HomeMy WebLinkAboutcc min 1987/01/06 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, January 6, 1987 Council Chamber
4:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox, Councilmembers Nader, Moore,
McCandliss, Malcolm
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, Assistant City Attorney Rudolf
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 meetings of December 16 and 18,
1986.
MSUC (McCandliss/Moore) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY None.
3. CONSENT CALENDAR (3a 21) Items pulled: 7, 12
MSUC (Malcolm/McCandliss) to approve the Consent Calendar.
WRITTEN COMMUNICATIONS
a. REQUEST FOR 35 MPH SPEED LIMIT AND PARKING RESTRICTIONS ON
MAIN STREET AND STOPLIGHT AT 1-805 AND MAIN - Robert Casey,
Chairman, Robinhood Homes, Inc., 3648 Main Street, Chula
Vista, CA 92010
MSUC (Malcolm/McCandliss) refer to staff for report.
b. REQUEST TO SUBSCRIBE TO COMMUNICATION & LANGUAGE LINE, INC.
(CALL) - Jeffrey J. Munks, Vice President, Marketing, 177
Webster Street, Suite A-3767, Monterey, CA 93940
Minutes - 2 - January 6, 1987
City Manager Goss explained that this letter is about new
service that provides 24-hour access by telephone lines for
emergency personnel who may need a translator to communicate
in a variety of languages. While it appears the Police
Department does not normally need this service, the rates
appear to be fairly reasonable.
MSUC (Malcolm/McCandliss) refer to staff for report.
c. REQUEST TO PROVIDE TRANSPORTATION FOR HISPANIC ELDERLY IN OTAY
AREA TO SENIOR NUTRITION PROGRAM SITE Supervisor Brian
Bilbray, 1600 Pacific Highway, San Diego 92101
City Manager Goss noted that this is a letter from Supervisor
Bilbray proposing that if the County, through the Area Agency
on Aging, can provide a vehicle, the City consider providing
funding for the vehicle's operation to provide transportation
for the Hispanic elderly who utilize Otay Community Center.
Whether or not this bus route modification meets the direct
needs being requested is unclear.
MSUC (Malcolm/McCandliss) refer to staff for report and
acknowledge the letter from Supervisor Bilbray, advising him of
the Council's action.
d. CLAIMS AGAINST THE CITY -
Francisco Javier Padilla, c/o Marilyn L. Huff, 1700 First
Interstate Plaza, 401 B Street, San Diego CA 92101
On November 25, 1986, Mr. Padilla filed a claim for indemnity
with the City of Chula Vista in connection with a lawsuit
brought by Darren and Cella Morgan which stemmed from an
automobile collision on the South Bay Freeway in the County of
San Diego. Since the accident occurred outside the City
limits of Chula Vista, it was recommended this claim be denied.
Peggy M. Lund, c/o Michael H. Fish, Esq., 1010 Second Avenue,
Suite 2200, San Diego, CA 92101
The claim for $50,000 alleges personal injuries sustained from
a trip and fall on the sidewalk near the intersection of
Casselman and Monte Viste Streets in the City of Chula Vista.
Due to remote liability on the part of the City, it was
recommended that this claim be denied.
centre city Associates, Ltd., - Commercial and Zogob
Development Company, Inc. c/o William A. Johnson, Jr., 2255
Camino del Rio South, San Diego, CA 92108
Minutes - 3 - January 6, 1987
The claim for indemnity with the City is in connection with
the lawsuit filed by Susan L. Keesling which stems from an
incident occurring in the public parking facility at Third and
"F" Streets in August 1985. Due to questionable liability on
the part of the City, it was recommended this claim be denied.
MSUC (Malcolm/McCandliss) to deny the claims.
4. RESOLUTION 12859 RECITING THE FACT OF THE SPECIAL MAIL
BALLOT ELECTION HELD ON DECEMBER 16, 1986,
DECLARING THE RESULTS THEREOF AND SUCH
OTHER MATTERS AS ARE PROVIDED BY LAW (City
Clerk)
The Special Mail Ballot election held on Tuesday, November 16,
1986, had a voter turnout of 34.93%.
In accordance with the City Clerk's Certificate of Canvass, as
Certified by the Acting Registrar of Voters, Proposition A - the
Rent Control Initiative was defeated.
5. RESOLUTION 12860 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND BUD GRAY FOR PLANNING
SERVICES (Director of Planning)
O~ February 25, 1986, the City Council authorized the hiring of
Mr. Bud Gray to coordinate the General Plan update. His present
contract expired January 1, 1987. This agreement is an extension
which covers his services through December 31, 1987.
6. RESOLUTION 12861 AUTHORIZING THE MAYOR TO ENTER INTO A
COOPERATIVE AGREEMENT WITH THE BAYFRONT
CONSERVANCY TRUST (Community Development
Director)
The Bayfront Conservancy Trust is incorporated under the
provisions of the State of California as a non-profit public
corporation. The Trust was established by the Redevelopment
Agency in order to oversee the Nature Interpretive Center and to
facilitate the provisions of the City's Local Coastal Plan,
environmental management section. The Agreement facilitates the
Tr~st's responsibility with respect to the employment of personnel.
The Bayfront Conservancy Trust has a budget that was approved
under the Redevelopment Agency budget for the 1986-87 fiscal year.
7. RESOLUTION APPROVING HOUSING COOPERATION AGREEMENT
WITH CHURCH AND G, LTD. FOR AFFORDABLE
SENIOR HOUSING UNITS (Community
Development Director)
Pulled from Consent Calendar.
Minutes - 4 - January 6, 1987
8. RESOLUTION 12862 APPROVING AN AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND ONA FOR LANDSCAPE
ARCHITECTURAL SERVICES FOR THE DEVELOPMENT
OF A CONCEPT PLAN FOR EL RANCHO DEL REY #6
PARK (Director of Parks & Recreation)
The City Council has allocated ~266,000 for the design and
construction of E1 Rancho del Rey #6 Park, ~260,000 of which was
appropriated in the current fiscal year's budget. The 6.3 acre
unimproved site, located at the corner of East "J" Street and
Beechglen Drive, was dedicated to the City.
Funds in the amount of ~266,000 have been allocated for this
project in accounts 600-6000-PD41, RC40.
9. RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS IN THAT
CERTAIN SUBDIVISION KNOWN AND DESIGNATED
AS BONITA LONG CANYON ESTATES, UNIT 1
(Director of Public Works/City Engineer)
This item was pulled at the request of the City Manager.
10. RESOLUTION 12863 ACCEPTING GRANT OF EASEMENT FROM GLENN T.
MOYERS AND PEGGY MOYERS FOR STREET TREE
PURPOSES ALONG FOURTH AVENUE SOUTH OF
ORSETT STREET (Director of Public
Works/City Engineer)
The subject property is in the Montgomery Annexation area.
Tentative Parcel Map 86-12 was reviewed by the Engineering and
Planning Departments. Among the conditions of approval that must
be complied with prior to the approval of the Final Parcel Map is
that the owners grant a 5.5 foot wide easement for street tree
planting and maintenance purposes along Fourth Avenue.
A subordination agreement has been signed by the Trustee and
Beneficiary under a deed of trust for the subject property
subordinating their rights to the interest of the City.
The owners are responsible for the construction of street
improvements along the full frontage of Parcel 2 on Fourth Avenue
and along Orserr Street for the entire length of a 40 foot wide
access easement.
11. RESOLUTION 12864 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND JON AND ROBERTA B.
HOLMERUD FOR A DEFERRAL AND LIEN ON THEIR
PROPERTY AT 1130 SECOND AVENUE (Director
of Public Works/City Engineer)
Minutes - 5 - January 6, 1987
As a condition of the approval of a building permit to construct a
second unit in the rear area of 1132 Second Avenue, the owner was
required to add street improvements. A deferral was approved by
the City Engineer on June 27, 1986, because the improvements would
have been piecemeal without an overall engineering plan and would
be detrimental since it would not conform to existing grades and
drainage flow.
As a condition of approval of the deferral, the owner is required
to enter into an agreement whereby:
1. He will cause said improvements to be installed within 30 days
of written notice from the City Engineer or within 3 years,
whichever occurs first.
2. Will allow the City to place a lien against his property in
the amount of $6,100.
3. Will submit a cash deposit in the amount of ~6100.00 to
guarantee the installation of said improvements, in which case
the agreement will not.be recorded.
4. That he will not protest the formation of the 1911 Act or
other similar proceeding to install improvements.
12. RESOLUTION ACCEPTING BIDS, APPROPRIATING FUNDS AND
AWARDING CONTRACT FOR TREE TRIMMING
SERVICE FOR FISCAL YEAR 1986-87 IN THE
CITY OF CHULA VISTA, CA (Director of
Public Works/City Engineer)
Pulled from Consent Calendar.
13. RESOLUTION 12865 ACCEPTING GRANT OF EASEMENT FROM GARDNER
INVESTMENT PROPERTIES FOR SEWER PURPOSES
IN LOTS 9 THROUGH 14 OF CHULA VISTA ~OODS
SUBDIVISION (Director of Public Works/City
Engineer)
At approximately the same time that the Final Map for Chula Vista
Woods was approved, Gardner Investment Properties, the owner of
the Chula Vista Woods Subdivision, purchased approximately 700
acres surrounding Chula Vista Woods from United Enterprises, Inc.
Gardner Investment proposes to develop approximately 100 acres of
the land in the very near future. The developer proposes to
extend the sanitary sewer and a storm drain culvert to serve the
proposed development, and has requested that the City accept
easements through lots 105 and 106 of Chula Vista Woods at this
time to facilitate the future sewer and storm drain extensions.
Engineering staff has requested that the developer grant a sewer
easement across lots 9 through 14 so that when it becomes feasible
to remove the sewer pump station and construct a gravity system,
the easement will be available.
Approved as revised.
Minutes 6 January 6, 1987
14a. RESOLUTION 12866 APPROVING SECOND AMENDMENT TO AGREEMENT
BETWEEN THE COUNTY OF SAN DIEGO AND THE
CITY OF CHULA VISTA FOR THE FINAL DESIGN
AND CONSTRUCTION OF THE BAYFRONT TROLLEY
STATION AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (Director of Public
Works/City Engineer)
b. RESOLUTION 12867 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA COUNTY AND THE OF SAN DIEGO
FOR THE TRANSFER OF RENTS AT THE BAYFRONT
TROLLEY STATION AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT (Director Of
Public Works/City Engineer)
The Second Amendment to the City/County Agreement for Bayfront
Station Construction increases the total project cost from the
previous estimate in April 1986 from ~5.2 million to ~6.5 million
and the City's 50% share to ~650,000. The County is requesting
the City to contribute ~169,500 of the ~650,000 increase now in
anticipation that the ~961,000 in State funds for this project
previously approved by the State will be released. The second
agreement provides for the County to transfer to the City rent
collected from Cabrillo Lanes, Inc. prior to October 21, 1986, in
the amount of approximately $40,000. By Resolution No. 551
adopted by the Redevelopment Agency in December 1984, the Agency
determined that it could legally finance the Bayfront Station
project. In order to increase funding for the project as
contained in the Second Amendment, it will be necessary for the
Agency to hold a public hearing which is scheduled for February 5,
1987.
The recommendation was that Council:
1. Approve Second Amendment to Agreement between the County of
San Diego and City of Chula Vista for the final design and
construction of the Bayfront Trolley Station.
2. Request the Redevelopment Agency to appropriate ~169,500 for
the Bayfront Station Project.
3. Approve agreement between the County of San Diego and the City'
of Chula Vista for the transfer of rents at the Bayfront
Trolley Station.
15. RESOLUTION 12868 APPROVING THE UPGRADING OF THE POLICE
DEPARTMENT AIR CONDITIONING SYSTEM AS PART
OF THE CRIME LAB CONSTRUCTION PROJECT
(Director of Public Works/City
Engineer/Director of Public Safety)
Minutes - 7 - January 6, 1987
The mechanical consultants working on the plans for the Police
Crime LaD and Communications Center project identified a serious
deficiency in the building's air conditioning system. Apparently,
the air conditioning system at the Police Department, which was
built approximately 17 years ago, was not designed to accommodate
full usage of the building as now proposed to be occupied. A
study to determine the best method of upgrading the air
conditioning system has been completed.
City Manager Goss asked that the Council approve the project. A
request for appropriation of funds will come back to Council at a
later date.
16. ORDINANCE 2181 ESTABLISHING A SPECIAL SEWER SERVICE RATE
AREA FOR CHULA VISTA WOODS SECOND
READING & ADOPTION (Director of Public
Works/City Engineer)
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. The ordinance, which had its
first reading on December 16 enables the City to collect
sufficient funds with the water bills to guarantee the continued
maintenance and operation of the pump station.
17. 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 SECOND
READING & ADOPTION (Director of Public
Safety)
The ordinance, which had its first reading on December 16, 1986,
adopts the 1985 Edition of the Uniform Fire Code regulating fire
and life safety in the City.
18. ORDINANCE 2183 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 THE MAYOR SECOND READING &
ADOPTION (City Attorney)
The ordinance which was placed on first reading on December 16,
1986 authorizes a five percent (5) increase in compensation for
the Mayor and Councilmembers as of the first pay period in January
1987.
Minutes 8 January 6, 1987
19. 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 - SECOND
READING & ADOPTION (Director of Planning)
The ordinance which was placed on first reading on December 16,
1986 fezones 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.
20. ORDINANCE 2185 AMENDING VARIOUS SECTIONS OF THE MUNICIPAL
CODE RELATING TO AGENDAS FOR PUBLIC
MEETINGS SECOND READING & ADOPTION
(Assistant City Attorney)
Chapter 641 of the Statutes of 1986 (AB 2674) became effective
January 1, 1987. It significantly affects oral communications,
council comments and agenda preparation. The ordinance which was
placed on first reading on December 16, 1986 amends the Municipal
Code to comply with the new requirements.
21. EMERGENCY AMENDING THE CHULA VISTA MUNICIPAL CODE
ORDINANCE 2186 RELATING TO THE SALE OF CHEMICALS USED IN
PRODUCING CONTROLLED SUBSTANCES FIRST
READING & ADOPTION (Director of Public
Safety)
Proposed additions to the Health and Sanitation Chapter of the
Municipal Code are designed to govern the sales of chemicals used
in the production of illegal drugs, specifically crystal
methamphetamines. The passage of this ordinance will assist in
regulations of chemical sales until October 1987 when State of
California legislation (1986 Chapter 1028) will preempt local
regulations in this area.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
22. PUBLIC HEARING VARIANCE ZAV-87-10 - APPEAL FROM PLANNING
COMMISSION DENIAL OF VARIANCE AT 59 "K"
STREET JACK AND MARTA KUTA (Director of
Planning)
RESOLUTION GRANTING APPEAL AND APPROVING VARIANCE FOR
FLOOR AREA RATIO OF 45.5 PERCENT AT 59
STREET
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Minutes 9 January 6, 1987
Director of Planning Krempl explained this is an appeal from a
planning Commission denial of an original request to increase the
floor area ratio (FAR) from 46% to 52% at 59 "K" Street in the R-1
zone. The applicant, however, has substantially reduced the scope
of the project for consideration by Council on appeal, and
approval of the present request would actually reduce the FAR from
46% to 45.5%.
The original request was to add a first floor family room, extend
the second floor master bedroom, and make other minor
modifications which together would have added 543 sq. ft. of floor
area to the dwelling. the request also included a new 528 sq. ft.
garage on the rear of the lot, while the existing 540 sq. ft.
garage would be removed to make way for an extended driveway and
pool/patio area. The size difference between the new and existing
garage would deduct 12 sq. ft., resulting in a total floor area
increase of 531 sq. ft.
The appellant has deleted from the request all of the previously
proposed additions to the dwelling, and now requests Council
consideration only of the proposal to replace the existing 540 sq.
ft. detached garage. Although this would actually reduce the FAR
from 46% to 45.5%, the FAR would still exceed the 45% allowed, and
the Code prohiDits any such "alteration" to a nonconforming use
unless the alteration conforms with present standards or unless a
variance is granted.
The project is exempt from environmental review as a Class l(e)
exemption.
Staff recommendation was for Council to grant the appeal and
thereby approve the variance for a floor area ratio of 45.5% based
upon the findings enumerated in their report.
Director Krempl noted that a petition was submitted to the
Planning Commission containing 57 signatures of residents in the
area opposing the original plan; however, another notice was sent
to them appraising them of the modification. Staff is
recommending approval noting that the configuration and the
proposed construction would be an improvement in the area.
Mr. Jack Kuta, the applicant, stated that the lot coverage has now
been reduced from 29% to 28.8%; as to the FAR, part of the 45.5%
calculation includes the open space unihabitable open area in
front of the house comprising 232 square feet - basically a longer
roof line in front; this is a deep lot which can accommodate the
garage better at the rear set-back which would balance out the
structure; the garage is used partly for a workshop area also.
Minutes 10 - January 6, 1987
Mr. Ben Aginiga, 66 Millan Court, Chula Vista 92010, stated he
was representing himself, his family and neighbors, and requested
more time to speak at the podium. His comments were: referred to
the letters submitted to Council explaining the opposition to the
request by Jack and Marla Kuta; the request was unanimously denied
by the Planning Commission on November 19, 1986 and asked that the
Coun'cil deny it also; 57 neighbors signed the petition in
opposition; the garage is being constructed too close to the rear
property line; the proposed construction surpasses the City's FAR;
in one year Mr. Kuta could walk in and obtain a building permit
for his original request at 54% FAR; the structure being so close
to the rear property line would invade his back yard privacy; his
property is lower than that of the Kuta's and wants the Council to
consider water and drainage runoff onto his property; the
increased noise and nighttime lighting will be "intolerable";
commented on staff's report and findings; requested denial of the
request.
In answer to Councilman Moore's question, Mr. Aginiga stated that
the petition signed by the residents by the original application
still holds true for the revised application.
Councilman Malcolm noted that a normal garage is 20 x 20 feet and
Mr. Kuta is just 1/2 of 1% over that. He questioned why Mr. Kuta
could not take another 1-1/2 feet off the garage to make it
conforming.
Mr. Kuta indicated he had already taken 12 square feet off the
garage area and needs the minimal extra space now designated.
There being no further testimony either for or against, the public
hearing was closed.
Councilwoman McCandliss noted that when there is a major change in
any of the applications or requests coming to the City Council
where staff recommends approval and the Planning Commission
recommends denial, she would like to see that go back to the
Planning Commission prior to coming to the City Council. If this
procedure was followed for the Kuta application, it may not have
had to come to the Council.
Councilman Nader stated there is still controversy amongst the
neighbors concerning this application. He would like to see this
referred back to the Planning Commission to get their input.
Mayor Cox agreed that in the future all such applications should
go back to the Planning Commission first prior to Council
consideration. He added that he concurs with the staff
recommendation since approval will be going in the direction of
the FAR as approved by Council.
It was moved by Mayor Cox to grant the appeal. The motion died
for lack of second.
Minutes - 11 - January 6, 1987
SUBSTITUTE MOTION
MSC (Nader/Malcolm) to refer this back to the Planning Commission
for input.
The motion carried by the following vote, to wit:
AYES: Nader, Malcolm, Moore
NOES: Cox, McCandliss
ABSENT: None
Council discussion followed regarding the time schedule.
Mayor Cox suggested a double notice be sent out to the residents:
noting the Planning Commission hearing date and if appealed, the
date for the City Council meeting.
MS (McCandliss/Malcolm) that this appeal be continued subsequent
to the Planning Commission hearing for the date of Tuesday,
February 10, 1987 at 7 p.m.
SUBSTITUTE MOTION
MSUC (Cox/Malcolm) to refer this item back to the Planning
Commission for further evaluation and to continue the public
hearing before the City Council scheduling it for Tuesday, January
20, 1987 at 7 p.m. to come back along with Planning Commission
input. Written notices are to be sent out to the residents in the
surrounding area regarding the City Council action.
23. PUBLIC HEARING VACATING A PORTION OF BROADWAY AT THE
NORTHWEST CORNER OF ITS INTERSECTION WITH
ANITA STREET (Director of Public
Works/City Engineer)
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Director of Public Works/City Engineer Lippitt stated that 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 because his property is substandard 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.
The following conditions will be imposed and shall be met before
the City Clerk has the resolution recorded:
Minutes 12 - January 6, 1987
1. A site plan is to be submitted and approved by the Planning
Department showing how the vacated land is to be used.
2. A complete set of improvement plans for the reconstruction of
the Broadway and Anita Street improvements shall be prepared
by the applicant's private engineer and the plans approved by
the Director of Public Works/City Engineer.
Director Lippitt submitted transparencies showing the area and the
location of the proposed triangular parcel to be vacated. He
noted there is a question of the underlying fee of the title to
the property, whether it should revert to the property owner or to
the City; a new alignment for the curb would have to be made;
noted the traffic volumes on Silva Street to get on to Main
Street; if a vacation is approved then further study should be
done and it should be the applicants responsibility to hire a
traffic engineer to do the study; staff's recommendation would be
for Council to either deny the application or to continue the item
to a later date so that the traffic study could be completed and
to have the applicant go through a title search for reverting the
property to either the City or the owner.
Mr. Truman Brooks, 3404 Bonita Road, Bonita 92002, owner of
1502-1510 Broadway property, spoke in favor of the vacation
stating it would greatly improve the cars exiting out of his
property onto Broadway.
Mr. William Perkins, 1550 Broadway, Chula Vista 92010, stated his
building was constructed early in 1970 (racquetball facility) when
a lesser amount of parking was required; however, he now wants to
comply with the parking requirements of the City and he needs this
triangular piece of property in order to comply with the parking
requirements and improve the alignment of Broadway.
Mr. Bob Kennedy, 411 Camino del Rio South, #204, San Diego 92018,
representing Arnson-Roth & Associates, stated he prepared the
vacation plats; noted they were not involved with the traffic
pattern at this intersection; they are planning a 35 foot curb
return; closing off that one-lane street will not impact motorists
too considerably going onto Main Street; the title research was
not a question with them until they heard about it 3 days ago.
Mr. Jerry Leaf, Chula Vista, testified the traffic light going
north on Silva onto Broadway changes every 3 seconds and only 2
cars can get by at one time. He asked that Council not make any
rapid change but to refer this for further study noting the
property has changed hands several times and street improvements
must be made.
There being no further testimony either for or against, the public
hearing was closed.
Minutes 13 - January 6, 1987
Council discussion followed regarding future alignment of
Broadway; needed street improvements; agreement with the property
owner and title research. Councilwoman McCandliss questioned
granting the vacation in case the City may need this area at some
future date for roadway purposes and if a study is to be done, the
City should share the cost since a public service is involved.
MSUC (Cox/Malcolm) to refer this matter to staff for further study
regarding the traffic impact of a possible vacation of this area
and to also deal with the question of who actually has title in
the event of a vacation of this roadway. Further, that staff work
out an equitable arrangement regarding the sharing of the cost of
this study between the City and the applicant.
24. ORAL COMMUNICATIONS
a. Rick Matias, 926 Nacion Avenue, Chula Vista 92011, asked for
installation of a guard rail in front of his home noting the
accidents occurring in this area; the number of cars coming
onto his front yard close to his living room and also the
front yards of his neighbors.
Discussion followed regarding the new regulations of the Brown
Act in which the Council cannot take any action not on the
agenda. Assistant City Attorney Rudolf stated that this
request came under Oral Communications and the ordinance
regarding automatic referral of these items to staff is not
yet in effect; however, staff has heard the complaint and will
intelligently and rationally act on it.
b. Bob Flaugher, 1100 Industrial Blvd, Space 1-10, Chula Vista
92011, referred to the letter he submitted to the Council
regarding the rent increase for the Hacienda Mobilehome Park
of ~28 per month.
Rev. Flaugher stated this is a forerunner of what the Council
can expect whereby other park owners will also be increasing
their rents. He heard about this rent increase from a tenant
in the Hacienda Mobilehome Park who was afraid of retaliation
from the park owner. He added that if the City Council
doesn't give the mobilehome park tenants some sort of relief,
they will be coming back with another rent control initiative.
Mayor Cox remarked that he met with the City Attorney and Mary
Frances Click today regarding the mediation process of
Ordinance 2163. If the park owners will not work with the
Mediation Issues Committee, his next step would be to request
binding arbitration.
Minutes - 14 January 6, 1987
Mayor Cox added that he also talked to Adeline Smith
concerning the increase and she informed him that they have
already contacted the park owner and are trying to convince
him that he is out of line. The ordinance process is in
operation and asked Rev. Flaugher to give it an opportunity to
work.
Mayor Cox commented that he hoped the City Attorney would take
the initiative to draft a letter to the owner/managers of
mobilehome parks informing them of the City's Ordinance.
Assistant City Attorney Rudolf noted the tort liability
regulations against the landlords adding that, under the
ordinance, the City could provide information to the tenants;
however, they would have to go to the Court to settle any
issues.
Mary Frances Click, 1100 Industrial Blvd, Space 1-57, Chula
Vista 92011, stated a letter has gone out as of December 26
concerning this issue. Petitions are in the process of being
signed right now and they are meeting with the people in the
Hacienda Mobilehome Park. A letter will be mailed to everyone
in that park and this matter will also be brought up and
discussed at the Mobilehome Issues Committee meeting this
Thursday. She will keep the Council posted.
Councilman Malcolm questioned the time element stating his
concern was to not allow the increase to go into effect.
c. Mr. Jack Unger, 714 Elm Street, Chula Vista, stated he has
talked to Council on several occasions regarding the guest
house, or rental unit, next to his property. Six months ago
the co-owner moved out with her 2 daughters and one week later
2 young men moved in. They now have 2 cars and 2 motorcycles
in the alleyway and they are renting that unit.
Mr. Unger questioned how the City'could allow a rental unit in
an R-1 Zone.
PULLED ITEMS
7. RESOLUTION 12869 APPROVING HOUSING COOPERATION AGREEMENT
WITH CHURCH AND G, LTD. FOR AFFORDABLE
SENIOR HOUSING UNITS (Community
Development Director)
Minutes 15 - January 6, 1987
On May 28, 1985, the City Council approved Conditional Use Permit
No. pCC-85-17 and took other zoning actions which provided for the
development of Oak Terrace Apartments, an increased density,
36-unit senior apartment project located at 423 Church Avenue.
The Senior Housing Development Policy under which the project was
approved requires that the project units be restricted to
occupancy by and be affordable to low-income senior tenants. An
agreement assuring that tenancy has been prepared. An occupancy
permit will not be issued for the development until this agreement
is executed.
The recommendation was that the Council approve the Housing
Cooperation Agreement with Church & G, Limited controlling
occupancy of Oak Terrace units.
Councilman Malcolm questioned the number of parking spaces
required for this project.
Assistant Community Development Director Gustafson stated 27
parking spaces are being required; the Planning Department
working on a parking issues report (specifically Cantebury Court);
the Community Development Department is doing an analysis of the
density bonuses and will be requesting a Council workshop on this
in the future.
It was moved by Councilman Malcolm to refer this back to staff
for a report next week (January 13) along with a copy of the
minutes of that particular approval by the City Council and
whether or not the Council can require the project to be a
permanent senior citizen's project.
Assistant Community Development Director Gustafson explained that
the conditional use permit requires the units to be occupied only
by seniors for as long as they are there. The 25 year period is
for affordability for the low and moderate income.
Councilman Malcolm withdrew his motion.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
12. RESOLUTION 12870 ACCEPTING BIDS, APPROPRIATING FUNDS AND
AWARDING CONTRACT FOR TREE TRIMMING
SERVICE FOR FISCAL YEAR 1986-87 IN THE
CITY OF CHULA VISTA, CA (Director of
Public Works/City Engineer)
On December 17, 1986, the Director of Public Works/City Engineer
received sealed bids which provides for the trimming of 1,376
trees: 295 Eucalyptus trees, 43 extra large Eucalyptus trees and
1,038 Broadleaf trees located on various streets in the City of
Chula Vista.
Minutes - 16 - January 6, 1987
The recommendation was that the City Council:
1. Appropriate ~6,827 from the unappropriated balance of the
General Fund;
2. Accept bids and award contract to Western Tree Service (low
bidder), in the amount of ~97,827.00.
Additional funds will have to be appropriated from the General
Fund reserves since Gas Tax fund reserves are depleted. Should
Gas Tax funds become available, a fund transfer will be
recommended at a later date.
Councilwoman McCandliss questioned whether staff evaluates the
cost factor of putting on a City crew as opposed to contracting
for these projects. Director of Public ~gorks/City Engineer
Lippitt stated the staff is working on that and a report will be
given to Council by budget time.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
25. REPORT OF THE CITY MANAGER
a. City Manager Goss reported that the United Way Campaign
contributions by the employees this year totaled ~22,000 which
was 5% over that of last year.
b. City Manager Goss submitted a CIP work schedule put'out by the
Traffic Department noting the 18 projects proposed for 1987.
26. MAYOR'S REPORT
a. Mayor Cox noted that 3 additional applications have been
received by the City Clerk for the Port Commissioner position.
Councilman Malcolm indicated that due to the holidays, there
was not enough time to allow everyone to submit their names
and would like to see this extended.
MS (Malcolm/McCandliss) to close the deadline for applications for
the Port Commissioner on January 30, 1987.
Assistant City Attorney Rudolf stated the Council could not
take this action since it was not a docketed item on the
agenda; however, it may be deemed an item which was not
foreseen 72 hours prior to the meeting.
Minutes 17 - January 6, 1987
Mayor Cox suggested the City Clerk forward all applications
she receives up to Friday, January 16, after which time the
City Council will review them and make a decision as to the
date of the interviews.
Councilman Malcolm withdrew his motion; Councilwoman
McCandliss agreed to the second.
b. Mayor Cox noted that for the past 2 years the City Clerk has
been trying to fill the Deputy City Clerk position. He hoped
that the City Manager would get together with the City Clerk
and see what can be done to fill this position.
City Manager Goss stated he talked to the City Clerk about a
salary survey of the clerical positions in the City just
completed. As soon as this is reviewed, he will come back to
the Council with a report.
c. Mayor Cox noted that the Sierra Club v. Marsh decision will be
made tomorrow morning, January 7.
27. COUNCIL COMMENTS
a. Councilman Moore reported on the Otay Mesa Policy Committee
stating that he is not impressed with the Committee's work and
he has nothing to report since nothing much is being done. If
it does not improve, he will be asking to resign from this
Committee.
b. Councilwoman McCandliss noted that a Council Conference is
being scheduled for Thursday, January 22 for the General Plan
Update. Since she will be out of town on that date, she asked
that this be continued.
City Manager Goss stated that he is going to continue this
Conference to January 29, 1987.
c. Councilwoman McCandliss asked for a status report on getting a
Superior Court for South Bay.
Mayor Cox noted that part of the problem is the
renovation/remodeling plans the County is working on for funds
for the South County and East County Regional Center and
Downtown San Diego.
d. Councilwoman McCandliss discussed the question of abatement of
campaign signs stating she would like to have the Council look
at this.
Assistant City Attorney Rudolf stated he has prepared an
amendment to the ordinance which will be coming to the Council
next week shortening the abatement period.
Minutes - 18 - January 6, 1987
e. Councilman Malcolm stated he read the article about the sex
club being operated in Chula Vista (THAD) and questioned the
Assi'stant City Attorney's opinion concerning its legality. He
declared the Council should have the police powers to abate
that operation.
MS (Malcolm/Moore) for the health, safety and general welfare of
the City, to direct the City Attorney to do whatever is necessary
to authorize the Police Department or the Zoning Enforcement
Officer or whoever, to take action to shut down that operation as
soon as possible.
Assistant City Attorney Rudolf stated that this is a matter of
potential litigation and should be discussed in Closed Session.
Councilman Malcolm withdrew the motion.
MSUC (Cox/Malcolm) at the end of the business meeting to adjourn
to Closed Session according to Government Code Section 54 956.8B2.
f. Councilman Malcolm discussed the trash and broken concrete
along Sweetwater Road next to Rohr Park on the jogging trail.
City Manager Goss stated that he will get in touch with the
County on this since it is caused by their road improvement
project.
The Council recessed to Closed Session at 7:02 p.m. The City
Clerk was excused and the City Manager reported that the session
ended at 7:38 p.m.
ADJOURNMENT AT 7:38 p.m. to the meeting of January 13, 1987 at
7 p.m.
Jennie' M. Fulasz, ~CMC, City k
0937C