Loading...
HomeMy WebLinkAboutcc min 1986/12/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, December 16, 1986 Council Chamber 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor Cox; Councilmembers McCandliss, Malcolm, Nader, Moore MEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, City Attorney Harron PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meeting of December 9, 1986. MSUC (Moore/Malcolm) to approve the minutes. Councilwoman McCandliss abstained due to the fact she was not present at that meeting. 2. SPECIAL ORDERS OF THE DAY None. 3. CONSENT CALENDAR (3a 26) items pulled: 4, 8, 9, 11, 14, 18, 19, 21, 23, 24 MSUC (McCandliss/Malcolm) to approve the balance of the Consent Calendar. Item number 30 was brought up at this time. 30. REPORTS OF BOARDS/COMMISSIONS/COMMITTEES a. Report on Proposed Water Feature - Library Board Mr. Bill McBreen, member of the Library Board, referred to the report sent to Council along with pictures of various fountains. He stated the Board recommended the purchase of the cascading fountain (3~tiered) at a cost of approximately $800. MSUC (Cox/McCandliss) to accept the recommendation of the Library Board. Minutes - 2 - December 16, 1986 Mayor Cox asked that the final plan come back to the Council, describing the plants and shrubbery that will be planted around the fountain. WRITTEN COMMUNICATIONS a. CLAIMS AGAINST THE CITY - Mr. Daniel V. Kelley, 1920 Beta Street, National City, CA 92050 The claim in the amount of ~2,500,000 alleged assault and battery by members of the Chula Vista Police Department, occurring when Mr. Kelley was arrested for driving under the influence and resisting an officer. MSUC McCandliss/Malcolm) to deny the claim. D. CONCERNS REGARDING DEBRIS ON SIDEWALK CREATING HAZARDOUS SITUATION AT 1274 THIRD AVENUE Raymond P. Morris, 1260 Third Avenue, #8, Chula Vista, CA 92011 City Manager Goss reported the condition of the property is that a 3-4 foot bank immediately adjacent to the sidewalk will cause dirt to be washed onto the sidewalk during a rainstorm. The only real solution is the construction of a retaining wall adjacent to the sidewalk. MSUC (McCandliss/Malcolm) to refer to staff for follow-up. c. VACANCY ON COMMISSION ON AGING - Joyce Beardsley MSUC (McCandliss/Malcolm) to accept the resignation with regret. 4. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MILLER AND SCHROEDER TO ACT AS FINANCIAL CONSULTANT FOR ADVANCED REFUNDING OF ~4,055,000 1982 CERTIFICATES OF PARTICIPATION (PARKING FACILITY) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Finance) Pulled from Consent Calendar. 5. RESOLUTION 12845 APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE COMMUNITY PARKLANDS ACT OF 1986 FOR HILLTOP PARK IRRIGATION SYSTEM RENOVATION, PARKWAY POOL & GYM LOCKER ROOM RENOVATION AND TERRA NOVA PARK TOT LOT DEVELOPMENT (Director of Parks & Recreation) Minutes - 3 - December 16, 1986 Proposition 43, the California Parklands Act of 1986, which was approved by the voters on June 3, 1985 authorized grants to qualifying local agencies on a per capita basis to be used for land acquisition, development or rehabilitation of park, recreation or historical facilities. The City of Chula Vista is eligible to receive $313,000. Tae grant funds will be available July 1, 1987. Several projects may be funded, as long as each individual project receives $20,000 or more. Three Parks and Recreation projects are recommended for funding: Renovation of Hilltop Park irrigation system; refurbishment of Parkway Pool and Parkway Gym locker room facilities; development and installation of a tot lot for Terra Nova Park. 6. RESOLUTION 12846 ENTERING INTO AN AGREEMENT WITH KIDS UNLIMITED FOR THE UNDERGROUNDING OF OVERHEAD UTILITIES, MODIFYING AND ENLARGING DDA WITH KIDS UNLIMITED AND ACCEPTING A UTILITY EASEMENT (Community Development Director) In July 1986 the City Council directed staff to prepare an agreement for the undergrounding of existing utilities on the City o~ned Telegraph Carlyon Road property which is currently being conveyed to Kids Unlimited. The agreement provides for Kids Unlimited's portion of future undergrounding of an existing overhead electrical facility located in the vicinity of Paseo del Rey and Telegraph Canyon Road. Kids Unlimited agrees to waive the right to protest the formation of an undergrounding district as well as deposit a maximum of $11,000 into the district fund and grant an easement for the underground facilities. This document will be deposited into the City's escrow account and will be recorded with the deed conveying the property to Kids Unlimited. A new section has been added which requires the mutual approval of the agreement and easement as a condition of the property sale. 7. RESOLUTION 12847 DESIGNATING CERTAIN REAL PROPERTIES AS BEING INCLUDED WITHIN AN AMENDED SURVEY AREA FOR REDEVELOPMENT CONSIDERATION; AND DIRECTING STAFF, THE PLANNING COMMISSION, AND REDEVELOPMENT AGENCY TO CONDUCT THE NECESSARY PUBLIC HEARINGS AND PREPARE THE NECESSARY REPORTS FOR CONSIDERATION AND ADOPTION OF AN AMENDED TOWN CENTRE I I REDEVELOPMENT PROJECT AREA AND PLAN (Community Development Director) Minutes - 4 - December 16, 1986 An amendment to the Town Centre II Redevelopment Project to allow the Agency to collect tax increments is currently in process. The original survey area for downtown redevelopment was approved in 1973. This area included all of the properties west of Second Avenue to the bay between the northerly and southerly boundaries of the City at that time. The proposed amendment seeks to reaffirm the original survey area and expand this area to include properties which have been added to the City since 1973. These properties would include the recent Montgomery/Castle Park annexation. In this manner, the Sweetwater High School District headquarters on Fifth Avenue as well as other district properties may be reviewed for possible redevelopment. The District has requested that the City consider such an undertaking, thus the establishment of a survey area is the first step in the process. ~. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICHARD L. QUICK FOR CONSULTANT SERVICES TO PERFORM FINGERPRINT EXAMINATION AND CLASSIFICATION (Director of Public Safety) Pulled from Consent Calendar. 9. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PLANGRAPHICS, INC. FOR COST-BENEFIT ANALYSIS AND CONCEPTUAL DESIGN FOR A GEOGRAPHIC INFORMATION SYSTEM (Deputy City Manager) Pulled from Consent Calendar. 10. RESOLUTION 12848 APPROPRIATING ADDITIONAL FUNDS FOR REMOVAL AND TRANSPORTATION OF CONTAMINATED SOIL (Principal Management Assistant) On September 23, 198~ by Resolution No. 12746, the City Council appropriated $55,000 to pay for contractual services for removing and transporting contaminated soil from Fire Station No. 4. The actual amount of soil to be transported is about 300 cubic yards at a cost of $200 per cubic yard. Because funds were never appropriated to pay for the soil tests required in conjunction with the removal and disposal of the contaminated soils and the actual amount of soil to be removed is about 50% greater than originally estimated, it is necessary to appropriate an additional ~16,640 from the unappropriated balance of the General Fund. 11. RESOLUTION DECLARING THE COUNCIL'S INTENTION TO VACATE A PORTION OF BROADWAY (FORMERLY NATIONAL AVENUE) AT ANITA STREET AND SETTING A PUBLIC HEARING FOR SAID VACATION (Director of Public Works/City Engineer) Pulled from Consent Calendar. Minutes 5 - December 16, 1986 12. RESOLUTION 12849 EXTENSION OF CONTRACT TIME FOR EASTLAKE ASSESSMENT DISTRICT NO. 85-2, CONTRACT III-A, CONSTRUCTION OF OTAY LAKES ROAD, SEWER AND WATER LINES AND ALL APPURTENANCES (Director of Public Works/City Engineer) EastLake Assessment District No. 85-2 consists of four contract projects. The projects are: 1. Phase one, 5 M.G. Steel Reservoir, Tresco Tank Co., Contractor 2. Phase two, 980 Zone Pump Station, Olson Construction Co., Contractor 3. Phase Three A, Construction of Otay Lakes Road, sewer, and water lines and all appurtenances, Olson Construction Co., Contractor 4. Phase Three B, 20" Off-site water pipeline, Thibodo Construction Co., Contractor On November 4, 1986, Council, by Resolution No. 12804, approved an extension of contract time (to February 28, 1987) for projects 1, 2 and 4 above. Contract No. 3 was expected to be completed within the contract time provided. The contractor's work is dependent upon the installation of telemetry cable which will not be ready for use until February 1987. The delay in delivery of the cable, which must interface in size, color coding and number with the other three contracts is the principal reason for the recommendation of the extension of time to February 28, 1987, for Contract III A, construction of Otay Lakes Road, sewer and water lines and all appurtenances. 13. RESOLUTION 12850 ACCEPTING CONTRACT WORK, STREET LIGHT INSTALLATION ON THIRD AVENUE FROM "L" STREET TO HERMOSA AVENUE AND AUTHORIZING THE TRANSFER OF FUNDS BETWEEN GAS' TAX PROJECTS (Director of Public Works/City Engineer) Undergrounding of all utilities on Third Avenue between "L" Street and Hermosa Avenue was approved by the County of San Diego and City of Chula Vista prior to the Montgomery area annexation. The removal of the wooden power poles which were used to support street lights required that a new, uniform lighting system be installed to illuminate the street. The City awarded two contracts to replace the street lights on Third Avenue from "L" Street to Hermosa Avenue. The first contract was awarded to Maco Electric Services and extended from "L" Street to Palomar Street. The second contract was awarded to Bonita Electric and extended from Palomar Street to Hermosa Avenue. Both contractors have now completed their respective work. Minutes - 6 - December 16, 1986 The recommendation was that Council: 1. Accept the contract work, street light installation on Third Avenue from "L" Street to Hermosa Avenue. 2.. Authorize the transfer of $1,153 from the fund balance of Phase II to Phase I of the project. 14 . RESOLUTION APPROVING CONTRACT WITH KUNZMAN ASSOCIATES FOR TRAFFIC ENGINEERING SERVICES (FREEWAY INTERCHANGE ANALYSIS ) AND APPROPRIATING FUNDS (Director of Public Works/City Engineer ) Pulled from Consent Calendar. 15. RESOLUTION 12851 APPROVING AN AGREEMENT WITH STAFFORD GARDNER DEVELOPMENT COMPANY TO PROVIDE FOR MAINTENANCE AND OPERATION OF A SEWER PUMP STATION FOR CHULA VISTA WOODS SUBDIVISION AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT (Director of Public Works/City Engineer) ORDINANCE 2181 ESTABLISHING A SPECIAL SEWER SERVICE RATE AREA FOR CHULA VISTA WOODS SUBDIVISION - FIRST READING The Chula Vista Woods Subdivision is currently being served by a sewer pump station. The developer of the subdivision is required to provide for the ongoing maintenance of the pump station as a condition of approval of the Tentative Map and in accordance with a previous agreement with the City. Adoption of the ~ordinance will enable the City to collect sufficient funds with the water bills to guarantee the continued maintenance and operation of the pump station. The proposed ordinance sets a limit for the additional amount to be charged per unit at $54 per year or $4.50 per month. The developer has deposited $5000 with the City to cover the costs incurred during the first year of operation of the pump station. By the time the initial deposit is expended, the City will be collecting sufficient funds each year for continued maintenance and operation. 16. ORDINANCE 2179 REZONING 10.1 ACRES FROM R-I-10-H-P TO R-i-10-P - SECOND READING AND ADOPTION (Director of Planning) At the meeting of December 9, 1986, the ordinance approving the rezoning in accordance with Planning Commission Resolutions PCZ-87-F, PCS-87-1, and P-87-6 was placed on first reading. Minutes 7 December 16, 1986 17. ORDINANCE 2180 ADJUSTING ZONE BOUNDARY BETWEEN THE EXISTING C-36 AND RU-29 ZONE FOR THE 4.43 ACRE PARCEL LOCATED AT THE SOUTHWEST CORNER OF THIRD AVENUE AND ORANGE AVENUE - SECOND READING AND ADOPTION (Director of Planning) The ordinance adjusts the zone boundary which presently divides a 4.43 acre parcel into two zones to match the proposed lot line plotted in tentative parcel map TPM-86-19 which has been conditionally approved for the property. The zone boundary between the existing C-36 general commercial zone and RU-29 residential (29 dwellings per acre) would be relocated 12 feet west of its present location. The ordinance was placed on first reading at the meeting of December 9, 1986. 18. INTERIm4 ORDINANCE ESTABLISHING A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS IN THE CITY OF CHULA VISTA EAST OF 1-805 FOR 90 DAYS AND DECLARING AN EMERGENCY - FIRST READING AND ADOPTION (Director of Planning) Pulled from Consent Calendar. 19. INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE PROCESSING OF NEW TENTATIVE AND PARCEL MAPS FOR INDUSTRIAL SUBDIVISIONS IN THE OTAY RIVER VALLEY AREA:; THAT IS, THE AREA IN THE CITY OF CHULA VISTA LYING SOUTH OF MAIN STREET AND OTAY VALLEY ROAD AND THE OTAY VALLEY REDEVELOPMENT AREA FOR 90 DAYS FIRST READING AND ADOPTION (Director of Planning) Pulled from Consent Calendar. 20. ORDINANCE 2182 REPEALING ORDINANCE NO. 2028, AND ADOPTING SECTIONS 15.36.010 THROUGH 15.36.070 OF THE CHULA VISTA MUNICIPAL CODE, ALL RELATING TO THE UNIFORM FIRE CODE - FIRST READING (Director of Public Safety) Significant changes in the 1985 Edition are: 1. Article 51 - This new article applies to buildings in which hazardous production materials are used. 2. Article 74 - This article has been rewritten and applies to compressed gases. Minutes - 8 - December 16, 1986 3. Article 81 - This article has been retitled and rewritten and applies to High Piled Combustible Storage. 4. Appendix III-A - This appendix has been rewritten and applies to Testing Fire Extinguishing Systems, Standpipes and Combination Systems. 21. REPORT ON BROkeN ACT REVISIONS (City Attorney) ORDINANCE AMENDING VARIOUS SECTIONS IN CHAPTER 2.04 OF THE MUNICIPAL CODE RELATING TO AGENDAS FOR PUBLIC MEETINGS FIRST READING (City Attorney) Pulled from Consent Calendar. 22. REPORT REGARDING PROBLEMS ASSOCIATED WITH THE TOWING AND DISPOSITION OF ABANDONED VEHICLES (Director of Public Safety) At the October 28, 1986 Council meeting, staff was directed to investigate a complaint from tow truck operators who are concerned because the towing of abandoned vehicles is not cost-effective and is creating significant operational problems for them. Staff held meetings with the tow companies and other law enforcement agencies and have implemented procedures which resolve most of the problems associated with the towing of stripped, abandoned vehicles. These procedures involve the use of Sections 22669(a) and 22851.2(b) of the California Vehicle Code which allow Peace Officers to issue a Bill of Sale for a vehicle that is stripped, inoperable and does not have a license plate and/or an identifiable vehicle identification number. Further, the City of San Diego has formed a task force to look into the feasibility of making an application to the Regional Water Quality Control Board to modify the existing waste discharge permits for Otay and Miramar landfills to allow the dumping of designated waste in the landfills or obtain a variance for the existing permits to allow the dumping of designated waste in these landfills. 23. REPORT ON PARKING SPACE CHANGES AT THE BAYFRONT TROLLEY STATION (Director of Public Works/City Engineer ) Pulled from Consent Calendar. 24. REPORT ON CHULA VISTA TRANSIT PASS PROPOSAL FOR BOYS AND GIRLS CLUB MEMBERS (Director of Public Works/City Engineer) Pulled from Consent Calendar. Minutes - 9 - December 16, 1986 25. REPORT "F" STREET BOOKSTORE AND PORNOGRAPHY CONCERNS OF ST. MARK'S LUTHERAN CHURCH SOCIAL CONCERNS COMMITTEE (Assistant City Attorney) The staff report is in response to the City Council's directive regarding a letter from the St. Mark's Lutheran Church Social Concerns Comraittee as well as responding to the current status of abatement proceedings against the "F" Street Bookstore. The recommendation is to direct the City Attorney to present an amendment to Chula Vista Municipal Code Section 19.04.007 to conform it to the comparable County ordinance provision. 26. ORDINANCE 2183 CITY OF CHULA VISTA AMENDING CHAPTER 2.04 OF THE CHULA VISTA MUNICIPAL CODE BY AMENDING SECTIONS 2.04.580 AND 2.04.590 RELATING TO COMPENSATION FOR MEMBERS OF THE CITY COUNCIL AND MAYOR - FIRST READING (City Attorney) The California Government Code and the Chula Vista City Charter allow the City Council to provide an annual pay increase for Councilmembers and the Mayor in an amount not to exceed five percent (5%). END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 27. PUBLIC HEARING CONSIDERATION TO REZONE 0.19 ACRES AT 618 FOURTH AVENUE FROM R-1 TO R-3-P-5 - EDUCARE CHILDREN'S CENTER (Continued from meeting Of November 18, 1986) (Director of Planning) ORDINANCE 2184 AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING 0.19 ACRES AT 618 FOURTH AVENUE FROM R-1 TO R-3-P-5 FIRST READING This being the time and place as advertised, Mayor Cox declared the public hearing open. Director of Planning Krempl explained that the proposal is to fezone 0.19 acres located at 618 Fourth Avenue from R-1 (single family residential) to R-3-P-5 (multiple family residential/5 dwelling units per acre). The purpose of the rezoning is to allow the property to be used to expand the preschool located directly to the north of the site. Minutes - 10 December 16, 1986 On December 3, 1986, the Planning Commission, with two Commissioners absent, voted 3-2 to recommend denial of the rezoning. There being no public testimony either for or against, the hearing was closed. MSUC (Malcolm/Moore) to place the ordinance on first reading. The reading of the text was waived by unanimous consent, passed and approved unanimously. 28. PUBLIC HEARING 1986 REVISION OF THE SAN DIEGO REGIONAL SOLID WASTE MANAGEMENT PLAN (Director of Public Works/City Engineer) RESOLUTION 12852 ADOPTING THE 1986 REVISION TO THE SAN DIEGO REGIONAL SOLID WASTE MANAGEMENT PLAN This being the time and place as advertised, Mayor Cox declared the public hearing open. Director of Public Works/City Engineer Lippitt explained that State law requires that the County's Solid Waste Management Plan (COSWMP) be reviewed, and revised if appropriate, at least every three years and revised when necessary to be consistent with State policy. The San Diego County, Department of Public Works staff has prepared the final draft of the 1986 COSWMP Revision with the assistance of a Technical and Citizens Advisory Committee. This plan is an update of the San Diego Regional Solid Waste Management Plan 1982-2000 approved by Council in May of 1982. The recommendation was that Council approve the Regional Solid Waste EiIanagement Plan 1986-2000; and urge the County Board of Supervisors to develop new sites for disposal of sewage sludge and to also limit the liquid content of the sludge currently being deposited at the Otay Landfill. Miss Julia Quinn, Project Manager for Solid Waste for the County of San Diego, answered the Council's questions pertaining to the Board of Supervisors action last week regarding the distribution of sludge in the County. There being no further comments either for or against, the public hearing was closed. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. Minutes - 11 - December 16, 1986 29. PUBLIC HEARING ON FORMATION OF A REIMBURSEMENT DISTRICT FOR CONSTRUCTION OF STREET AND DRAINAGE IMPROVEMENTS IN LAS FLORES DRIVE AND "D" STREET BETWEEN SECOND AVENUE AND MINOT AVENUE IN THE CITY OF CHULA VISTA, CALIFORNIA (Director of Public Works/City Engineer) RESOLUTION 12853 ESTABLISHING A REIMBURSEMENT DISTRICT FOR CONSTRUCTION OF STREET AND DRAINAGE IMPROVEMENTS IN LAS FLORES DRIVE AND "D" STREET BETWEEN SECOND AVENUE AND MINOT AVENUE This being the time and place as advertised, Mayor Cox declared the public hearing open. Director of Public Works/City Engineer Lippitt referred to his written report explaining that the reimbursement district is necessary so that the City will be reimbursed $267,125.82 advanced for the construction of public improvements adjacent to various parcels along Las Flores Drive and "D" Street. On July 16, 1985, the City Council by Resolution 12102 awarded a contract to R.E. Hazard Contracting Co. for construction of street and drainage improvements in Las Flores Drive and "D" Street between Second Avenue and Minot Avenue. The project included the construction of a 20 ft. wide ribbon pavement, storm drain, curb, gutter, sidewalk ramps, and masonry retaining wall. Funds for this project were approved in the FY 1984-85 Capital Improvement Program budget with the understanding that the cost for those portions of the improvements installed adjacent to properties would be reimbursed to the City through a reimbursement district when the land is subdivided and/or developed. Mr. Richard Alvord, 10671 Roselle Street, #200, San Diego 92121, owner of parcels 191, 193 and 195 Las Flores Drive, stated he received an engineering estimate for his assessment as $10,000. On April 7, the estimate was $9,640. On December 3 he received a letter from the Engineering Division stating his share was now $10,225.23. Mr. Alvord asked that the Engineering Department absorb the difference in their estimated cost. Mr. Lippitt, in response to Council's questions, explained the formula used by staff in preparing the assessment figures. There being no further testimony either for or against, the public hear ing was closed. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. Minutes - 12 December 16, 1986 Councilwoman McCandliss referred to the wording in the staff letter and asked that they take note of possible revisions in the future so that property owners would not be told the costs were actual when, in fact, they were estimates. 31. ORAL COMMUNICATIONS a. The letter from Gentry Construction references the hold placed on building permits in EastLake and the desire by Gentry Construction Company that the moratorium not apply to EastLake's Custom Home Lots Subdivision. Since this is the City's first experience with what i~ effect is a controlled growth mechanism, and since the general public may have an interest in how effectively the City implements this mechanism, the City Manager advised that the Council may wish to deny this request with the understanding that Building Inspection staff can continue to review plans, and that the release of building permits could commence upon the beginning of construction of East "H" Street and possibly other improvements in the eastern sectoF. Richard Albright, 5535 Horse Ridge Way, Bonita 92002, stated he is a lot buyer who is caught up between "a couple of giants" in this moratorium. He is still required to pay his property taxes, the Mello-Roos taxes, etc. in trying to build a quality home; however, he cannot build it because of the moratorium. He complained that the "little guys~ should not be thwarted in their attempts to build custom homes. Mr. Bill Gentry testified he has purchased 5 lots and plans on building on two of the lots right away. He asked that his plans be processed immediately so that he can be ready to get the permits once the moratorium is lifted. It will take approximately 6 months for him to build on the five lots. Mr. Stephen Kirby, 4745 Howley Blvd., #2, San Diego 92116, remarked that he signed the papers to construct custom homes and then a day or so latert the article came out in the paper regarding the moratorium. Council discussion followed noting that the testimonies were outside the agreement with EastLake; they were never notified by EastLake that there was a moratorium; stately homes should be exempted from the agreement; requests are coming in to lift the moratorium; suggestion to lift the moratorium to allow 1 home per 1 individual to be built; 16 out of 31 custom homes in EastLake contracted for; and the concern of a precedent setting action. Minutes 13 - December 16, 1986 MSUC (Cox/Nader) to allow for those 16 parcels that have been contracted for so that no more than one permit be issued per purchaser (which at this point could conceivably be 10 permits to be issued) - allow those to be exempted from the EastLake moratorium predicated on the Public Facilities and Financing Program and also, communicate to the EastLake Corporation that further offering of lots should have reference made to the moratorium mechanism and to explain what the rationale for the moratorium is. George Kost, President, Sweetwater Valley Civic Association, complimented the Council on the moratorium stating it was the right thing to do. Ruth McCarty, Bonita Realtor, stated there would have been no need for a moratorium if the Council in the beginning had created an exemption for the single family lots. PULLED ITEMS 4. RESOLUTION 12854 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MILLER AND SCHROEDER TO ACT AS FINANCIAL CONSULTANT FOR ADVANCED REFUNDING OF $4,055,000 1982 CERTIFICATES OF PARTICIPATION (PARKING FACILITY) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Finance) In his written report to Council, Director of Finance Christopher explained that in December 1982, the City of Chula Vista issued $4,055,000 Certificates of Participation in order to construct the three level Parking Facility in the Town Centre I Redevelopment Project Area. The Certificates were for a term of 20 years bearing interest rates from 7.5% to 11.4%. Tax exempt interest rates are currently lower than when the Certificates were originally sold, thus it is financially advantageous for the City to refund the 1982 Certificates of Participation. Staff recommended the proposal from Miller & Schroeder as the financial consultant. Because of lower interest rates in today's tax exempt market, the City/Agency may realize debt service savings over the life of the issue of from $150,000 to $250,000 by a refunding of the 1982 Certificates of Participation. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved with Councilman Nader out. Minutes 14 - December 16, 1986 8. RESOLUTION 12855 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AN~ RICHARD L. QUICK FOR CONSULTANT SERVICES TO PERFORM FINGERPRINT EXAMINATION AND CLASSIFICATION (Director of Public Safety) On December 17, 1985, the Council passed Resolution 12314 which was a Contractual Agreement with Richard Quick for consultant services to perform fingerprint examination and classification. This agreement terminates December 31, 1986. In response to Councilwoman McCandliss' concern, Director of Public Safety Winters reported that when this contract was approved last year, he advised Council that 1986 would be the last year for this service. Due to the significant increases in crime and workload in 1986, he has reconsidered his position to extend this contract through 1987. This extension will enable the department to maintain a high level of fingerprint service with the clear understanding that 1987 will be the final year. This contract will provide for a maximum of 720 hours annually at ~25 per hour. Annual cost for the program is ~18,000. For fiscal year 1986-87 the $9,000 is available in the police budget from salary savings. The remaining ~9,000 will be requested in the 1987-88 budget. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 9. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PLANGRAPHICS, INC. FOR COST-BENEFIT ANALYSIS AND CONCEPTUAL DESIGN FOR A GEOGRAPHIC INFORMATION SYSTEM (Deputy City Manager) Deputy City Manager Thomson explained that the Data Processing Division's budget includes $40,000 for an in-depth consultant review of the cost-effectiveness of alternative approaches for developing a City-wide Geographic Information System. Staff has completed the Request for Proposal process and negotiated the recommended agreement with Plangraphics, the firm ranked highest by the selection committee. Funds are included in the Data Processing budget to cover the maximum $39,869 cost of the proposed agreement. Minutes - 15 - December 16, 1986 Deputy City Manager Thomson presented transparencies showing the graphic illustrations of what this agreement would entail and noted the justification for the system adding the longer the delay in approving the agreement, the less benefit the City will be getting from it. It is a proven technology and staff feels there is no need to wait. Engineering and Planning would be the major beneficiaries of the agreement. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS. Councilman Nader said he would like to know how many City departments will be using this particular program, what type of use it will be, and how will the Police tie into this with their dispatching system. Director of Public Works/City Engineer Lippitt commented On the use by the Public Works Department stating they are excited about the system; that as every new development comes in, the system will be used to spot all the lots and once the lots are put in everything else can be done quite quickly. SUBSTITUTE MOTION MSUC (Moore/Malcolm) to continue this item for one week to allow staff to provide Council with a list of 10 or so items they think are important to the City in this geographical information system. Included in the motion is for this resolution to be placed on the Council agenda following the Redevelopment Agency meeting scheduled for Thursday, December 18 at 4:00 p.m. 11. RESOLUTION 12856 DECLARING THE COUNCIL'S INTENTION TO VACATE A PORTION OF BROADWAY (FORMERLY NATIONAL AVENUE) AT ANITA STREET AND SETTING A PUBLIC HEARING FOR SAID VACATION (Director Of Public Works/City Engineer) Mr. William Perkins, owner of the property at 1550 Broadway, submitted an application requesting that the City vacate a portion of Broadway right-of-way along the frontages of his property and the property to the north. The reason given for the request is that his property is sub-standard in terms of parking capacity. In order for the applicant to fully use the lot in accordance with the zoning, additional parking area is necessary. In accordance with Section 8320 of the California Streets and Highways Code, the Council must adopt a resolution of intention to vacate and set the time and date for a public hearing to consider the matter. The recommendation was to set a public hearing for January 6, 1987 at 4:00 p.m. Minutes 16 - December 16, 1986 Mayor Cox noted that the resolution refers to the meeting of -, January 6 at 7 p.m. and it should be 4 p.m. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 14. RESOLUTION 12857 APPROVING CONTRACT WITH KUNZMAN ASSOCIATES FOR TRAFFIC ENGINEERING SERVICES (FREEWAY INTERCHANGE ANALYSIS) AND APPROPRIATING FUNDS (Director of Public Works/City Engineer) Council previously directed staff to hire an additional person or a consultant to do an analysis and recommendation for improvements for all of the. interchanges between City streets and freeways within the City of Chula Vista. Director of Public Works/City Engineer Lippitt explained that this project will be conducted in 2 phases: Phase I will include data collection analysis and recommendations; Phase II will include plan preparation, project management and coordination with CalTrans to ensure the necessary improvements are established as a high priority. Phase I costs are not to exceed $8,800 with estimated Phase II costs at $21,200. Final Phase II costs could increase or decrease depending on the results of the Phase I study. The recommendation was that Council retain Kunzman ASsociates for traffic engineering services and aooropriate $15,000 from the unappropriated balance of the General Fund. An additional $15,000 will be requested and appropriated from Redevelopment Funds. City Manager Goss explained the urgency in getting this resolution to the City Council due to the fact that there will be no meetings for two weeks and staff wishes to get this process started as soon as possible so that the project can be started in January. Councilwoman McCandliss discussed the traffic conditions at 1-805 and Bonita Road questioning why this was in the Phase II plans. Director Lippitt explained that all the information has been given to CalTrans. They will now be processing it which will take at least 6 months to get it under construction; it is now in the design stage. The other project is the "H" Street/I-805 interchange which he feels is more critical than the one on Bonita Road. Staff would like the signal to be in operation at that interchange as soon as next month. Minutes - 17 - December 16, 1986 Councilman Malcolm asked that staff recognize the Council ' s concern and work on Bonita Road/I-805 along with expediting the signalization at "H" Street/I-805. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. MSUC (McCandliss/Moore) for Council to have a status report back in the middle of January on this project and at that time, there probably will be other assignments for other reports. City Manager Goss stated it was his intention to have monthly reports coming to the Council. 18. INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS IN THE CITY OF CHULA VISTA EAST OF 1-805 FOR 90 DAYS AND DECLARING AN EMERGENCY - FIRST READING AND ADOPTION (Director of Planning) On November 25, 1986, the City Council directed staff to return with an emergency ordinance prohibiting the issuance of building permits east of 1-805 for a period of 4 months. According to the City Code, Section 19.12.130, the moratorium can be initially only for a 90 day period and then could be continued with proper notice for the balance of the 4-month period. Staff has submitted a report regarding the magnitude of the potential impact on the City, pros and cons of the moratorium; and some possible exceptions to be considered. Councilman Malcolm explained that his intent in asking that this ordinance be brought back was to have this as a housing moratorium for that area east of 1-805 and north of Orange Avenue. He did not want included the Redevelopment district on Main Street, any hospital or school additions in the area, or any single family lots. Mr. George Kost, President, Sweetwater Valley Civic Association, discussed the major traffic problem at 1-805 and Bonita Road and also the one on "H" Street and 1-805. He stated that everythi.ng that is being developed east of these intersections is being funneled into these two streets. There needs to be some long-range planning done or the City of Chula Vista will end up with the same type of traffic problems that are existing now in North County along 1-15. Minutes - 18 - December 16, 1986 Mr. Ken Baumgartner, 2727 Hoover Avenue, National City 92050, representing McMillin Development, testified that the moratorium will have a definite impact on their development in the Long Canyon Subdivision. They had hoped to go to market soon for 28 custom lots and are in the construction stage for 59 others. Mr. Baumgartner noted the plans for the public improvements along East "H" Street for which McMillin Development is waiting for a grading permit from the City. He asked that the City not impose a moratorium on their Long Canyon project since it will only have a marginal increase in traffic. Mr. Corky McMillin, President, McMillin Development, stated they have a commitment of being credible and are trying to be consistent with the quality of the homes they are building. He has made an agreement to improve East "H" Street and asked that the moratorium not be imposed on his development. Mr, David Kuhn, President, EastLake Development Co., 701 B Street, Ste. 730, San Diego 92101, stated that the EastLake projects are exceeding all of their commitments with the City; noted the 15 on and off-site improvements EastLake has made and their contribution of over ~1 million to the City for other road improvements which need to be constructed. He is h~re to reaffirm that the improvements to East "H" Street will be going in as soon as grading permits are issued adding that both roads, East "H" and Telegraph Canyon Road, will be improved before any future needs of their project and therefore, future moratoriums will not be necessary. In answer to Council's questions, City Attorney Hatton stated that he has not fully analyzed the development agreement as to when the moratorium could be lifted due to the onset of public improvements. He will be reporting back to the City Council on this. Mr. Ken Kilkenny, 6336 Greenwich Drive, San Diego 92127, representing the Construction Indus'try Federation, testified that the moratorium creates a hardship and should only be imposed on extraordinary events. Mr. Keith Keeter, 1010 Second Avenue, San Diego 92101, Project Design Consultants, requested that his project be exempted from the moratorium as they would like to get their building permits as early as 1987. Mrs. Bess Pocklington, 656 Glover Avenue, declared the citizens want the moratorium due to the City's rapid growth and the traffic jams occurring all over the City. She added that 3 to 4 months for a moratorium is not excessive. Minutes - 19 December 16, 1986 Council discussion followed regarding the agreement with EastLake; (Malcolm) the City should go ahead and have the improvements put in and then get reimbursed; the Council is reacting to a crisis when they should be planning ahead; (Nader) if the City is not in a crisis right now, they may well be headed for one; the moratorium will give staff some breathing room; he is for the concept but not for the embodiment; (McCandliss) the moratorium will have no significant impact on the City at this time; the moratorium becomes just a political gesture at this point due to the fact that the public improvements are all being put in; (Cox) will not support the moratorium; noted the number of projects which have been made in the City to correct traffic conditions; the Bonita Long Canyon development does not have any significant impact on traffic on 1-805 and Otay Lakes Road; an amount of infrastructures and other public improvements have been put in to solve the traffic; the Public Facilities Financing Plan is the way to go; wants the meetings to continue with McMillin to have the East "H" Street improvements put in; the traffic problems on Telegraph Canyon Road have existed since Southwestern College went in; concurs with the rest of the Council that they do have the means of managing growth in the City. It was moved by Councilman Malcolm to place the ordinance on first reading. The motion died for lack of second. MSC (Nader/McCandliss to table item 18. Councilman Malcolm voted 19. INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE PROCESSING OF NEW TENTATIVE AND PARCEL MAPS FOR INDUSTRIAL SUBDIVISIONS IN THE OTAY RIVER VALLEY AREA:; THAT IS, THE AREA IN THE CITY OF CHULA VISTA LYING SOUTH OF MAIN STREET AND OTAY VALLEY ROAD AND THE OTAY VALLEY REDEVELOPMENT AREA FOR 90 DAYS - FIRST READING AND ADOPTION (Director of Planning) Mayor Cox noted he has a potential conflict of interest since he owns some property at Otay Mesa and left the dais at this time. On December 5, 1986, the Otay Mesa Policy Committee met. The Committee is comprised of the Honorable Mayor Maureen O'Connor, Councilman Mike Gotch from the City of San Diego, County Supervisors Leon Williams and Brian Bilbray and Councilmen David Malcolm and Leonard Moore from the City of Chula Vista. The Committee recommended that the respective jurisdictions enact a moratorium for 6 months on the processing of new tentative industrial subdivision maps for Otay Mesa and the environs. This is to afford time for additional transportation and land use studies to be completed. Per Section 19.12,130 of the Municipal Code, the City can enact an interim moratorium for a 90 day period only. It can then be extended for the balance of the 6 month period. Minutes - 20 December 16, 1986 Councilman Malcolm discussed the action of the San Diego City Council not to support the moratorium. MSUC (Malcolm/McCandliss) to file item 19, noting that the Task Force will be coming back with a report to the Council. Mayor Cox abstained. Mr. Fred Borst, 172 Landale, E1 Cajon 92020, stated he is a partner in the Walker Scott Properties/Palm Company which owns approximately 100 acres in this area, 50 of which are in the flood plain and 30 acres of that are subject to some wetland issue so they are really talking about approximately 20 acres to work with. He questioned why only the property owners south of Otay Valley Road were singled out for this particular ordinance. Councilman Malcolm explained that the City of San Diego wanted the moratorium but they will not go along with it unless Chula Vista puts one on its industrial area. (Councilman Malcolm left the dais at this time, 10:22 p.m.). 21. REPORT ON BROWN ACT REVISIONS (City Attorney) ORDINANCE 2185 AMENDING VARIOUS SECTIONS IN CHAPTER 2.04 OF THE MUNICIPAL CODE RELATING TO AGENDAS FOR PUBLIC MEETINGS - FIRST READING (City Attorney) City Attorney Harron explained that Chapter 641 of the Statutes of 1986 (AB 2674) will become effective January 1, 1987. It will significantly affect oral communications, council ~omments and agenda preparation. The report from the City Attorney discusses those changes and presents an ordinance to the Council to amend the Municipal Code to comply with the new requirements. He added that only those items which have been published can be placed on the agenda and there were certain emergency measures that the Council can act on. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved with Councilman Malcolm out. 23. REPORT ON PARKING SPACE CHANGES AT THE BAYFRONT TROLLEY STATION (Director Of Public Works/City Engineer) The Traffic Coordinator's report was in response to Council's direction to investigate two matters at the Bayfront Trolley Station: to lower the handicapped parking signs indicating handicap parking spaces; and to consider reducing the number of Minutes - 21 - December 16, 1986 short-term (20 minute) parking spaces. In addition, Visitor Information Agency (VIA) has requested that three long-term spaces on the east side of the Information Center building be designated employee parking. According to the Acting Director of Building and Housing, State law requires that the handicapped parking signs be.a height of 80 inches which is the height of the handicapped signs at the Bayfront Trolley Station. Although it does not appear that the three handicapped signs can be reduced in height, staff has developed a proposal which would reduce the number of "20-minute" signs and spaces, and increase the number of regular parking spaces. Staff recommended against the designation of three employee spaces at this time. County of San Diego staff concurs with this proposal. Councilwoman MCCandliss questioned the number of handicapped parking spaces throughout the City which do not meet State requirements. Traffic Coordinator Gustafson stated that handicapped spaces are all regulated by State Code and perhaps those signs were either erected prior to the ordinance or they are not in conformance with the Code. MSUC (Malcolm/Moore) to accept the report (Councilman Malcolm out). 24. REPORT ON CHULA VISTA TRANSIT PASS PROPOSAL FOR BOYS AND GIRLS CLUB MEMBERS (Director of Public Works/City Engineer) At its meeting on September 16, 1986, Council directed staff to examine the feasibility of developing a free ride program on Chula Vista Transit for Boys and Girls Club members which would provide transportation on CVT between the vicinity of the existing Boys and Girls Clubs and the new facility on Oleander Avenue. Staff has developed a proposed special pass which has been discussed with Boys Club Director, Mr. Dennis Young who concurs with this proposal. Councilman Malcolm returned to the dais, 10:28 p.m. Mr. Gustafson explained that he discussed the legal requirements with the MTDB and SANDAG Council and was informed that the City cannot give free passes to any category of passengers within a fare category. For instance, there is a Junior Fare category at 40~ per fare and no free rides can be given to the Boys' and Girls' Club members in this category. Councilwoman McCandliss stated that before the Council acts on this item, she would like to hear from both the Boys' and Girls' Club Board of Directors. They are both struggling to get into the facility while still maintaining their operations and this fiscal impact might have a direct bearing on it. Minutes - 22 - December 16, 1986 MSUC (McCandliss/Malcolm) that this issue be referred to the Board of Director of the Boys ' and Girls ' Club with a request for comment back. 32. REPORT OF THE CITY MANAGER a. MSUC (Cox/Moore) for a Closed Session regarding Pending Litigation (Malcolm out - 10:35 p.m.) b. City Manager Goss reported that at the meeting of October 30 the Council directed staff to respond to the traffic speeding in the City, mainly to educate the residents regarding the speeding and its enforcement. The City Manager stated there will be an article in the next Chula Vista Quarterly on this. c. City Manager Goss stated that in past years the Public Works Operations Department has been receiving Christmas trees and chipping them to be used throughout public parks. Neither the School Districts nor the City now has any need for the trees and therefore, there is no reason to continue this chipping program. (Councilman Malcolm re-turned to the dais - 10: 37 p.m.) 33. MAYOR'S REPORT DISCUSSION: a. Appointments to Board of Ethics Councilman Malcolm stated it was his intention to have the Judge interview the people whose applications were sent. The Council has the obligation to either request the Judge to interview them or to do it themselves. Councilwoman McCandliss stated she did not want to see the City Council interview the applicants it should be up to the Judge; however, he needed to be given this direction from the Council; the Judge should feel as comfortable with these people as if they were judging him. MSUC (Malcolm/McCandliss) to direct the City Attorney to expre.ss the Council ' s concerns to Judge Gligorea and to request him to take whatever action (personal or telephone interviews) he feels necessary to make sure he understands that his is the final decision and that he should feel comfortable with the recommendations sent to the City Council. Councilwoman McCandliss said that this request should be "couched" with Council's apologies for the time the Judge has taken up to now. Minutes - 23 - December 16, 1986 b. Appointment of Port Commissioner Mayor Cox noted that Commissioner Phil Creaser's term expires on January 1, 1987. He will continue to serve until his replacement is named. The expiration of the term is due to the 2 term limitation placed on all Boards and Commissions and extended to the Port District appointment as well. Mayor Cox commented that there is logic in keeping Mr. Creaser on for an extended time due to his knowledge and support of the RV Marina, the Bayfront issues and the San Diego City Convention Center which should be completed in about 2-1/2 years. Mayor Cox added he is recommending appointing Mr. Creaser for another term. Councilman Malcolm remarked that the City of San Diego did not extend Roger HedgecoCk ' s term due tO the Convention Center. He praised the achievements of Mr. Creaser but indicated there were other people as qualified in the City. He wished to have this advertised, have applications taken and have Council interview these people sometime in January, noting it could well be that the Council may want to extend Mr. Creaser ' s term. Councilman Moore questioned whether a new Commissioner on Board would be able to represent the City as well for the -. Second Harbor Entrance, Interpretive Center, and other Bayfront issues knowing the background that Mr. Creaser has on these projects. He added he has no objection to delaying a replacement for Mr. Creaser. Councilman Nader stated he is not a fan of a 2 term limitation but has no problem taking applications. In answer to Council's questions, City Clerk Fulasz stated that when a two-term limitation .expires, she immediately posts a notice for applications which is in compliance with the State Maddy Act. c. Mayor Cox referenced the letter from the San Diego Mercy Crusade Organization regarding the City's "exorbitant fees" for adopting a dog or cat. Director of Public Safety Winters responded that he will be coming back to Council in January with a report on this. He is in total agreement with their position. d. Mayor Cox announced that the Parade of Lights will be at the Chula Vista Harbor on Monday, December 22 at 6 p.m. Minutes 24 - December 16, 1986 34. COUNCIL COMMENTS a. In answer to Councilman Malcolm's question, City Manager Goss stated that Council will be getting a staff report sometime in February regarding the broadcasting by Cox Cable of City Council meetings. b. Councilman Moore asked that Council set a date for interviewing the applicants for Planning Commission. Mayor Cox stated there are presently 35 applications; he will have the secretary call the Councilmembers tomorrow and set the time for a Saturday in January. c. Councilman Nader wished everyone a Merry Christmas. d. City Manager Goss remarked that to the lateness of the hour, he is withdrawing his request for Closed Session for pending litigation. ADJOURNMENT AT 11:05 p.m. to Thursday, December 18, following the Redevelopment Agency meeting and to the regular meeting of January 6, 1987 at 4:00 p.m. ~e M. Fulasz, CM~ City Clerk 0930C MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held luesday, December 16, 1986 The City Council met in the Council Chamber at the Public Services Building, 276 Fourth Avenue on the above date at 7:00 p.m. with the following Councilmen present: Cox, McCandliss, Malcolm, Nader Moore Councilmen absent: None ADJOURNMENT The Mayor adjourned the meeting at 11:_05 p.m. until Thursday December 18, at 4:00 p.m. in the Council Conference Room, City Hall, 276 Fourth Avenue, Chula Vista, California. I, Jennie M. Fulasz, City Clerk of the City of Chula Vista, DO HEREBY CERTIFY that this is a full, true and correct copy of an order by the City Council at the meeting of December 16, 1986 L~ ASZ, CMC, CITY City of Chula Vista, California STATE OF CALIFORNIA ) A[FIDAVIT OF POSTING ORDER COUNTY OF SAN DIEGO ) ss OF ADJOUkN~NT OF MEETI~]G CITY OF CHULA VISTA ) I, Jennie M. Fulasz, being first duly sworn depose and say ~: That I a the duly chosen, qualified and acting City Clerk of the City Council of the City of Chula Vista; That the requ]ar meeting of the Council of the City of Chula Vista was held December 16, 1986 and said meeting was adjourned to the time and place specified in the order of adjournment ATTACHED HERETO: That on December 17, 1986 at the hour of I0:00 a.m. I posted a copy of said order at a conspicuous place on or near the door of the place at which said matting of December 16 was held. City Clerk Subscribed and sworn to before me this day of 19 Notary Public in and for said County and State of California