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HomeMy WebLinkAboutcc min 1987/02/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, February 17, 1987 Council Chamber 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Councilmembers Nader, Moore, McCandliss, Malcolm MEMBERS ABSENT: Mayor Cox (arrived in time for Closed Session) STAFF PRESENT: City Manager Goss, Assistant City Manager Asmus, City Attorney Harron In the absence of the Mayor,.Mayor pro Tempore Moore presided over the meeting. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor pro Tempore Moore followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meetings of February 3, 10, and 12 1987. Councilman Nader offered a correction to the February 10, 1987 Minutes on Page 8, Clause A, to delete the second portion of his motion: "...and take out the limitation of the number of open house signs on one piece of property." Councilwoman McCandliss offered corrections to the February 12, 1987 Minutes: 1) on Page 5, adding that Bob Penner also received two votes; 2) the third paragraph from the bottom of the page by Councilwoman McCandliss was made following Council's vote; and 3) she then offered a motion to reconsider which did not receive a second. Councilman Malcolm referred to Page 4 stating his comments should reflect that he is in favor of the 2-term limitation. Councilwoman McCandliss moved for approval of the above-listed minutes; councilman Nader seconded this motion. A vote being had upon the approval of the Minutes of February 3, 10, and 12 resulted in a unanimous vote in favor of their approval. 2. SPECIAL ORDERS OF THE DAY None. Minutes 2 February 17, 1987 CONSENT CALENDAR Items pulled: 3a. Councilman Malcolm noted that in reference to 3-e, if Council wished to again review this specific motion, that same would be rescheduled for March 17 meeting. Councilman Malcolm further noted that he was absent when Item NO. 8 was discussed, and would therefore abstain from voting on this item. MSUC (Malcolm/McCandliss) to approve the Consent Calendar. 3. WRITTEN COMMUNICATIONS a. CONCERN REGARDING STATE FUNDING APPROACH FOR AIDS - Lance C. Clem, Community Relations Coordinator, S.D. AIDS PROJECT, P.O. Box 89049, San Diego CA 92138 Pulled from Consent Calendar. b. SUPPORTING REQUEST TO CLOSE "F" STREET BOOKSTORE Charles Platt, Chairman, South Bay Ecumenical Council, 36 E. Naples, Chula Vista, CA 92011 This was a request from the South Bay Ecumenical Council that the Mayor/City Council/City Attorney take prompt and swift legal action to close the "F" Street Bookstore and to insist on the persecution of established purveyors of pornography. The request was referred to staff for a response of the City's action taken to date. MSUC (Malcolm/McCandliss) letter to go to South Bay Ecumenical Council advising them of action City has taken to date. c. REQUEST FOR 4-WAY LEFT TURN SIGNAL AT FOURTH AND "L" STREETS - Kathy Olsen, Rice School PTA, 472 Hilltop Drive, Chula Vista, CA 92010 This request was referred to the staff and to the Safety Commission for further analysis. MSUC (Malcolm/McCandliss) refer to staff and Safety Commission. d. REQUEST TO PRESERVE BOYS CLUB AT FIFTH AND "I" STREETS - Howard L. Stewart 696 Ash Street, Chula Vista, CA 92010 The recommendation was to receive and acknowledge the letter noting same will be taken under advisement when making a determination ~n this case. Mr. Stewart will be notified as to the outcome of any hearings pursuant to his request. Minutes 3 - February 17, 1987 MSUC (Malcolm/McCandliss) to acknowledge letter and advise ~4r. Stewart of the hearings. e. REQUEST FOR PRESENTATION AT MARCH 17 MEETING REGARDING RACING PIGEONS - Mr. Richard W. Nowicki, 1573 Woodlark Street, Chula Vista, CA 92011 This request was addressed at a previous Council meeting at which r4r. Nowicki was not present. Council's action was not to reconsider this matter. MSUC (Malcolm/McCandliss) no reconsideration, file. f. REQUEST TO SUPPORT LEGISLATION INCREASING SURCHARGES ON CERTAIN FINES Supervisor Brian P. Bilbray, First District, 1600 Pacific Highway, Room 335, San Diego, CA 92101 The request was referred to the Legislative Committee for recommendation. MSUC (Malcolm/McCandliss) referred to the Legislative Committee. 4. RESOLUTION 12905 APPROVING APPOINTMENT OF BROKER OF RECORD FOR LONG TERM DISABILITY (L.T.D.) INSURANCE (Director of Personnel) In November 1986, the City issued the Request for Proposal (R.F.P.). A total of twenty-three R.F.P.'S were mailed directly to brokerage firms that handle L.T.D. insurance, eleven of which are located in Chula Vista. The City provides L.T.D. coverage to employees represented by the Chula Vista Employees Association (C.V.E.A.), Western Council of Engineers (W.C.E.), and employees in the Executive, Mid-Management and Unclassified groups. L.T.D. coverage, currently purchased through Standard Insurance Co., provides income continuation to employees who become totally disabled. The benefit extends to age 65, provided certain criteria are met. The original Broker of Record who assisted in the purchase of L.T.D. in 1973 has since retired and has had little or no involvement with the City for some years. 5. RESOLUTION 12906 ACCEPTING PUBLIC IMPROVEMENTS IN THAT CERTAIN SUBDIVISION KNOWN AND DESIGNATED AS BONITA LONG CANYON ESTATES, UNIT 1 (Director of Public Works/City Engineer) Bonita Long Canyon Estates Unit No. 1 is located generally east of Otay Lakes Road and north of East "H" Street. Minutes 4 February 17, 1987 Final inspections Of the public improvements in this subdivision were held on October 23, 1986 and November 3, 1986 and a letter of deficiencies was prepared dated November 29, 1986. Another final inspection was performed on December 31, 1986, and all work was found to be completed in accordance with the approved plans and to the satisfaction of the City Engineer. 6. ORDINANCE 2192 AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE DEALING WITH MEETINGS TIME AND PLACE SECOND READING AND ADOPTION (City Attorney) This amendment places the Council policy of cancelling meetings during the week of Christmas, New Year's, the last week of June, and the first week of July into the City Code. The ordinance was placed on first reading at the meeting of February 10, 1987. 7. ORDINANCE 2193 REPEALING CERTAIN PORTIONS OF SECTION 19.12.110 OF THE CHULA VISTA ~UNICIPAL CODE WHICH REQUIRE A CITY COUNCIL OVERRIDE OF A PLANNING COMMISSION DENIAL TO FIRST BE REFERRED BACK TO THE PLANNING COMMISSION FOR REPORT AND RECOMMENDATION SECOND READING AND ADOPTION (Director of Planning) This provision was originally intended to give the Planning Commission an opportunity to consider conditions or other recommendations which might be appropriate in the instance where a denial recommendation by them is overridden by the City Council. Since this requirement has been cumbersome and not particularly effective toward improving or changing any particular Commission or Council action, it is being repealed. The ordinance was placed on first reading at the meeting of FeDruary 10, 1987. 8. ORDINANCE 2194 ADDING SECTIONS 19.60.385 AND 19.70.016 TO THE CHULA VISTA MUNICIPAL CODE TO PERMIT OFF-PREMISE TEMPORARY REAL ESTATE OPEN HOUSE SIGNS IN RESIDENTIAL ZONES - SECOND READING AND ADOPTION (Director of Planning) The amendment to the Zoning Ordinance allows off-premise temporary real estate open house signs in residential zones subject to certain stipulations. The ordinance was placed on first reading at the meeting of February 10, 1987. END OF CONSENT CALENDAR Minutes 5 February 17, 1987 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 9. PUBLIC HEARING TO CONSIDER REQUEST FOR DEFERRAL OF UNDERGROUNDING OVERHEAD ELECTRICAL FACILITIES ALONG THE EAST SIDE OF OTAY LAKES ROAD (Director of Public Works/City Engineer) This being the time and place as advertised, Mayor pro Tempore Moore declared the public hearing open. Director of Public Works/City Engineer Lippitt explained that on March 25, 1986, Tentative Parcel Map Number 86-11 was approved by the City. That Tentative Parcel Map had been prepared for McMillin Development Inc. as a first step toward the creation of a separate parcel of land from Bonita Long Canyon Unit No. 2. This new parcel is intended for use as a church site. One of the conditions of approval for said map required the undergrounding of all future and presently existing overhead facilities. The owner has requested a deferral of the undergrounding requirements. It was staff's opinion that a deferral in this case will not be detrimental to the health, safety or general welfare of the public and recommended this deferral be approved with the condition that the applicant (owner) agree to waive the right to protest the formation of any future undergrounding district and enter into a deferral agreement to underground the 12 KV lines at the time the undergrounding district is formed. The agreement will require security in the form of a lien or cash deposit. Councilman Malcolm expressed his concern with the timeframe on this particular deferral suggesting that it be perhaps a three year period of time. He questioned the City's position if the bond does not have enough money can the City require the developer to pay the entire cost of the project. City Attorney Harron indicated this could be put into the agreement adding that if the bonds are not sufficient, it does not relieve the applicant of his duty to pay for the entire cost of the improvements when they are called in. Mr. Ed Elliott, 2727 Hoover Avenue, National City CA 92050, representing McMillin Development Company, stated that because of all the angle points it was a complex item. In the future, there will be a formation of an undergrounding district and that would be the logical time to put in the undergrounding as the assessment could be spread among the property owners at that time. The applicant has no objection to stating that they will not protest any assessment district in the future. There being no further testimony either for or against, the public hearing was closed. Minutes 6 - February 17, 1987 Councilwoman McCandliss referred to the letter from SDG&E stating that they wanted to do it as an overall program. She would like to tie the undergrounding to the development of the overall area instead of the time period of three years. Director of Public Works Lippitt explained the purpose of an undergrounding district noting that the City has the power to require properties along the line to connect to the main line, therefore; in that sense, it is not an assessment district. It merely tells SDG&E to underground the utilities and this undergrounding comes out of the allotment the utility company gives to the City. In response to Council's question, Mr. Elliott stated that the whole program is tied into the widening of Otay Lakes Road. He added that the 3-year limitation was agreeable and that the total cost of the undergrounding will be approximately ~3 million to underground all of the 12KV lines. Councilwoman McCandliss noted that in the past the City had problems with the bond~ it was questionable as to whether or not the bonds could be renewed. She added she could support the 3-year period of time with the condition that Council review the bond situation at that time. MSUC (Malcolm/Moore) to defer the undergrounding for 3 years or to the undergrounding district, whichever comes first. MSUC (Moore/McCandliss) to accept the staff recommendation that the deferral be approved with the condition that the applicant agree to waive the right to protest the formation of any future undergrounding district and to enter into a deferral agreement to underground the 12KV lines at the time the underground district is formed. The agreement will be in the form for a lien or cash deposit. 10. PUBLIC HEARING CONSIDERING THE REQUEST FOR A WAIVER OF UNDERGROUNDING REQUIREMENTS FOR ORANGE TREE MOBILEHOME PARK (Director of Public Works/City Engineer) RESOLUTION APPROVING A DEFERRAL OF UNDERGROUNDING REQUIREMENTS FOR ORANGE TREE MOBILEHOME PARK This being the time and place as advertised, Mayor pro Tempore Moore declared the public hearing open. Director of Public Works/City Engineer Lippitt stated that the Acquisition Association for Orange Tree Mobile Homeowners, Inc. recently filed a tentative map to subdivide the Orange Tree MoOile Home Park. One of the conditions of approval of that tentative map is to underground all existing overhead utilities onsite. Minutes 7 February 17, 1987 The Association has applied for a waiver of the conversion requirement. Based on staff's findings, it was concluded that the criteria set forth in the City Code are met: 1. That the conversion would create a hardship on the space owners within the park. 2. The deferral or waiver would not be detrimental to the health, safety or general welfare of the public. The recommendation was that the Council grant a deferral rather than a waiver of the conversion requirements. A waiver would give the owners license to never pay for conversion even if a district was to be formed in the future. If a deferral or waiver is granted, it should be subject to the condition that the owners enter into an agreement waiving their right to protest the formation of an undergrounding district. Mr. David Sommers, 7970 Co~]voy Court, San Diego, CA 92111, from Continental Associates, representing the Orange Tree Mobilehome Park tenants, spoke in support of a waiver although they have no objections to the deferral. He added that he cannot see any reason why the City would require an assessment district for the interior undergrounding of this park since there is no health or safety problem associated with it. Mr. Ed Lopez, representing the Villa De Anita Homeowners Association of 112 tenants, located adjacent to the Orange Tree Mobilehome Park, referred to their letter submitted to Council dated February 12 stating they paid to have their undergrounding put in and can see no reason to exempt the Orange Tree Mobilehome Park tenants from doing the same. Their request is that the lines be undergrounded. There being no further testimony either for or against, the public hearing was closed. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent. Councilman Malcolm asked that a waiver be granted rather than the deferral indicating that he did not like the idea of "hanging the deferral over the heads" of the Orange Tree Mobilehome Park tenants. If some other land use was being done in that area, they would have to come in and apply for the undergrounding. Director Lippitt indicated that staff was looking at the burden of process from the City's viewpoint. It makes no difference to staff whether it iS a deferral or a waiver. Minutes - 8 - February 17, 1987 City Attorney Harron referred to the last paragraph of the resolution "...BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve the deferral of undergrounding requirements for Orange Tree Mobile Home Park." He stated this could be changed since it does not indicate that the owners would not protest the establishment of the district. Council can call it a deferral subject to a call on the change or the land use. MSUC (Malcolm/Moore) to direct staff to bring back a resolution modifying the last paragraph of the resolution as stated Dy the City Attorney. 11. ORAL COMMUNICATIONS None. PULLED ITEMS a. CONCERN REGARDING STATE FUNDING APPROACH FOR AIDS - Lance C. Clem, Community Relations Coordinator, S.D. AIDS PROJECT, P.O. Box 89049, San Diego CA 92138 This was a communication from the San Diego AIDS Project expressing concern regarding the details of a statewide formula of funding goals that affects the S.D. AIDS Project. The City Manager advised the Council that unless they desire staff to contact the State to determine what the "other side of the story" may be and recommend a position for the City to take, they should acknowledge and file this letter. Councilwoman McCandliss commented that AIDS is such a problem that there are a variety of areas which need to be addressed. She questioned the equity of the formula for the funds for San Diego County as a whole and would like to see staff contact either the County's AIDS Project or the State and find out how the overall equity of the formula was devised. MSUC (McCandliss/Nader) to ask 'staff to contact the State and check the equity funding for the other counties and also to comment on the letter that was received by Council. 12. REPORT OF THE CITY MANAGER a. City Manager Goss reported on the strike at Rohr Industries in Chula Vista, indicating that to date there have been no major incidents, no injuries and no arrests. b. The City Manager referred to the informational item to Council on proposed dates for Community Forums stating that it has come to his attention that there are a number of other meetings in March and perhaps Council would like to have the Community Forum spread over a longer period of time. He stated it is his intent to come back with other proposed dates. Minutes 9 February 17, 1987 13. MAYOR'S REPORT None. 14. COUNCIL COMMENTS a. Mayor pro Tempore Moore stated the 75th Diamond Anniversary Committee presented the City with a 20 inch medallion. The suggestion is that it be located at the new Interpretire Center. MS (Moore/Malcolm) for staff to review the location to display the king size medallion that the Committee has presented to the City to be located at the Interpretire Center. Councilman Malcolm said he would like to see the medallion displayed similar to that of the America's Cup at different locations throughout the City; at the Library, Norman Park Center, Lauderbach Center, etc. Mayor pro Tempore Moore withdrew his motion. Councilman Malcolm withdrew his second. Councilwoman McCandliss suggested the Council's sub-committee meet and decide on a location. They should also be considering the time capsule. b. Mayor pro Tempore Moore stated that the Business Salutes Fair Committee met and discussed the backboards to their booths. The plywoods, in some instances, are quite beat up and it will take time and money to repair them. MSUC (Moore/Malcolm) for staff to review the potential of revising the method of mounting (the backboards) the Committee is thinking of and if there is a cost to replace the plywood, where the funds should come from. c. Mayor pro Tempore Moore discussed the Chula Vista Shopping Center and sales tax. He felt that the City residents should be informed of the importance of sales tax, its the percentage of the total budget - and how it relates it to the Chula Vista Shopping Center. The residents should be informed as to how much of that money relates to the everyday expenditures of the City such as for chip seal, Police officers, etc. Discussion ensued regarding the fact that this information will be presented to the public at the time of the public hearings; a fact sheet or graphic information should be presented which would be easy to read and understand; suggestion that there be an artist's conception of what the area (Chula Vista Shopping Center) would look like if nothing is done there; concern that the Council may be trying to do something to promote the shopping center at this point prior to any public hearings; informational items could be put out with the trash bills that are mailed to the residents but not a separate promotional item which may be perceived as somehow reflective of the Chula Vista Shopping Center. Minutes 10 - February 17, 1987 City Manager Goss noted that sales tax information articles have been printed in the Star News and the Chula Vista Quarterly. He suggested that perhaps there could be running stories in every Chula Vista Quarterly pertaining to the sales tax. MSUC (Moore/Malcolm) to direct the City Manager to prepare the basic information as it pertains to the sales tax and how it relates to the property tax of the City and what sales tax of the Chula Vista Shopping Center is in a percentage of the overall sales tax, and what this means as to where the money is spent that people can relate to within the community each year. Mayor pro Tempore Moore added that the deadline for getting out this flyer be 2-3 weeks. Councilwoman McCandliss noted that the Council will be given a proof of everything prior to any distribution. If there is a problem, they can deal with it at that time. She added that she would like to continue on the direction the Council is now proceeding rather than the motion because it seems to be opposite of what they are looking for. The motion to direct the City Manager to bring back an informational sheet carried unanimously. d. Councilwoman McCandliss questioned whether people writing letters to Council (written communication) are given the staff's recommendation. The City Clerk stated that for the most part, the City Manager's recommendations to Council are not received in time for the Friday afternoon mailing. Councilwoman McCandliss stated that perhaps, in that case, a statement could be put in notifying the writers that they could call the City Clerk on Monday morning for the recommendation. City Manager Goss stated that there are many times written communications come in on Fridays and staff needs to take a look at it. He will however, review this situation. e. Councilman Malcolm questioned when the signalization is going in at "H"/I-805. Director of Public Works/City Engineer Lippitt stated that it is scheduled to go in in March; however, staff still has not received the permit from CalTrans. Minutes - 11 - February 17, 1987 Councilman Malcolm asked that the City Manager take note of the fact that vehicles are backed up all the way onto the freeway which is a very bad situation. City Manager Goss stated that he is aware of this and is planning to use the Police Officers or Reserves in the interim period of time to direct the flow of the traffic at peak times. f. Councilman Malcolm noted that he will be discussing the Homart Development issue at the joint meeting of the City Council/Redevelopment Agency on February 19, 1987 at 4 p.m.. Closed SessiOn at 8:35 p.m. The City Clerk artended the Personnel section of the Closed Session and was excused. The City Manager reported that the Closed Session ended at 10:05 p.m. ADJOURNMENT AT 10:05 p.m. to the meeting of February 19, 1987 at 4 p.m. and February 24~ 1987 at 7 p.m. ,~nnie . Fulasz, ~M M City Clerk 0963C