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HomeMy WebLinkAboutcc min 1983/11/22 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, November 22, 1983 Council Chamber 7:00 p.m. Public Services Building ROLL CALL Councilmembers present: Mayor Cox, Councilmembers Scott, Moore, McCandliss, Malcolm Councilmembers absent: None Staff present: City Manager Goss, City Attorney Harron, Assistant City Manager Asmus PLEDGE OF ALLEGIANCE, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVAL OF THE MINUTES OF NOVEMBER lO, 1983 MSUC (McCandliss/Cox) to approve the minutes. 2. SPECIAL ORDERS OF THE DAY Mayor Pat Callahan, City of Coronado, requested Council to direct their representative on the Port District to take favorable action concerning Coronado's request to the San Diego Unified Port District Commissioner for resubmission to the Coastal Commission of Coronado's Port Master Plan Amendment for Planning District 6 (Coronado Bayfront). MSUC (Cox/Scott) to consider the request of Mayor Callahan as a unanimous consent item. RESOLUTION 11461 EXPRESSING THE SUPPORT OF THE SAN DIEGO UNIFIED PORT DISTRICT PLAN AMENDMENT FOR PLANNING DISTRICT "C" (CORONADO BAYFRONT) URGING ITS RESUBMITTAL RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. Councilman Scott expressed his concern with considering this item prior to discussing it with Chula Vista's Port Commissioner. He voted in favor of the resolution because of the time element. City Council Meeting - 2 - November 22, 1983 3. WRITTEN COMMUNICATIONS a. CLAIMS AGAINST THE CITY Dean Stillwell 815 Stanford Avenue Chula Vista, CA 92010 A claim was filed in the amount of $110,O00 for general damages, medical expenses, and property damage which resulted when he was struck by a car while riding his motorcycle at the Bonita Vista High School parking lot. Carl Warren and Company and the risk management staff recommended Council reject this claim. T & D Transfer & Storage 1822 Main Street San Diego, CA 92113 A claim was filed in the amount of ~14,087. The claim alleges that a City tree limb knocked the exhaust off of the trailer rig and put holes in the trailer and eleven days later, while carrying cargo from Oceanside to San Diego, the trailer and all of its contents caught fire. Carl Warren and Company and the risk management staff recommended this claim be rejected by Council. MSUC (Malcolm/Moore) to deny the claims. b. REQUEST RESUBMITTAL OF THEIR SETTLEMENT PROPOSAL (Outdoor Advertising) (Gannett Outdoor Co., Inc.) Gannett Outdoor Co., Inc., and Foster and Kleiser requested resubmission of their settlement proposal. Since the present MTDB rail alignment will move some 1,000 feet east of the existing roadbed at a point about 850 feet north of "E" Street, their proposal will be for two painted bulletins north of "E" Street and one painted bulletin just south of "H" Street. As an inducement to the City, the Industry will make one face of the three structures available for the City's use for a maximum of six months per year and further City use if a fourth location is approved by the State of California Outdoor Advertising Division. MSUC (Moore/McCandliss) to refer this item to staff to be brought back at the December 6, 1983 meeting. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 4. PUBLIC HEARING CONSIDERATION OF PROPOSED AMENDMENTS TO TITLE 19 OF THE MUNICIPAL CODE TO ALLOW ACCESSORY DWELLING UNITS BY CONDITIONAL USE PERMIT WITHIN SINGLE FAMILY RESIDENTIAL ZONES (Director of Planning) City Council Meeting - 3 - November 22, 1983 a. ORDINANCE ADDING SECTION 19.04.087, AMENDING SECTIONS 19.14.030A, 19.22.040, 19.24.040, AND 19.62.050, SUBSECTION 9, OF TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE TO ALLOW ACCESSORY DWELLING UNITS BY CONDITIONAL USE PERMIT WITHIN SINGLE FAMILY RESIDENTIAL ZONES - FIRST READING This being the time and place as advertised, Mayor Cox opened the public hearing. Director of Planning Gray explained that Council, on September 27, 1983, unanimously endorsed the City's existing "Dwelling Group" zoning ordinance provisions at Chula Vista's local compliance with Senate Bill 1534, and referred an "Accessory Dwelling Unit" ordinance to the Planning Commission for public hearing and recommendatory action. On October 26, 1983, the Planning Commission recommended Council adopt a modified form of the proposed accessory unit ordinance which does not require either an additional off-street parking space or attachment of the accessory unit to the primary dwelling. The staff is recommending the proposed dwelling unit ordinance based on the view that accessory units represent a new and untested approach to affordable housing in California, and one which presents a very real potential to be a disruptive and unwelcome addition to the single family zone. This view holds that a more restrictive, protective ordinance can always be relaxed in the future if experience proves certain requirements to be unnecessary. An additional option open to Council is to reject the accessory unit concept altogether or to defer action until some future date when some practical insight can be gained from the experience of other jurisdictions with this new form of housing. The City is under no obligation to take any further action in regard to SB 1534. In answer to Council's questions, Director Gray noted the cities in the County who have adopted the Granny Flats ordinance and those who have rejected it; the off-street parking requirements; and having the detached units submitted to the Design Review Committee for architectural compatability. Mr. Gray added he is recommending Council delegate that task to the Zoning Administrator with a right of appeal to the Planning Commission and Council Speaking in favor of the ordinance was Dawn Schmid, 538 "J" Street, Larry Granfield, 317 Hilltop Drive, Anne Fabrick, 501-2 Anita Street, Eileen Skelly, 239 Fifth Avenue, Maggie Helton, 162 Mankato Street, and Christine Culver, 191 Corte Maria. Their comments were as follows: (1) the Commission on Aging is in support of the ordinace; (2) have the option of either attached or detached units; (3) this is a way of keeping family units together by having mothers live with the families; (4) the Council has complete control over the ordinance; (5) there are a number of illegal units now existing in the City; (6) questioned the enforcement of the ordinance; (7) by limiting it to "attached units" the present structure of the homes could be destroyed; (8) there should be no extra requirement for ~arking spaces as most residences in the City now have three or four cars; (9 the Homeowner's Association in the Corte Maria area are all in favor of the ordinance. City Council Meeting - 4 November 22, 1983 Speaking against the ordinance were Quay Collicott, 827 Woodlawn Avenue, Bob Norman, 908 Mission Avenue, Henry Kohler, 1547-222 Sonora Drive, and Bess -~ Pocklington, 656 Glover Place. There comments were: (1) it would destroy the residential sections of the City; (2) a recommendation to adopt the planning staff's ordinance rather than the Planning Commission; (3) it would tax the utility services and cut down on tax services; (4) other people than seniors could be living in the units; (5) off-street parking should definitely be required; (6) it will become just another rental unit; (7) people of any age will be able to live in these units, not only "Grannys"; (8) the Council already has a group dwelling ordinance; (9) the present ordinance is not a viable one; (10) the number of people living in the units cannot be controlled. There being no further comment either for or against, the hearing was declared closed. Mayor Cox questioned whether the conditional use permits would come before the Council for action. Director Gray said it was not proposed in the ordinance. The staff is recommending this be handled by the Zoning Administrator. Council discussion ensued regarding the violations to the ordinance; the permits will be numbered and monitored and annual inspections would be made; the ordinance would provide for an annual certification by the property owner that he or she is complying with the conditional use permit; the decision of the Zoning Administrator can be appealed to the Planning Commission and Council; there is a cost involved to the applicant; problems with enforcing the ordinance as to the age requirement and the number of people living in the unit; the State Realty Board has expressed its concerns regarding the enforcement of the ordinance; a great num er of R-1 zones in the City now have CC&R's that prohibit this type of construction. Councilman Malcolm indicated his concern with the enforcement of the regulations of the ordinance noting that although the family structure is one of the most important assets today he cannot support this particular ordinance; indicating it would have a detrimental effect on Chula Vista. Councilman Moore agreed noting once the home is sold one year after the death of the parent there is a question of whether it would become a rental or have to be deleted. Councilwoman McCandliss noted the way the system is now s~t up in the City it cannot offer the protection to the people who are p~the ordinance. If there was further control such as limiting the number of units to one per lot or one per acre in order to mitigate the impact of the neighborhood she could support this. However, this is not one the City can experiment with. Councilwoman McCandliss added the applications should be coming to the Council rather than the Zoning Administrator. MS (Scott/Moore) not to pass the Granny Flats ordinance and that the City stays as it unanimously voted on it September. Also to bring this back in one year to have additional time to see how other communities are handling it and to get more background information. City Council Meeting _ 5 _ November 22, 1983 Councilman Moore questioned the time element of one year indicating it would not make that much difference in the program. Councilman Malcolm commented that he hoped the people asking for passage of the ordinance would talk to their legislators to see if some State law can be passed regarding the age factor and the number of people who could live in these units. If there are those adequate controls, then he would be in a better position to support it. Councilman Moore noted when a person sells their home with the unit attached and a new homeowner comes, he will probably rent it. A change in ownership will change the usage of those units. The motion not to pass the ordinance carried with Councilman Moore voting "no". 5. PUBLIC HEARING AMENDMENT TO THE BONITA GLEN SPECIFIC PLAN SIGN REGULATIONS (Director of Planning) a. RESOLUTION 11462 APPROVING AMENDMENT TO THE BONITA GLEN SPECIFIC PLAN SIGN REGULATIONS This being the time and place as advertised, Mayor Cox opened the public hearing. Principal Planner Lee reported that this item involves a proposed amendment to the Bonita Glen Specific Plan sign regulations by including the Planned Signing Program provisions of the Municipal Code as part of the Specific Plan. The project is exempt from environmental review as a Class ll(a) exemption. On October 26, 1983, the Planning Commission unanimously recommended the adoption of the amendment to the sign regulations in accordance with their Resolution PCM-84-5. The Director of Planning reports since the Planned Signing Program is a voluntary and optional procedure and does not permit deviations from the basic sign regulations, it offers flexibility to the design-conscious developer. It is not a "give away" procedure and can sometimes be more restrictive, but it does allow creativity in design and innovative use of signs. For these reasons, the staff supports an amendment incorporating the Planned Signing Program provision into the Specific Plan text. Mr. Lee further commented on the Planning Commission's recommendation that the Council does not adopt the staff recommendation, but instead adopt a resolution establishing a procedure to forward Planning Commission action on all conditional use permits to the City Council which shall have the option of holding a public hearing on the matter. There being no comments either for or against, the hearing was declared closed. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent. City Council Meeting 6 _ November 22, 1983 In answer to Councilman Scott's query, Principal Planner Lee declared the ordinance does not make the sign regulations any more or less lenient than presently existing, it just provides another option. The resolution passed with the following vote to wit: AYES Cox, Malcolm, Moore, McCandliss NOES Scott ABSENT None 6. PUBLIC HEARING CONSIDERATION OF PROPOSED AMENDMENT TO CHAPTER 19.54 REQUIRING CITY COUNCIL APPROVAL OF UNCLASSIFIED USES (Director of Planning) a. ORDINANCE 2054 AMENDING SECTION 19.54.020 OF CHAPTER 19.54 OF THE CHULA VISTA MUNICIPAL CODE REQUIRING CITY COUNCIL APPROVAL OF UNCLASSIFIED USES - FIRST READING This being the time and place as advertised, Mayor Cox opened the public hearing. Principal Planner Lee explained that on September 27, 1983, the City Council directed the staff to prepare an amendment to Chapter 19.54, Unclassified Uses, which would require City Council approval for those uses which have a Citywide impact or involve hazardous materials. The proposed amendment is not a project as defined by CEQA. On October 26. 1983, the Planning Commission recommended Council not to adopt the staff recommendation, but instead adopt a resolution establishing a procedure to forward Planning Commission action on all conditional use permits to the City Council which shall have the option of holding a public hearing on the matter. The staff's recommendation provides for Council action on all unclassified conditional use permits approved by the Planning Commission. In answer to Councils questions, Principal Planner Lee noted the City of National City requires Planning Commission approval of these uses; however, it refers all applications to the City Council who have the option of appealing the matter to themselves within a given period of time. If it is not appealed then the decision of that Planning Commission becomes final. Council discussion followed regarding the various types of uses; the appeal process; time element in going to the Council and the cost in going to the applicant; notification to the people involved; the requirement for the 4/5's vote of the Council to override a Planning Commission decision; and the suggestion to defer this matter until the Booz/Allen/Hamilton report is reviewed; the number of uses listed that have come before the Planning Commission in the last five years. City Council Meeting _ 7 November 22, 1983 Larry McKenna, 1347 Mt. View Lane, speaking for the Citizen's Action network questioned having hazardous waste and toxic materials come to the Council. He asked that the amendment include the provision for the unclassified uses covering the hazardous materials. Principal Planner Lee explained that the land uses involved in hazardous waste materials are uses that pose a hazardous potential, are classified presently as heavy industrial uses and are permitted only in the "I" General Industrial Zone subject to an approval of a conditional use permit by the Planning Commission. There being no further comments either for or against, the hearing was declared closed. MSUC (Scott/Malcolm) to accept the staff recommendation and place the ordinance on its first reading, the reading of the text was waived by unanimous consent, passed and approved unanimously. In answer to the Council's query, Principal Planner Lee stated that any application involving hazardous waste materials would automatically be forwarded to the City Council. 7. PUBLIC HEARING CONSIDERATION OF PRESENT UTILITY USERS TAX RATES (Director of Finance) This being the time and place as advertised, Mayor Cox opened the public hearing. Director of Finance Grant reported that City Ordinance 1803 was approved and adopted by the City Council on June 29, 1978, requires the Council to review the Utility User's tax rate mid-year and also at the public hearing adopting the annual budget. The Director of Finance reported the purpose and intent of Ordinance 1803 is to provide sufficient utility user's taxes to ensure a reasonable level of revenue for the necessary operation of the City. Additionally, the City Council wishes to retain the program of basing the taxation of gas and electricity on units of energy thus protecting taxpayers from increases in the tax brought about by rate increases granted by the Public Utilities Commission. Based on his analysis, he is recommending Council maintain the present rate. Mr. Grant stated the estimated Utility Users Taxes for the Fiscal Year 1982-83 were $1,450,000. The actual collections were ~1,444,029 or 99.5% of the estimate. The budget estimate for 1983-84 is $1,520,000 based on the present tax rates on telephone of 5% and consumption factors of .0025 for electricity and .00919 for gas. Mr. Grant added that the divestiture of the telephone operations on January l, 1984 will have an impact on the utility users monthly tax payments from Pacific Telephone and Telegraph. It is estimated the monthly payments will drop approximately $4,000 per month, however, the decrease would be offset by the new companies that would be operating the system and the proposed rate increase. City Council Meeting 8 _ November 22, 1983 In answer to Council's query, Mr. Grant explained that senior citizen rebates would currently stay at $12 per year for each eligible household. Further, the Chamber of Commerce has not been able to develop any feasible method to determine the high energy extensive users who might qualify. There being no further comments either for or against, the hearing was declared closed. MSC (Scott/Moore) to accept the staff recommendation and maintain the rate (Councilman Malcolm was absent from the dais at this time). ORAL COMMUNICATIONS a. Quay Collicott, 827 Woodlawn Avenue, Chula Vista, questioned when the staff study would be coming back to the Council on the regulation to prohibit customers opening containers in stores. Assistant City Manager Asmus stated he will have a report to the Council on December 6. CONSENT CALENDAR(Items 9-12) MSUC (Cox/McCandliss) to accept and approve the Consent Calendar. (Councilman Malcolm was absent from the dais at this time). All matters listed under Consent Calendar are considered to be routine by the Council and will all be enacted by one motion in the form listed below. There will be no separate discussion of said items unless good cause is shown prior to the time the Council votes on the motion to adopt. 9. RESOLUTION 11463 CALLING FOR SOLUTIONS TO THE UNITED STATES/MEXICAN BORDER SEWER CONTAMINATION (Director of Public Safety) The Unified San Diego County Emergency Services Organization, on behalf of the Unified Disaster Council, requested Chula Vista to join other member cities in calling for solutions to the serious sewage contamination occurring in the South Bay. This contamination flows from areas south of the U.S. Mexican border affecting the health and economic well-being of the South Bay region. 10. RESOLUTION 11464 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL CITY FOR USE OF CHULA VISTA ANIMAL SHELTER SERVICES (Director of Public Safety) The agreement with National City to provide Chula Vista animal shelter services expired on June 30, 1983. Since any increase in charges for these services was to be based upon salary increases approved for shelter employees, renewal of the agreement for another year was delayed pending salary negotiations. Services were provided in the interim, subject to the renegotiated fee schedule. The shelter employees received a 4.9% pay increase and a 1% Public Employees Retirement System contribution by the City. Accordingly, it was proposed the present ~1,300 monthly fee be increased by 5.9% to $1,377, retroactive to July l, 1983. City Council Meeting 9 _ November 22~ 1983 ll. RESOLUTION 11465 ACCEPTING BIDS AND AWARDING CONTRACT FOR OVERLAY OF CLAIRE AVENUE FROM SHASTA STREET TO "I" STREET AND STORM DRAIN IMPROVEMENTS IN THE CITY OF CHULA VISTA (City Engineer) On November 9, 1983, the City Engineer received the bids for the work to be done which consists of the placement of pavement overlay and installation of storm drain facilities. The recommendation is that Council authorize the expenditure of ~34,200 for Pavement Overlay, Claire Avenue from "I" Street to Mankato and approve resolution accepting bids and awarding contract to A-C Co., Inc. San Diego in the amount of $32,032.36 (low bidder). 12. RESOLUTION 11466 ESTABLISHING THE DATE FOR THE REMOVAL OF POLES AND OVERHEAD FACILITIES WITHIN UNDERGROUND UTILITY DISTRICT NO. ll5 ALONG "L" STREET FROM COLORADO AVENUE TO BROADWAY (City Engineer) City Council on September 27, 1983, by Resolution No. 11392, established the underground utility district on "L" Street from Colorado Avenue to Broadway in accordance with Section 15.32.150 of the Chula Vista Municipal Code. City Council Resolution No. 11392 states that the City Council shall by subsequent resolution fix the date on which the poles, overhead wires and associated structures are to be removed. The recommendation is that Council set April l, 1984, as the date for poles, overhead wires, and associated structures to be removed within Underground Utility District No. 115 on "L" Street from Colorado Avenue to Broadway. End of Consent Calendar RESOLUTIONS AND ORDINANCES, FIRST READING 13. RESOLUTION 11467 APPROVING CHANGE ORDER FOR THE TOWN CENTRE PARKING STRUCTURE (Director of Building and Housing) On December 21, 1982, the Redevelopment Agency awarded a contract to C. E. Wylie Construction Company in the amount of $2,468,000 to construct the Town Centre Parking Structure. As a result of the bond issue to underwrite the construction, the City Council took over the responsibility to oversee the parking structure construction and subsequent use. Now the structure is being built and there are several changes that are determined necessary to the ultimate goal of a well-structured facility. The recommendation is that Council approve the Change Orders 17, 18, 20, and 22 in the amount of 313,888. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent passed and approved with Councilmen Scott and Malcolm being absent from the dais. City Council Meeting _10 _ November 22, 1983 MSUC (Moore/McCandliss) to refer this item to the City Attorney for potential liability of claim (Councilman Scott was absent from the dais). 14. RESOLUTION 11468 ACCEPTING BIDS AND AWARDING CONTRACT FOR RENOVATION OF PARKWAY GYM AND POOL, AND APPROPRIATING FUNDS THEREFOR (City Engineer/Director of Parks and Recreation) On October 5, 1983, the City Engineer received sealed bids for the contract which consists of extensive renovation for the pool and gym. The recommendation is that Council authorize the: (1) Transfer from the established and approved Capital Improvement accounts to the Renovation of Parkway Gym and Pool account ($122,689.20). (2) Appropriation of the $152,533.77 from the unappropriated balance in Park Acquisition and Development funds to the Renovation of Parkway Gym and Pool account. (3) Appropriation of $50,161.03 from the unappropriated balance in Residential Construction Tax to the Renovation of Parkway Gym and Pool account. (4) Acceptance of all bids and award of contract to low bidder, O'Neill and Perry Construction Co., Chula Vista, in the amount of $295,804 and approve expenditures of $325,384 which includes a 10% contingency. Councilman Malcolm questioned having only two bidders on this item and suggested perhaps the staff rebid the item noting when this was done previously on another item the response was excellent. City Engineer Lippitt explained that 13% over the architect's estimate is a good bid as considered by both the architect and the Director of Building and Housing. He felt nothing would be gained by readvertising the project. Councilman Moore expressed his concern regarding the figures in cost estimates as listed in the staff report stating they were quite confusing. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, reading of the text was waived by unanimous consent, passed and approved with Councilman Malcolm voting "~0" · MSUC (McCandliss/Moore) to refer to budget time for discussion of the idea of having identification cards for residents who use the gymnasium. 15a. REPORT 1983 CHRISTMAS TREE LIGHTING CEREMONY (Director of Parks and Recreation) b. RESOLUTION 11469 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND UNION ICE COMPANY TO PROVIDE SNOW AND HOLDING UNION ICE COMPANY HARMLESS City Council Meeting -11 - November 22, 1983 The City will conduct its annual Christmas Tree Lighting Ceremony in the Civic Center Plaza at 7:00 p.m., Thursday, December 8, 1983. The recommendation is to approve the agreement with Union Ice for the snow. MSUC (Moore/Malcolm) to accept the report. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. (Councilwoman McCandliss was absent from the Dais at this time). 16a. REPORT PROPOSED OPEN SPACE MAINTENANCE DISTRICT NO. ll, HIDDEN VISTA VILLAGE (Terra Nova)(City Engineer) 16b. RESOLUTION 11470 APPROVING PRELIMINARY REPORT AND DECLARING INTENTION TO FORM OPEN SPACE MAINTENANCE DISTRICT NO. ll The report provides the necessary background information to enable Council to initiate formation of an Open Space Maintenance District within Hidden Vista Village. It is contemplated that the open space areas adjacent to the condominium developments within Hidden Vista Village will be maintained by their respective Homeowners Association. Specific issues examined in the report are the requirement for the proposed district and conformance by the petitioner with the criteria contained in the Municipal Code for establishing Open Space Maintenance Districts. The recommendation is that Council: (1) Declare the Council's intention to form the proposed district in accordance with Section 17.08.160 of the Municipal Code. (2) Set December 13, 1983, at 7:00 p.m. in the Council Chambers as the date and time for a public hearing to consider the proposed formation of Open Space Maintenance District No. ll. (3) Direct the City Clerk to advertise the public hearing and mail notices of the hearing to affected persons. Councilman Moore noted some time ago the Council directed staff to meet with the Homeowner's Association prior to the beginning of these projects and questioned why staff has not done this in this case. MS (Moore/McCandliss) to refer this back to staff to obtain the input such as this and resubmit. Mayor Cox noted the action before the Council tonight is just to set the matter for a public hearing on December 13. He expressed concern regarding the time elements. Councilman Moore indicated he would accept a staff report on the 13th. City Council Meeting _ 12 _ November 22, 1983 Ken Baumgartner, representing McMillan Construction Company, 2727 Hoover Avenue, National City, asked the Council to include the following areas, Lots ._~ "S", "T", and Parcel 3 of Parcel Map 12836. City Engineer Lippitt stated the Council has a revised ordinance and these areas have been included in both the ordianance and the public hearing notification. Mr. Baumgartner added McMillan Company has been working since April with the City's landscape architect on the type of landscaping in this area so the City will take over the eventual maintenance. h h received excellent cooperation from City T ey ave staff. MSUC {McCandliss/Malcolm} to accept the recommendations of the report. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 17a. RESOLUTION 11471 WAIVING BIDDING PROCEDURE FOR SALE OF CITY PROPERTY {City Engineer) b. RESOLUTION 11472 ACCEPTING OFFER OF SALE OF CITY OWNED PROPERTY TO FINANCIAL SCENE When the final map for Hidden Vista Village was approved, the City acquired ownership of Lot 319 of that subdivision for use as a site for relocation of Fire Station No. 2. Subsequently, use of that site was abandoned in favor of a location with better access and less potential for disturbing neighbors. The recommendation is that Council: (1) Waive the City Code requirement to follow the bidding procedure for sale of these lots on the basis of special circumstances as listed herein. {2) Accept the offer of $35,000 per lot and sell the subject lots to Financial Scene for development along with adjacent property. RESOLUTIONS OFFERED BY MAYOR COX, the readings of the texts were waived by unanimous consent, passed and approved unanimously. Councilman Malcolm commented that the land is worth far more than the offer of $35,000 per lot; however, because the City received the land as a "gift" he has voted for the resolution. 18. RESOLUTION 11473 APPROPRIATING FUNDS FOR THE DESIGN, INSPECTION, AND SOIL TESTS REQUIRED FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS ALONG TELEGRAPH CANYON ROAD ADJACENT TO '. CHULA VISTA ELKS LODGE PROPERTY (City Engineer) At the meeting of July 12, 1983, City Council approved a report outlining those measures which the City would take to assist the Elks Lodge in constructing their public improvements along Telegraph Canyon Road. City Council Meeting _ 13 November 22, 1983 The recommendation is that Council: (1) Appropriate ~8,500 from the unappropriated reserves of the Gas Tax funds and transfer to Account 250-2501-GT169 Telegraph Canyon Road Improvements Adjacent to Elks Lodge. (2) Authorize the City Engineer to engage the services of Shepardson Engineering Associates, Inc. to obtain soil tests. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 19a. RESOLUTION 11474 APPROVING MAP OF CHULA VISTA TRACT 81-5, EUCALYPTUS RIDGE, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GPJ~NTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION (City Engineer) b. RESOLUTION 11475 APPROVING AGREEM~NT BETWEEN THE CITY OF CHULA VISTA AND ADMA, INC. FOR PAYMENT OF A PRO-RATA SHARE OF MAINTENANCE AND OPERATION COSTS OF SEWER PUMP STATION SERVING CHULA VISTA TRACT 81-5 AND HOLDING THE CITY HARMLESS FROM ANY LIABILITY FROM FAILURE OF SAID PUMP STATION Councilman Malcolm questioned Item No. 19b regarding the hold harmless agreement. City Attorney Harron stated that generally the agreements run with the land; however, a clause could be put in referring this to the successors of the land. MSUC (Malcolm/McCandliss) to amend 19b as recommended by the City Attorney. c. RESOLUTION 11476 ACCEPTING GRANTS OF EASEMENTS FROM EL RANCHO DEL REY, A CORPORATION, FOR SEWER AND DRAINAGE PURPOSES d. RESOLUTION 11477 AMENDING CONDITION 9 OF RESOLUTION 10439 CONCERNING PARTICIPATION IN THE RICE CANYON SEWER Councilman Moore questioned the driveways as listed in the subdivision would eventually become public streets and a request would be made to the City to take over its maintenance. City Engineer submitted a rendering of the proposed subdivision showing the private driveways. He noted it was not designed as a street, he noted it was designed as driveways and has not been dedicated to the City. On April 22, 1981, by Resolution 10439, Council approved the Tentative Map for Chula Vista Tract 81-5 Bonita Crest (now Eucalyptus Ridge). The Final Map is now before Council for approval. City Council Meeting _ 14 _ November 22, 1983 The development consists of 60 new condominiums on three lots. Approval of the Final Map includes acceptance of a street tree maintenance easement along East "H" Street and sewer, drainage, access and utility easements within the subdivision. On July 26, 1982, the E1 Rancho Del Rey Corporation executed documents to grant a drainage and sewer easement to the City. These easements are required for offsite public facilities being installed by the developer (ADMA Company). Condition 9 of Resolution 10439 will be revised as follows: "The developer shall contribute toward the construction of Rice Canyon Sewer as determined by the City Engineer prior to issuance of a building permit." RESOLUTIONS OFFERED BY COUNCILMAN MALCOLM, the reading of the texts were waived by unanimous consent, passed and approved unanimously. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 20a. REPORT COX CABLE TV, INC. RATE INCREASE (Director of Finance) b. RESOLUTION 11478 AMENDING RESOLUTION NO. 11220 AND APPROVING RATE INCREASES IN SECONDARY SERVICES FOR COX CABLE TELEVISION, SAN DIEGO (Continued from the meeting of November 15, 1983) Director of Finance expressed concern at the last meeting that the rate study for Cox Cable TV, Inc. did not address the total company operations and was limited in scope to the request for an increase in secondary services only. In the report to Council on November 15, 1983, staff concluded the requested rates for secondary services were appropriate and recommended approval. However, as a result of the additional concern, staff has calculated the impact that the requested increase in secondary services would have had on the rate study completed on April 12, 1983. This has been revised to reflect the full impact of a rate increase on all primary and secondary services, revenues, and expenses. After analysis, staff concluded the requested rates for secondary services seem justified even when included as part of total company operations and recommends approval. Mr. Grant declared when the City of San Diego completed their rate study on all the operations in April, the City did the same. At that time, San Diego County Cable approved the rate increase. Therefore, at that time, Mr. Grant stated he started to zero in on just the secondary services. In referring to a rate schedule chart submitted to the Council, Mr. Grant explained the 5% increase in expenses except for the franchise taxes that are based on revenue. He further explained that the 5% is a reasonable return and it included the secondary services which is still within the ballpark of a rate increase which he can support. City Council Meeting _ 15_ November 22, 1983 In answer to Councilman Scott's question, Mr. Grant stated the City collects no revenues from services such as HBO. Councilwoman McCandliss discussed the rate increase for the 12 month period noting the return on net assets was 4.2% for 12 months basic service increase only going to 4.8% for 12 months full rates - a 5% increase in the expenses. She added that given the rate increase that is anticipated there would be a drop in the revenues. She felt the City was being nickel and dimed on the rate increases and questioned the figures presented in the report. She further questioned the fluctuation in the cable services and the request for the rate increase at this time. Mr. Grant responded that the Cable Company should have asked for the rate increase back in April rather than come back to the Council for the secondary services rate increase now. City Manager Goss in answer to Council's questions, stated the negotiations are now in process with the Cable Company and it may be a matter of about three months before it comes to Council. MS (McCandliss/Scott) not to approve the rate increase. Council discussion on the motion followed with Councilman Moore indicating he could not support the motion. The data from the staff is correct and the rate is one he cannot support. Councilman Moore noted that the Cable company does not have to be regulated. Mayor Cox stated he had the same concerns with the motion, as a public body the Council has the obligation to regulate the service to a certain degree. He added that the reason for deregulation of the Cable service was because most cities are precluding a rate of fair return. Councilwoman McCandliss declared the Council has been given the responsibility to ~regulate the rates; therefore, they have this responsibility to the community. In this particular instance they are dealing with the San Diego City figures which do not allow them to work with units of service. The motion failed by the following vote to wit: AYES: McCandliss, Scott NOES Malcolm, Cox, Moore ABSTAIN: None MS (Cox/Moore) to accept the report. The motion carried with Councilman Scott and Councilwoman McCandliss voting "no". RESOLUTION OFFERED BY MAYOR COX, the reading of text was waived by unanimous consent passed and approved with Councilman Scott and Councilwoman McCandliss voting "no". 21. ORDINANCE 2053 AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING THERETO A NEW SECTION 19.04.013 AND AMENDING SECTION 19.58.040, ALL RELATING TO AMUSEMENT FACILITIES AND GAMES SECOND READING AND ADOPTION (Director of Planning) City Council Meeting - 16- November 22, 1983 On November 15, 1983, the ordinance was placed on first reading. The original ordinance was amended to: (1) Allow children to play during school hours when accompanied by an adult 21 years of age or older; and (2) Definition for "normal school hours". (3) Established regulation of 3 or fewer video game machines. MSUC (McCandliss/Cox) to place the ordinance on second reading and adoption. The reading of the text was waived by unanimous consent passed and approved unanimously. 22. REPORT OF THE CITY MANAGER a. City Manager Goss announced the retirement of Gordon Grant on December 30, 1983. He noted that Mr. Grant has been the Director of Finance for the City since 1949 and wished him well in his retirement. The Council also extended their best wishes to the Director of Finance. b. City Manager Goss noted that the Joint Powers Agreement formation Committee meeting will be held on December 1. It is being requested that at least one Councilmember attend this meeting. Councilman Scott stated he is a delegate to the meeting along with Councilman Malcolm and he will attend the meeting. Councilman Malcolm stated he will try to attend the meeting also. c. City Manager Goss referred to the Council's approval of the Yuletide Parade on November 28, stating the Chamber has an insurance policy for $I million dollars which the staff feels is adequate because there will be no animals in the parade. The Sweetwater Union High School District is cosponsoring the event. City Attorney Harron stated he has no objections to the ~l million dollar insurance; however, in the future he feels it should go up to $5 million dollars. Councilman Malcolm indicated his concerns, stating there is not that much difference in costs and the figure should be raised to $5 million dollars. MSC (Scott/Moore) to approve the $1 million dollar insurance. The motion carried by the following vote: AYES: Scott, Moore, Cox NOES McCandliss, Malcolm ABSENT: None Councilman Moore asked the City Manager to review the situation in all further events coming to the Council. Councilman Scott indicated the insurance does not have to be $5 million; it could go to $2 million. City Council Meeting _ 17 _ November 22, 1983 MSC (Cox/Moore) to refer this matter to staff and ask them to come back with (1) the appropriateness of the City's insurance picking up the amounts after $1 million dollars; (2) what is a suitable coverage dollar amount for coverage for the City of Chula Vista; (3) to take a look at those functions on which the City would potentially have some liability, such as the Christmas snow program; and (4) come back with a report on the type of coverage the City should demand and whether or not it is the obligation of the City and should they participate in it. MSUC (Scott/Malcolm) to provide a minimum of $2 million dollars worth of insurance. City Attorney Harron stated the Chamber has no problem with this and they will provide the cost for the $2 million dollars insurance. d. City Manager Goss reported on the staff's clean up of the Otay Industrial Park area and the enforcements that are now being processed. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 23. REPORT BONITA OPTIMIST CLUB REQUEST TO EXTEND DURATION OF CARNIVAL (Director of Parks and Recreation) At the November l, 1983 meeting, Council approved the Bonita Optimist Club request to sponsor a carnival November 3-6 and 10-13. The Optimists are now requesting permission to extend the carnival for seven additional operating days. The staff recommends approval subject to certain conditions. MSC (Moore/Malcolm) to accept the report. Councilman Scott voted "no". Rachel Olivas, 626 Naples Street and Jim Stinnett, 632 Naples, Chula Vista, spoke against the extension of the Carnival time, stating it is much too noisy, it is next to their homes, and it disrupts the entire neighborhood. Mr. Bill Martinez, representing the Carnival owner, stated they will not play the music after the evening hours, they reduced the 18 concessions to 4, reduced the number of rides from 17 to 12 and will close the carnival at lO p.m. Thursday and ll p.m. Friday and Saturday and lO p.m. on Sunday. He added they are dealing with all of the residents complaints as they receive them. Councilman Moore asked that the staff keep in mind future carnival requests and not have them near residences in the City. 24. REPORT REQUEST FOR FOUR-WAY STOPS AT OLEANDER AVENUE, EAST OXFORD STREET AND EAST PALOMAR STREET (City Engineer) At the meeting of October 18, 1983, the City Council received a written communication from Mr. Randall D. Carter, requesting four=way stops at Oleander Avenue/East Oxfort Street and Oleander Avenue/East Palomar Street to provide better control over the traffic flow on Oleander and prevent school age pedestrian accidents. The Council directed the request to the City Traffic Engineer and Safety Commission for study and recommendation. City Council Meeting ' 18 ' November 22, 1983 The Traffic Engineering Division has evaluated the traffic conditions including vehicular and pedestrian volumes, accidents, and any unusual conditions at the subject intersections. Both intersections fell significantly short of meeting the criteria for installation of four-way stops. The recommendation is that Council deny the request for four-way stops at Oleander Avenue/East Oxford Street and at Oleander Avenue/East Palomar Street. On November lO, 1983, the Safety Commission recommended denial of the request for these stop signs. MS (Moore/Malcolm) to accept the staff report and staff recommendation. Council discussion followed regarding notification to Mr. Randall Carter. The staff stated a letter was sent to Mr. Carter on Thursday and he has not replied. MS (Scott/McCandliss) to hold this over to the next meeting and notify Mr. Carter. Mr. Lippitt stated that Mr. Carter was at the Safety Commission meeting. He read the report of the staff and left prior to Safety Commission action, stating he was satisfied with the report. Councilwoman McCandliss stated items like this should be taken on a one-to-one basis and the Council should give the man the courtesy of coming to the Council meeting. She urged continuance of the item. Councilman Moore disagreed stating that Mr. Carter did receive the written communication. A great number of staff hours was spent on this and every reasonable factor was taken into consideration. He requested the Council action not be delayed. Councilman Scott withdrew his motion to hold it over. Councilwoman McCandliss agreed to the second. Mrs. Joy Sherich, Vice-Chairman of the Safety Commission, agreed, stating Mr. Carter had no intention of coming to the Council meeting this evening and he extended his thanks to the Council and the Commission for the time allotted to his request. MSC (Scott/Moore) to accept the report. Councilwoman McCandliss voted "no". Councilwoman McCandliss explained her "no" vote was because the person who requested this was not present at the meeting. Mayor Cox asked that the staff in the future, after mailing notices to the people interested, follow up on this with a telephone call on Monday. 25. MAYOR'S REPORT a. MSUC (Cox/Scott) for a Closed Session after the Redevelopment Agency meeting for matters of personnel. City Council Meeting _ 19 _ November 22, 1983 26. COUNCIL COMMENTS a. Councilman Scott stated that there have been a number of letters which are received by the Council and circulated to the members. However, by the time he gets these letters, the information is old. He asked that some method be incorporated whereby important items are put in the Council packets. b. Councilman Malcolm wished everyone a Happy Thanksgiving. c. Councilwoman McCandliss congratulated the Mayor on the birth of his new daughter, Emily. d. Councilwoman McCandliss questioned what happened to the fountain. City Manager Goss explained that the repairs are being made. Mayor Cox stated he met with the Fish and Game people in Sacramento on Monday, November 21; however, no commitment was made, but he felt the Committee meeting was a good one. Mayor Cox noted a number of cities have sent in resolutions of support for the bayfront plan. The Council recessed to Redevelopmerit Agency at 10:17 p.m. The meeting reconvened at 10:20 p.m. The Council recessed to Closed Session at 10:25 p.m. The City Clerk was excused and the City Manager reported the Session adjourned at ll:O0 p.m. ADJOURNMENT AT ll:O0 p.m. to the meeting scheduled for Tuesday, December 6, 1983 at 7 p.m. JENNIE M. FULA WPG:0367C PAG