULA VISTA
" MUNICIPAL CODE BY ADDING AND AMENDING
SPECIFIC SECTIONS OF SAID CHAPTER RELATING
TO MOBILEHOME PARK SPACE RENT MEDIATION -
FIRST READING (Continued from July 15,
1986)(Community Development Director)
Pulled from Consent Calendar.
25. REPORT ON SCHOOL IMPACT FEES (COntinued from
7/22/86)(Principal Management Assistant)
Pulled from Consent Calendar.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
Mayor Cox suggested Council consider changing the order of public
hearings this afternoon taking those with little public input
first.
MSUC (Cox/Malcolm) deal with Items 30 and 29 first.
MINUTES - 13 - August 5, 1986
30. PUBLIC HEARING CONSIDERATION OF THE PROPOSED "OTAY
VALLEY/PALM REORGANIZATION" (Director of
Planning)
a. RESOLUTION 12657 APPROVING THE OTAY VALLEY/PALM
REORGANIZATION
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Director of Planning Krempl testified that on November 5, 1985,
the City Council adopted Resolution No. 12239 initiating an
application for the "Otay Valley/Palm Reorganization" involving
the annexation of approximately 566 acres located within the
jurisdiction of boundaries of the City of San Diego. On March 15,
1986, Council adopted a resolution amending its previous
application. The proposed reorganization now involves the
detachment from the City of San Diego of two separate areas of
vacant land totaling 242 acres, lying easterly of Interstate 805
and south of Otay Valley Road. The San Diego City Council passed
a resolution approving the detachment with conditions on June 10,
1986.
On July 7, 1986, the Local Agency Formation Commission adopted a
resolution approving the reorganization (Reference Number 8523).
The City of Chula Vista will receive $9,417 in property taxes
annually (proposed base distribution) plus 20.67% of the future
taxes generated from the area.
b. RESOLUTION 12658 APPROVING FACILITIES FINANCING AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND
PROPERTY OWNERS OF LAND WITHIN THE 242
ACRE OTAY VALLEY/PALM AVENUE
REORGANIZATION LYING SOUTH OF THE OTAY
RIVER AND EAST OF 1-805 AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
The purpose Of this agreement is to satisfy the conditions imposed
by the City of San Diego on the Otay Valley Road/Palm Avenue
Reorganization; namely, that the property owners will continue to
participate in the funding of various public improvements included
in the San Diego Otay Mesa Public Facility Finance Plan.
There would be no cost to the City of Chula Vista. The property
owner with the issuance of building permits, would have to pay the
City of San Diego in accordance with a schedule and based on land
use type and intensity. The amounts to be paid, for example, in
1986 dollars would be ~2,203 for each single family dwelling,
$1,542 for each multiple family dwelling, $38,582 for each
commercial acre and $9,819 for each industrial acre for which
building permits might be applied for this year.
MINUTES - 14 August 5, 1986
Paul Robinson, 600 "BN Street, Ste. 1100, San Diego 92101,
representing Chillingworth Corporation (Otay Rio Business Park),
explained an agreement has been negotiated with staff as to
conditions of the reorganization; specifically, it is requested
property owners be allowed to remain in the facilities maintenance
area; requested the City not charge property owners for public
improvements in two separate jurisdictions.
There being no further testimony either for or against, the public
hearing was closed.
RESOLUTIONS OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
29. PUBLIC HEARING PCM-86-30; CONSIDERATION OF AN AMENDMENT
TO THE EASTLAKE I PLANNED COMMUNITY
DI STRICT REGULATIONS - EASTLAKE
DEVELOPMENT COMPANY (Director of Planning)
ORDINANCE AMENDING THE EASTLAKE I PLANNED COMMUNITY
DISTRICT REGULATIONS ADOPTED BY THE CITY
PURSUANT TO ORDINANCE NO. 2103 FIRST
READING
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Director of Planning Krempl reported the EastLake Development
Company has filed a request to amend the EastLake I Planned
Community District Regulations in order to reduce the' required
side yard setbacks from 10' and 3' to 5' and 5' for single family
dwellings offering 3-car garages in the RS-5 Residential District.
The Environmental Review Coordinator has determined that the
proposal is exempt from environmental review as a Class 5 ( a )
Exemption.
On July 9, 1986, the Planning Commission recommended the City
Council adopt an ordinance to approve the amendment subject to the
following conditions:
1. The sideyard reduction from 10' and 3' to 5' and 5' for 3-car
garage plans shall apply to no more than one-third of the lots
in each of the two RS-5 District subareas.
2. A 3' level area shall be maintained between the dwelling and
toe-of-slope on the reduced sideyard lots, and a minimum of
10' shall be maintained between dwellings.
It was recommended Council concur with the recommendation of the
Planning Commission.
MINUTES - 15 August 5, 1986
Director Krempl responded the Council's questions stating this
request pertains to Brehm Homes; 130 potential dwelling units
could use this option; staff recommends reduction of side yard if
a three-car garage is provided but only for one-third of the lots
involved in all roads; recommendation is consistent with Council
decision on Casa del Rey.
Phil Scheuer, 1319 Costa Avenue, Chula Vista 92011, spoke in
opposition to staff's recommendation; trade-off for off-street
parking by allowing 3-car garage) is not palatable; if large
garage is requested, increased lot size should be required;
suggested contractor be required to provide appropriate size for
parking RVS.
There being no further testimony either for or against, the public
hearing was closedl
Discussion ensued regarding City would not be protecting
community's interest with adoption of this ordinance; critical
that access be provided in backyards; change at this phase of
planning is inappropriate; plan could be prepared depicting lots
that would be earmarked for change, since this ordinance only
involves new construction.
MSUC (Malcolm/Cox) direct staff to bring back the plan of exactly
which lots and how many are proposed in this particular
subdivision, as well as advice on previous plan regarding Casa del
Rey Subdivision.
26. PUBLIC HEARING TO CONSIDER THE SALE OF OPEN SPACE
PROPERTY AND BOUNDARY ADJUSTMENTS TO OPEN
SPACE DISTRICT #3, RANCHO ROBINHOOD
SUBDIVISION; DISTRICT #4, BONITA RIDGE
ESTATES; AND DISTRICT #8, BONITA ROBINHOOD
(Director of Parks & Recreation)
RESOLUTION ADOPTING THE OPEN SPACE LAND SALE POLICY,
INITIATING THE PROCESS TO RELEASE THE
CITY'S INTEREST IN OPEN SPACE PROPERTIES,
APPROPRIATING THE NECESSARY MONIES
REQUIRED TO RETAIN A LAND APPRAISER AND
DIRECTING STAFF TO RETURN TO COUNCIL WITH
A RESOLUTION AND REPORT
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
In February 1983, Dr. Stephen Taylor, 315 Surrey Drive, requested
a temporary encroachment of 1,400 sq. ft. in order to construct a
storage shed and retaining wall on City open space property. This
request was considered by Council on April 23, 1983 and deferred
to Engineering for the purpose of reviewing the possibility of
MINUTES - 16 August 5, 1986
selling this property to the owner. In September 1984, Dr. Taylor
increased the square footage of his original request to 3,600 sq.
ft. At that time, several neighbors residing on Surrey Drive made
similar requests to purchase open space property.
Director of Parks & Recreation Mollinedo explained that on March
25, 1986, Council directed the Parks and Recreation Department to
develop a general policy for the sale of open space property under
special circumstances. The Open Space Land Policy establishes
criteria for identifying "saleable" lots, and lists methods for
selling these lots. It was noted that approval of this policy
does not require an environmental review. A review will be
required prior to the sale of each area.
It was recommended Council:
1. Accept the attached Open Space Land Sale Policy.
2. Initiate the process to release the City's interest in open
space properties fitting the criteria listed in the attached
Open Space Land Sale Policy Statement.
3. Appropriate the necessary monies required to retain a land
appraiser.
4. Direct staff to return to Council with a resolution and report
to include the following:
a. Relinquishment of the City's interest for a price to be
determined by an appraiser, at fair market price.
b. The property owner shall have proper legal descriptions
prepared to submit to the City for approval.
c. Property appraisal costs shall be added to the purchase
costs at the time of the sale transaction.
Director Mollinedo submitted slides depicting the five lots which
meet the criteria for "saleable" lots and whose property owners
have expressed an interest in purchasing open space; property
owner at 315 Surrey Drive (Taylor) has recently constructed a
swimming pool in open space; chain link fences have been erected
in open space at 311 and 319 Surrey; landscaping maintained in
open space at 347 Surrey; small tree planted in open space at 1206
Fallbrook Court; Open Space Coordinator recommended the extra
2,200 sq. ft. requested by Dr. Taylor should not be considered as
"saleable" open space.
Discussion followed regarding City initiating appraisal services;
each request to purchase would be reviewed on a case-by-case
basis; property should -be assessed at the current market value;
questioned property valuation based on front lot value; revenue as
MINUTES - 17 August 5, 1986
a result of sale would revert to open space districts, not the
City; input from homeowners' associations regarding sale of open
space obtained by staff; homeowners reassured not all open space
proposed to be sold (only 7 lots).
M. A. Thompson, 347 Surrey Drive, Chula Vista 92002, explained
his property involves purchasing ten feet of open space to provide
landscaping; he has maintained open space for 12 years; area is
too close to his house to be maintained by City; area is not
visible from the street; surrounding neighbors have no objections
to this sale; unaware property was open space when first
purchased; property valuation should not be made based on entire
lot.
Gary Numenthaler, 1229 Fallbrook Court, Bonita 92002, referred to
his letter submitted to Council; objected to sale of open space;
suggested land be turned over to residents.
Senior Civil Engineer Goldkamp, in answer to Council's concerns,
explained the conceptual grading map is approved on the tentative
map followed by submittal of grading, street improvements and
final map; problems arise during grading phase; open space
district formed concurrently with filing of final map; staking
made before City accepts final grading of property.
Planning Director Krempl added grading is reviewed during the
final map phase--at this point, changes are made.
property: Kate Harding, 312 Maverick Place, Bonita 9
Bernard Helfers, 340 Greenwood Place, Bonita 92002; Phyllis
Altomare, 1205 Fallbrook Court, Bonita; Jesus Reyes, 3904 Palm
Drive, Bonita; Clarence Couch, 906 Buckaroo Lane; George Gerber,
371 Camino Elevado; Alan Keebler, 948 Buckaroo Lane.
Their comments included: quality of life will decrease if City
relinquishes interest in open Space; questioned staff
recommendation releasing City interest to properties fitting
criteria of proposed Open Space Land Sale Policy; need "nature";
open space designation should be retained; neighbors of potential
sold open space should have input; criteria does not fit all lots
in open space district; many open space areas do not receive
utility or landscaping services; approval of sale could lead to
development of apartment complexes, new roads and drainage
problems; retain existing open space policy; new policy should
developed with input from open space district residents/owners;
City Council will betray trust of citizens is sale is approved;
grading and water flow may be altered by individual owners.
There being no further testimony either for or against, the public
hearing was closed.
MINUTES - 18 August 5, 1986
Council discussion involved: the proposed policy was not provided
with the public hearing notice to affected property owners;
suggested a mail ballot processing polling open space district
homeowners be undertaken to solicit input regarding sale of land;
extraordinary vote of residents should be obtained before this
item comes back to Council; questioned determination for appraisal
of property; burden of sale should be placed on property owners;
questioned why policy is necessary for only seven lots.
MS (Cox/Campbell) refer policy to staff to address concerns raised
by City Council--specifically, (addressing) the requirement to
have an appraisal of land paid for prior to initiation of the
request, that there be a procedure established to allow for a vote
of the residents (majority or extraordinary), reversionary
interest to property owner, more delineation regarding liability.
Assistant City Attorney Gill advised Council to set a specific
date to bring back this item.
AMENDMENT TO MOTION
MSUC (Cox/McCandliss) continue this item to the meeting of
September 2, 1986 at 4 p.m.
The Council meeting was recessed at 6:15 p.m. for a dinner break
and reconvened at 6:35 p.m. to the Redevelopment Agency meeting.
The Council reconvened its meeting at 8:46 p.m.
27. PUBLIC HEARING PCA-87-1 CONSIDERATION OF AN AMENDMENT TO
THE MUNICIPAL CODE TO REQUIRE ALL LIVING
QUARTERS IN THE R-1 ZONE TO BE ATTACHED -
COUNCIL INITIATED (Director of Planning)
ORDINANCE 2161 AMENDING SECTION 19.24.020 OF THE CHULA
VISTA MUNICIPAL CODE TO REQUIRE ALL LIVING
QUARTERS IN THE R-1 ZONE TO BE ATTACHED
FIRST READING
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
At the meeting of June 24, 1986, the Council requested staff
return as soon as possible with an ordinance requiring all living
quarters in the R-1 zone to be attached.
The Environmental Review Coordinator has determined that the
proposed amendment is exempt from environmental review as a Class
l(e) exemption.
I T · 'l
MINUTES 19 - August 5, 1986
On July 23, 1986, the Planning Commission recommended against the
adoption of the amendment. The Commission felt that the very
limited instance of any problems with the current ordinance
justified leaving the ordinance as is.
Planning Director Krempl recommended Council enact an ordinance
amending Title 19 of the Municipal Code as follows:
Chapter 19.24 R-1 Single Family Residence Zone
19.24.020 Permitted Uses.
C. All portions of the dwelling, factory-built home or
mobile home used for living or sleeping purposes shall be
attached by common walls.
There being no public testimony either for or against, the public
hearing was closed.
MS (McCandliss/Cox) place the Ordinance on First Reading, the
reading of the text was waived by unanimous consent.
Councilman Campbell expressed concern with the types of residents
this ordinance would affect, noting the ordinance is too
restrictive.
Councilwoman McCandliss remarked this action would set down laws
that these types of units are not acceptable for renting in the
future.
The motion to place the ordinance on first reading passed with
Councilman Campbell opposed.
28. PUBLIC HEARING PCA-86-11 CONSIDERATION OF AN AMENDMENT TO
TITLE 19 OF THE MUNICIPAL CODE TO MODIFY
THE DEFINITION OF AUTOMOBILE SERVICE
STATION (Director of Planning)
ORDINANCE 2162 AMENDING SECTIONS 19.04.024 AND 19.58.280
OF TITLE 19 OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO THE DEFINITION OF
AUTOMOBILE SERVICE STATION FIRST READING
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Director of Planning Krempl reported recent litigation between the
City and a local tire dealer resulted in a ruling that uses other
than the traditional gas station can technically fall within the
City's definition of "automobile service station." This ruling
would allow other businesses to avail themselves of special
provisions regarding outside sales and displays that were
formulated especially for gas stations. The proposed amendment is
intended to correct this situation.
MINUTES 20 - August 5, 1986
An Initial Study, IS-86-54, of possible adverse environmental
impacts of the project was conducted, and the Environmental Review
Coordinator concluded there would be no significant environmental
effects and recommended that the Negative Declaration be adopted.
On July 9, 1986, the Planning Commission found in accordance with
Resolution PCA-86-11, that the project would have no significant
environmental impacts and adopted the Negative Declaration issued
on IS-86-54. The Commission therefore recommended Council enact
an ordinance amending Title 19 of the Municipal Code.
Director Krempl recommended Council concur with the recommendation
of the Planning Commission.
There being no public testimony either for or against, the public
hearing was closedl
In response to Council's question, Assistant City Attorney Gill
explained this ordinance is a result of litigation in which the
Judge interpreted the Municipal Code definition of service
stations and eliminated the' distinction proposed by the Planning
Director.
MSUC (Malcolm/Moore) place the ordinance on first reading, the
reading of the text was waived by unanimous consent.
CONSENT CALENDAR ITEMS PULLED
4. RESOLUTION 12659 APPROVING SECOND 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 (Continued from
July 22, 1986) (Director of Parks &
Recreation)
The City currently has a lease agreement with the Boys' Club for
the site at "I" Street and Fifth Avenue (part of the Town Centre
II Redevelopment Project). The term of the agreement is on a
month-to-month basis and calls for termination when construction
of the Girls' and Boys' Club facility on Oleander Avenue is
completed. The Boys' Club and the City wish to amend the term of
the agreement to include a 90-day notice to vacate this site, thus
allowing the Club sufficient time to relocate.
Council discussion ensued regarding a notice to vacate should be
for a 30-day period rather than 90 days; who dictates that both
facilities should be closed at the same time; if public funds used
(for the loan), expenses (i.e., utilities, insurance) should be
kept to a minimum.
MINUTES - 21 August 5, 1986
Director of Parks & Recreation Mollinedo remarked the loan
agreement will be scheduled for Council consideration next week.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
16. RESOLUTION 12660 APPROVING AMENDED AGREEMENT FOR THE CITY
OF CHULA VISTA TO PROVIDE POLICE
PROTECTION SERVICES ON SAN DIEGO UNIFIED
PORT DISTRICT PROPERTY LOCATED IN THE CITY
OF CHULA VISTA AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT (Director of
Public Safety)
The City of Chula Vista has completed its second year of an
agreement with the San Diego Unified Port District to provide
police service on District property within the City of Chula
Vista. This agreement must now be amended to extend these
services for an additional year and increase the fees paid to the
City.
The City will receive ~73,330 in FY 1986-87 from the Port District.
Mayor Cox requested justification for this amendment. In response
Director of Public Safety Winters pointed out not only is there
increased activity in this area, but Bayside Park is directly
behind a mobilehome park which requires nightly security measures.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consentt passed and approved unanimously.
MSUC (Cox/Campbell) have staff come back with a report evaluating
whether we have adequate compensation from the Port District based
upon amount of police activity and their recommendations for
better policing activities.
18. RESOLUTION 12661 ACCEPTING BIDS AND AWARDING CONTRACT FOR
PLACEMENT OF CHIP SEAL ( 1986-87 PROGRAM)
ON VARIOUS STREETS IN THE CITY OF CHULA
VISTA, CALIFORNIA Director of Public
Works/City Engineer)
On July 16, 1986, two sealed bids were received for this project
which was budgeted in the 1986-87 Capital Improvement Program.
The low bid by Asphalt, Inc. was above the Engineer's estimate of
$218,502.40 by $15,878.88 or 7.3%. Staff has reviewed the bid and
qualifications to perform the work.
Funds Available from the Following Accounts:
a. 250-2501-GT219 - Chip Seal Program - Montgomery $ 81,700.00
b. 250-2501-GT220 - Chip Seal Program - City 166,320.00
Total ~248,020.00
MINUTES - 22 August 5, 1986
Funds Required for Construction
a. Contract Amount ~234,381.28
b. Contingencies (approx. 5%) 11,718.72
Total Funds for Construction ~246,100.00
Source of Funding for Construction
a. Account 250-2501-GT219 $ 81,700.00
b. Account 250-2501-GT220 164,400.00
Total Source of Funding $246,100.00
It was recommended the City Council accept bids and award contract
to Asphalt, Inc. - E1 Cajon, CA in the amount of $234,381.28.
In response to Council's questions, Deputy Director Of Public
Works Swanson commented staff will monitor chip seal in the
Downtown area as well as street sweeping to make sure the
contractor is performing the job correctly.
RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
20a.RESOLUTION 12662 ADOPTING A MAP SHOWING THE GENERAL NATURE
AND LOCATION OF CERTAIN PUBLIC WORKS OF
IMPROVEMENT AND SHOWING THE PROPOSED
BOUNDARIES OF THE ASSESSMENT DISTRICT TO
BE ASSESSED FOR SAID IMPROVEMENT (Director
of Public Works/City Engineer)
b. RESOLUTION 12663 ORDERING THE INSTALLATION OF CERTAIN
PUBLIC IMPROVEMENTS WITHIN A BLOCK AND
INSTRUCTING THE SUPERINTENDENT OF STREETS
TO GIVE NOTICE 'AND ORDER THE CONSTRUCTION
OF SAID IMPROVEMENT
The City Council has previously approved in the 1984-85 and
1985-86 budgets funds for the construction of various street
improvements using the 1911 Block Act process. Construction of
these improvements have been combined into one project, and the
design is now completed. The estimated construction cost for the
various improvements is $103,000.00. To reduce the fiscal impact
on the City, it is proposed that upon the completion of the work
and confirmation of the assessment that bonds be sold. Proceeds
from the bonds will reimburse the City for any cash advancements
made to cover the property owner ' s share of the cost of the
improvements. Costs will be assessed on the basis of City Council
Policy 505-01. These budgeted funds could then be used for other
proceedings throughout the City.
MINUTES - 23 - August 5, 1986
Senior Civil Engineer Goldkamp, in response to Council's concern,
explained this item is a continuation of the Block Act program.
The City's policy requires property owners be contacted personally
while the State requires written notification.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
21. RESOLUTION 12664 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND TREETOPS UNLIMITED FOR
RELEASE OF BOND AND CERTIFICATE OF DEPOSIT
ASSOCIATED WITH THE CHARTER POINT
SUBDIVISION AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (Director of Public
Works/City Engineer)
By previous action, Council has revised Condition #17 for the
Charter Point Subdivision to require the developer to construct
Telegraph Canyon Road as a four-lane divided highway adjacent to
their subdivision boundaries. Because of traffic safety concerns,
the possibility of a joint project between the City and EastLake
for the ultimate construction of Telegraph Canyon Road and a
proposed project by the Navy to construct Telegraph Canyon Road,
staff does not recommend that Charter Point go ahead with the
construction of Telegraph Canyon Road at this time.
In answer to Councilwoman McCandliss' question, Engineer Goldkamp
noted a meeting with the Navy is anticipated to determine further
procedures.
Councilwoman McCandliss expressed concern that since the City is
requiring a fee, a plan should be developed defining when this
will be done.
Discussion ensued concerning funding of new road construction;
City is giving up too much; if construction costs are exceeded,
Great American and Pacific Scene should reimburse the City.
Don McCabe, representing the developer, Pacific Scene, estimated
the improvements will cost approximately ~800,000.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
24. ORDINANCE 2163 AMENDING CHAPTER 9.50 OF THE CHULA VISTA
MUNICIPAL CODE BY ADDING AND AMENDING
SPECIFIC SECTIONS OF SAID CHAPTER RELATING
TO MOBILEHOME PARK SPACE RENT MEDIATION
FIRST READING (Continued from July 15,
1986)(Community Development Director)
MINUTES - 24 - August 5, 1986
In response to the June 15 public hearing on City Ordinance 1997
Council asked staff to return for a first reading on the draft
amended Ordinance that incorporates the following changes:
1. The addition of major capital improvement pass-throughs,
2. the use of the Consumer Price Index-All Urban
Consumers/All Items for the San Diego Metropolitan area
as the triggering mechanism,
3. language to further explain the next step in the process
if mediation is not successful, and
4. other changes proposed by the Mobilehome Issues Committee
and the City Attorney's Office that clarify language in
the Ordinance.
MS (McCandliss/Campbell) place the ordinance on first reading, the
reading of the text was waived by unanimous consent.
The following individuals requested favorable Council action on
the ordinance: Heinz Seiler, 1425 Second Avenue, Sp. 309, Chula
Vista 92011; Jerry Fick, 352 Broadway, Chula Vista; Mary Francis
Click, 1100 Industrial Blvd., Sp. 1-57, Chula Vista.
Pat Kelly, 1425 Second Avenue, Sp. 342, Chula Vista and Rev. Bob
Flaugher, 1100 Industrial Blvd., spoke in opposition to the
ordinance.
Their concerns included: removal of pass-through provision from
ordinance; recommended using COLA Social Security index; over
10,000 signatures obtained for rent initiative; City Council
should listen to senior citizens.
The motion to place the ordinance on first reading passed
unanimously.
25. REPORT ON SCHOOL IMPACT FEES (Continued from
7/22/86)(Principal Management Assistant)
In response to a written communication from Mr. Don Lindberg,
Attorney-At-Law, On July 22, 1986, the City Council requested
staff to prepare a report for the Council comparing the school
impact fees among the various jurisdictions within the Sweetwater
Union High School District boundaries.
Don Lindberg, 4201 Bonita Road, Bonita 92002, discussed
discretionary and non-discretionary fees; Imperial Beach has
rejected imposing all permit fees required by the Sweetwater Union
High School District (SUHSD); City of San Diego is not imposing
the same fee as Chula Vista for discretionary acts.
MINUTES - 25 August 5, 1986
Councilman Malcolm stated it has just come to his attention that
the elementary school district has not been collecting developers
fees outside the City limits although they have declared to
Council that this was being done. He also discussed the positive
attempts made by the SUHSD in collecting developer fees.
In r~sponse to Council's concerns, Alisha Crews, Director of
Planning for SUHSD, stated the recent reduction in fees were of a
technical nature; discussed National City's Redevelopment Agency
usage of funds; fee structures will be reviewed annually for
National City and Imperial Beach.
MSUC (Malcolm/Moore) accept report with a letter to SUHSD that
they continue to seek parity between Chula Vista and other
jurisdictions and they use whatever legal remedies they have to
try to achieve that parity.
MSUC (Malcolm/Campbell) have a report back in two weeks (August
19) from the elementary school district regarding their financial
condition right now on developer fees, cash on hand to build new
buildings, their fee schedule in all jurisdictions they operate in
(regardless of size).
MSUC (Cox/Moore) prepare a resolution for League consideration
pertaining to school fees (equity) for the meeting on Thursday,
August 7, following the Redevelopment Agency meeting.
31. ORAL COMMUNICATIONS - None.
OTHER REPORTS AND RELATED RESOLUTIONS & ORDINANCES
32a.REPORT ALTERATIONS FOR VARIANCE & HOUSE DESIGN AT
165 MURRAY STREET J. ANTHONY RASO
(Director of Planning)
Director of Planning Krempl suggested the report and related
resolutions on this item be considered concurrently.
Per Council direction on July 22, 1986, this report outlines the
variance options as to how to proceed with resolution of the house
under construction at 165 Murray Street.
The following options were recommended:
- Continuation of Council's 6/17/86 action to allow a 46.2% lot
coverage variance if the overall building height is lowered to
30 feet, the accessory building removed and the exterior
design reviewed by the Design Review Committee.
MINUTES 26 - August 5, 1986
Revoke the lot coverage variance and deny the variance to
exceed 2-1/2 stories but require that the building height be a
maximum of 35 foot height to the peak of the roof. This would
be in accordance with the original plans filed with and
approved by the City and for which a building permit was
issued. The lot coverage could be corrected as outlined in
Alternative #2. The accessory building %vould need to be
removed. The upper level stairs and flooring would need to be
removed so as to not constitute a third story. In effect,
this would make the house legal as well as require a height
reduction to correspond with the building permit. The scale
and mass of the house would still be out of character with the
surroundings; that is an issue, however, that was only
resolved by a subsequent zoning ordinance text amendment.
b. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND BILL HEDENKAMP FOR
ARCHITECTURAL SERVICES FOR THE PROPERTY
LOCATED AT 165 MURRAY STREET - J. ANTHONY
RASO, APPROPRIATING FUNDS THEREFOR AND
AUTHORIZING THE- MAYOR TO EXECUTE SAID
AGREEMENT (Director of Planning)
On July 8, 1986, the City Council reviewed a report authorizing
the City Planning Director to select an architect to prepare
alternative designs for 165 Murray Street. This resolution and
contract would carry out that action.
The scope of work to be performed shall consist of:
1. The review of existing drawings, documents and the taking
of field measurements to prepare as-built plans and
building sections.
2. The preparation of design studies and alternatives
including building sections and elevations, presentation
to staff, owner and Design Review Committee, one City
Council meeting also included.
Cost of architectural services is $2,920. Funding would be from
the $30,000 Council Contingency budgeted in 1986-87.
c.RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND J. ANTHONY RASO FOR
COMPLETION OF WORK AT 165 MURRAY STREET
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Director of Planning)
The City Council on July 8, 1986, authorized the City Attorney to
prepare an agreement to be entered into with Mr. Raso for
completion of work on a house located at 165 Murray Street.
MINUTES - 27 - August 5, 1986
The contract as drafted would require that Mr. Raso agree to
construct the house in accordance with approved working drawings
prepared from the architectural designs approved by the Chula
Vista Design Review Committee. The contract further provides that
Mr. Raso shall be liable for all designs, costs for failure to
comply with the terms of the contract.
Joseph Raso, 165 Murray Street, declared he does not want a
variance; his previous letter to Council stated personal funds
would be used for redesign; questionnaire mailed to approximately
67 residents within 300 ft. of project area requesting input;
stated if the house was illegal, City inspection would have cited
it; will submit to a polygraph test; does not intend to sign
agreement prepared by the City Attorney.
Director Krempl clarified if new plans were submitted, they would
have to comply with the 40% lot coverage; height limitation (peak
of roof shall not exceed 35 ft. according to existing plans); if
building permit invalid on existing plans, a 28 ft. height
requirement would be imposed and a CUP required; only valid permit
is for plans depicting a 35 foot height; staff recommends in order
to reduce bulk of the house, height should be reduced.
MS (Moore/Malcolm) accept the report and option #3: revoke the lot
coverage variance and deny the variance to exceed 2-1/2 stories
but require that the building height be a maximum of 35 foot
height to the peak of the roof. This would be in accordance with
the original plans filed with and approved by the City and for
which a building permit was issued. The lot coverage could be
corrected as outlined in Alternative #2. The accessory building
would need to be removed. The upper level stairs and flooring
would need to be removed so as to not constitute a third story.
Councilman Moore commented that this would, in effect, make the
house legal as well as require a height reduction to correspond
with the building permit. The scale and mass of the house would
still be out of character with the surroundings; that is an issue,
however, that was only resolved by a subsequent zoning ordinance
text amendment.
Kitty Raso, 167 Murray Street, Chula Vista 92010, expressed
concern that the rainy season is near and hoped a resolution could
be reached before that time.
The following individuals spoke in opposition: Daniel Wall, 156
Halsey Street, Chula Vista; Lois Myers, 162 Halsey Street; David
Truesdale, 155 Murray Street; Irene Foelschow, 170 Halsey Street;
Helen Wadsworth, 175 Murray Street.
MINUTES - 28 - August 5, 1986
Their concerns included: questioned the financial responsibility
of the project; future devaluation of surrounding properties;
third-floor deck invades privacy of neighbors; urged Council
action tonight; displayed transparencies depicting 4 illustrations
of various lot coverage sizes; Raso ignored stop work orders;
special consideration for Raso is not warranted; civil lawsuit
contemplated.
The motion to accept the report (Option #3) passed unanimously.
MS (McCandliss/Moore) within 30, days a new drawing be submitted
for the home given parameters listed in Option #3.
Assistant City Attorney Gill stated the Uniform Building Code, in
addition to the zoning ordinance, would be the operative law
establishing guidelines.
SUBSTITUTE MOTION
MSUC (Moore/McCandliss) have staff come back with a report
(information item) regarding Uniform Building Code for time
periods (regarding the construction of this house) - report due in
three weeks.
33. REPORT OF THE CITY MANAGER
a. A national publication significantly references Chula Vista
regarding satellite dishes.
b. County has taken preliminary action regarding locating jail
facilities in Chula Vista.
34. MAYOR'S REPORT
a. RATIFICATION OF APPOINTMENT OF CARLOS M. BABCOCK TO
INTERNATIONAL FRIENDSHIP COMMISSION
MSUC (Cox/Malcolm) ratify the appointment.
b. ANNOUNCEMENT OF REAPPOINTMENTS TO PLANNING COMMISSION
a. Mayor Cox announced reappointments of Thomas L. Shipe and
William S. Cannon to the Planning Commission.
35. COUNCIL COMMENTS
a. APPOINTMENT OF VOTING DELEGATE AND ALTERNATE TO LEAGUE OF
CALIFORNIA CITIES CONFERENCE
MSUC (Malcolm/Moore) appoint Mayor pro Tempore McCandliss as the
voting delegate to League of California Cities and Mayor Cox as
the alternate.
MINUTES - 29 - August 5, 1986
b. Mayor Cox discussed the proposal of Scripps Memorial Hospital
to acquire Bay Hospital Medical Center.
MS (Cox/McCandliss) refer proposal from Scripps to come back for
recommendation to the City Council and set up a workshop session
(Council Conference).
It was suggested when report comes back, it contain information on
if this has happened before, how Scripps will handle the transfer
of ownership; future capital improvements; additional monies to
infuse into the hospital to keep it going.
Councilman Malcolm indicated the request was inappropriate and,
therefore, a Council Conference is not necessary.
Councilman Campbell suggested staff review Scripp's request to
take away the City's reversionary right.
The motion to refer for a Council Conference passed with
Councilman Malcolm opposed.
c. Councilwoman McCandliss discussed the need to set up a task
force to review the vacant land next to the municipal golf
course.
MS (McCandliss/Campbell) when land use is reviewed, for whatever
remaining parcels, City bring together a task force (strong
representation of Bonita residents).
Councilman Malcolm opposed the motion stating special groups
do not need to be established in these areas.
Mayor COX concurred indicating this request is only for four
acres (gross) of land.
The motion to set up a task force passed by the following vote:
AYES: McCandliss, Campbell, Moore
NOES: Malcolm, Cox
ABSENT: None
d. Councilwoman McCandliss complimented Supervisor Bilbray for
his comments before the Board of Supervisors pertaining to the
proposed jail site in the South Bay.
Discussion ensued regarding South Bay being singled-out for
hard-to-locate facilities (i.e., prisons, honor camps,
landfills); master plan should be developed so that entire
County takes responsibility.
MINUTES - 30 August 5, 1986
MSUC (McCandliss/Malcolm) refer this issue to staff to collect
information on County-wide plan for siting of jails, look at other
regional facilities sited for this area and prepare action plan to
be submitted to the Board of Supervisors.
e. In answer to Councilwoman McCandliss' question, City Manager
Goss reported all streetlights turned off due to Proposition
13 have been energized.
f. MSUC (Malcolm/Moore) approve five bills recommended by
Legislative Committee (AB 3314, AB 4415, SB 1735, AB 4073, AB
4085).
h. MSUC (Cox/McCandliss) for a Closed Session for discussions on
Section 404 permit, potential property acquisition, and
pending litigation (Chula Vista v. Reed)(at the end of the
business meeting).
The Council recessed at 10:30 p.m. The City Clerk was excused and
the City Manager reported Closed Session ended at 11:05 p.m.
ADJOURNMENT AT 11:05 p.m. to Thursday, August 7, 1986 following
the Redevelopment Agency meeting (4 p.m.) and to the meeting of
Tuesday, August 12, 1986 at 7 p.m.
U Fulasz, Adele A. Sarmiento
City Clerk Deputy City Clerk
., 0846C/as
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, August 5, 19S6,
and said meeting was adjourned to the time and place specified in
the Order of Adjournment ATTACHED HERETO:
That on Wednesday, August 6, 1986, at the hour of 3 p.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 August 5, 1986,
was held.
Ad~ie A. Sarmiento
Deputy City Clerk
Subscribed and sworn to before me this
day of
19J~~.
~t~
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFOrnIA
Held Tuesday, August 5, 1986
The City Council met in the Council Chamber of the Public Services
Building, 276 Fourth Avenue on the above date at 4 p.m. with
the following:
Councilmen Present: CamDbell, McCandliss, Cox, Malcolm, Moore
Councilmen Absent: None
ADJOURNMENT
- The Mayor adjourned the meeting until Thursday, August 7, 1986,
following the Redevelopment Agenc meeting scheduled to begin at
at 7 p.m. in the Council
Public Services Building, 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 August 5, 1986
Adele A. Sarmiento
Deputy City Clerk
City of Chula Vista, California