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HomeMy WebLinkAboutcc min 1980/02/19 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. February 19, 1980 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 7:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue. ROLL CALL Councilmen present: Mayor Hyde, Councilmen Gillow, Cox, McCandliss, Scott Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, City Engineer Lippitt, Director of Building and Housing Grady, Community Development Director Desrochers The pledge of allegiance to the Flag was led by Mayor Hyde followed by a moment of silent prayer. 1. APPROVAL OF MINUTES Motion to amend minutes It was moved by Councilwoman McCandliss that the minutes be of February 12, 1980 amended on page 3, under the caption "Speaking against motion" after the word "designation" (on Line 7) to add the following: "The Visitor Commercial C-V zoning was approved contlngent on the submission of a plan. The plan had not been submitted~ therefore the zone of record was R-I." Second amendment Mayor Hyde seconded by motion with the additional amendment on page 7, Item 20, correcting the sentence following the caption "Discussion of motion" to read: "In answer to Councilman Scott's question, City Engineer Lippitt remarked that approximately 15% to 20% of the sidewalks are four feet wide throughout the City and not just in this particular area. Motion carried The motion to correct the minutes as noted by Councilwoman McCandliss and Mayor Hyde carried 4-0 with Councilman Gillow abstaining as he was not present at the meeting of February 12. It was moved by Councilman Cox, seconded by Mayor Hyde and carried 4-0 that the minutes of the meeting of February 12, 1980 be approved as amended, copies having been sent to each Councilman. (Councilman Gillow abstained.) 2. SPECIAL ORDERS OF THE DAY a. INTRODUCTION OF COUNCIL Mayor Hyde introduced Mr. Bob Rozar of the Chamber of Com- GUEST merce Board of Directors, who was a guest of the Council. Mr. Rozar expressed his appreciation to the Council for in- viting representatives of service organizations to be their guest and improve communications between the City and various civic groups. 3. ORAL COMMUNICATIONS Marie Miehls Ms. Miehls said she was representing the Chula Vista Boys 988 Myra Avenue and Girls Clubs and on their behalf requested the use of one Chula Vista 92011 grader and one water truck for 14 days, starting February 28 or March 1, to grade the future site of the Boys and Girls Clubs at Greg Rogers Park. They will provide thc insurance, fuel, and maintenance for the equipment for this 14-day period, and it will be operated by experienced operating engineers from Local 12. Motion to refer to staff It was moved by Councilman Scott and seconded by Council- woman McCandliss that the request be referred to staff and the City Attorney for recommendation and to look into thc legality of doing this. Suggestion to grant request Mayor Hyde suggested that thc request be granted subject to subject to staff approval the approval of the City Manager providing it is legal. City Council Meeting - 2 - February 19, 1980 Suggestion included in motion Councilman Scott amended his motion to include the suggestion and motion carried of Mayor Hyde, Councilwoman McCandliss agreed as the second and the motion carried unanimously. Clarence Knight Mr. Knight referred to Item 20 discussed at the meeting of 117 Jefferson February 12 concerning the sub-standard sidewalk on Jefferson Chula Vista Avenue between Flower and "E" Streets. He expressed his con- cern that the four-foot wide sidewalk will not accommodate the wheelchair traffic since most wheelchairs are 24½" wide, thus two wheelchairs cannot pass each other on the sub-standard sidewalk creating a hazard for handicapped people. Safety Commission Mayor Hyde noted that this matter was referred to the Safety preparing report Commission for their recommendation and as soon as their report is received, it will be docketed for Council discussion. Jerry Valk Mr. Valk presented materials to the Council concerning a pro- 291 Camino Vista Real posed development by the Gersten Company on Telegraph Canyon Chula Vista Road east of Nacion. He said he had some significant informa- tion to bring up regarding this development. Development to be subject City Attorney Lindberg said this matter will be set for a of public hearing public hearing concerning a zone change and all information will be considered at that time. The hearing will be noticed so that all parties will be afforded an equal opportunity to present testimony and he advised that this is not an appro- priate time to discuss this item or take testimony. Mr. Valk to be advised Mayor Hyde suggested that Mr. Valk contact the City and he of hearing dates will be advised of the date of the hearing before the Plan- ning Commission and subsequently the hearing before the Council. 4. WRITTEN COMMUNICATIONS a. REQUEST FOR SUPPORT AND The City of Tiburon successfully defended the Agins case be- FINANCIAL ASSISTANCE IN fore the Supreme Court of the State of California. It is one LAND USE LITIGATION of the most significant land use cases in the nation, and the MATTER BEFORE THE UNITED United States Supreme Court has now granted a review. The STATES SUPREME COURT - Supreme Court of the State of California held that the city CITY OF TIBURON in a down zoning situation is not liable in inverse condemna- tion. The City Manager and the City Attorney recommended that the Council offer financial assistance to the City of Tiburon in their pending action before the United States Supreme Court in this land use matter. Estimated cost not yet In answer to a query from Mayor Hyde, City Attorney Lindberg determined said information has not yet been received as to the estimated cost in this matter; however, he indicated that he felt the request would not be for more than $200. He emphasized that this is a matter of grave importance since the Supreme Court rarely considers zoning cases. Assistance from various In response to a question from Councilwoman McCandliss, City Attorneys Mr. Lindberg said this issue was brought before the Litigation Committee of the League of California Cities and it was deter- mined that the City Attorney of San Jose would be the princi- pal author of the brief with assistance from other City Attorneys. Motion to offer financial It was moved by Councilman Cox, seconded by Mayor Hyde and assistance - appropriate unanimously carried that the Council offer financial assistance resolution to be prepared to the City of Tiburon in their pending legal case before the United States Supreme Court in an amount not to exceed $200 with an appropriate resolution to be brought back to the Council. City Council Meeting - 3 - February 19, 1980 PUBLIC HEARING AND RELATED RESOLUTION 5. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF 1980-81 opened the public hearing. BLOCK GRANT BUDGET AND APPLICATION Based on input received at the first Block Grant hearing on January 24, the Block Grant application for 1980-81 has been prepared and must be sent to the Comprehensive Planning Or- ganization and the State Department of Housing and Community Development by March 1 for comment before being sent to HUD. The application consists of three parts: An annual action plan, a Three Year Community Development Plan, and a Housing Assistance Plan (HAP), with the first year being 1979-80. Changes proposed in the second and third years of the last two plans are reflected in the application, which also in- corporates the preliminary Community Development budget. Allocation to City Community Development Director Desrochers said that the increased by $63,000 partment of Housing and Urban Development (HUD) has increased the allotment to the City by $65,000 and he noted the written staff report suggesting how these additional funds could be used. In answer to a question from Councilman Gillow, Mr. Desrochers said funds for the Local Development Corporation will be used to assist in loaning funds to "tenant" operated businesses on Third Avenue similar to the CHIP program. They will work with local banks for developing a commercial rehabilitation program. Mr. Desrochers explained, in response to a query from Council- woman McCandliss, that it is anticipated a full time person will be obtained to work with housing programs. James Matherly Mr. Matherly spoke against using taxpayers'money to support 402 Oaklawn the Block Grant program stating that it will only increase Chula Vista the national debt and no one seems to be concerned about the overspending of government. He spoke against submitting the Block Grant application. Mr. Matherly commended Mayor ttyde noted that the Council also cares concerning over- for his civic interest spending of government funds. He offered his commendation to Mr. Matherly for his civic interests and his effort to re- search information and express his opinions. However, he suggested that the use of block grant funds may be considered as having monies returned to the community to be used under guidelines for benefit of the total community. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. 5a. RESOLUTION NO. 9967 Offered by Councilwoman McCandliss, the reading of the text APPROVING THE SUBMISSION was waived by unanimous consent, passed and adopted by the OF AN APPLICATION TO THE following vote, to-wit: DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR AYES: Councilwoman McCandliss, Councilmen Scott, Git:low CO~qUNITY DEVELOPMENT COX, Hyde BLOCK GRANT FUNDS FOR Noes: None 1980-81 Absent: None RESOLUTIONS AND ORDINANCES, FIRST READING 6. RESOLUTION NO. 9968 On January 15, 1980 the Councll approved the settlement of ACCEPTING QUITCLAIM DEEDS the long existing problem of acquiring good title to the FROM DANERI HEIRS FOR property on which the dog pound has been built. The City ANIMAL SHELTER PROPERTY Attorney recommended that the Council appropriate the sum AND APPROPRIATING FUNDS of $11,156 from the General Fund and authorize the Director THEREFOR of Finance to prepare warrants in the amount of $2,231.20 to be forwarded to each of the five Daneri heirs who have executed Quitclaim Deeds to the City. City Council Meeting - 4 - February 19, 1980 Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Mayor Hyde, Councilmen McCandliss, Scott, Gillow, Cox Noes: None Absent: None 7. ORDINANCE NO. 1897 It was brought to the attention of the City Attorney's office IMPLEMENTING PROPOSITION that an ordinance has not been adopted as provided by Proposi- C APPROVED BY THE tion C, the low-rent housing proposition approved by the ELECTORS OF THE CITY ON electors on April 11, 1978. The City Attorney has prepared an APRIL 11, 1978 - ordinance containing the language as set forth in Proposition C. FIRST READING Ordinance placed on It was moved by Councilman Cox that the ordinance be placed on first reading first reading, and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Cox, Hyde, McCandliss, Scott, Gillow Noes: None Absent: None CONTINUED MATTERS 8. RESOLUTION NO. 9969 Under the present Memorandum of Understanding (MOU) it would APPROVING AMENDED take approximately 17 to 20 sites scattered throughout the MEMORANDUM OF UNDERSTAND- City to construct 100 units. Since the application was IND BETWEEN THE CITY AND approved by HUD, City and County staff have been actively THE SAN DIEGO COUNTY reviewing suitable sites but to date, no sites have been se- HOUSING AUTHORITY cured and it is doubtful whether they can be under the (Continued from 2/5/80) present MOU. This is due to the absence of land meeting HUD's development criteria of cost and location. By amending the MOU, the Council will provide staff with additional flexibility to secure suitable sites and the limit of 25 units will not present an undue concentration of low and moderate income persons. Dan Brennan Mr. Brennan said he is the Chairman of the Sub-committee on 171Camino Vista Real Housing and they have been meeting for several months with Chula Vista City staff and members of the private sector. He said it (Ituman Relations Commission) has been determined that the primary question is the location of affordable sites and the Committee is recommending that the Council adopt the resolution and not stay within the re- striction of 6 units per site. Karla Cohn Ms. Cohn said the Housing Authority has been working with Deputy Director of the the City staff and they endorse the amendment to the Memorandum County Housing Authority of Understanding. She introduced Mr. Jim Purcell of La Jolla who has been commissioned to act as the Housing Authority architect on low-rent public housing projects. Jim Purcell, Architect Mr. Purcell made a slide presentation to the Council depicting County Housing Authority a project in Santa Barbara which is similar to what the City is trying to develop. He described the project as 2, 3 and 4 bedroom units on 1½ acres, with approximately 15 units per acre which were designed as clusters of units rather than rows of apartments. Council discussion Council discussion ensued with Ms. Cohn and staff concerning limiting the density to 25 units per acre; technique of in- clusionary housing; sites selected will be subject to final approval by the Council; intent is still to designate 10% of the units for handicapped; possibility of losing present con- tract with HUD under time limit; City is not precluded from getting involved in other types of subsidized housing programs; and ways of implementing AB 1151 - the density bonus for low cost housing. City Council Meeting - 5 - February 19, 1980 Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent. Speaking against the Councilman Scott spoke against the resolution stating he resolution would prefer more flexibility as he could see no support for the 25 units per acre, and more creative research can and should be done. Resolution adopted The resolution was passed and adopted by the following vote, to-wit: AYES: Mayor Hyde, Councilwoman McCandliss, Councilmen Gillow, Cox Noes: Councilman Scott Absent: None Motion for staff to seek It was moved by Councilman Scott, seconded by Councilman Cox iow income housing under and unanimously carried that the staff look into the possi- AB 1151 - report to come bility of utilizing iow income housing through the Housing back to Council Authority with the zoning bonus under AB iiSI, and - not immediately - a report be brought back to the Council. 9. RESOLUTION NO. 9970 - The Council directed staff to modify the re~olution that AMENDING RESOLUTION NO. was before them on January 22 so that the telephone line and 9828 WHICH ESTABLISHED pole would be deferred rather than exempted from the district. UNDERGROUND UTILITY In accordance with this directive, the resolution has been DISTRICT #110 ON FOURTH modified to de£er the removal of these overhead lines and AVENUE FROM "F" TO "G" pole to that time when a future district is established to STREET AND DEFERRING underground the utilities between "G" and "H" Streets, or THE UNDERGROUNDING OF for a period of five years, whichever occurs first. A CERTAIN TELEPHONE CABLE (Continued from 1/22/80) Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Gillow, Cox, Hyde, gcCandliss Noes: None Absent: None 10. REPORT OF THE CITY MANAGER a. CONSIDERATION OF THE On January 22, 198(} the Council reviewed the plan for GLENN RESTAURANT FLOOR remodeling the Glenn Restaurant and requested (1) that the PLAN lower level rest room locations be revised; (2) the plan show how dancing would be accommodated; and (3) other potential revisions be determined in the waitress service area. The proposed plan addresses each of these points, and in addition, an 8' x 27' entryway has been added. In a written statement, the Assistant City Manager recommended that the floor plan be approved, and staff authorized to finalize a revised lease agreement and receive proposals for architectural service at City expense. Motion to continue Item 10 It was moved by Mayor Hyde, seconded by Councilman Scott and until Saturday, February 23 unanimously carried that this item be continued until Satur- (Council Conference) day morning, February 23, when the Council has a conference scheduled where there will be greater opportunity to look at this and work on it in a Council Conference setting.. Mayor ltyde said he has advised the City Manager on some of his concerns and suggested that it would be helpful if the Council members also let the City Manager know about their concerns so staff can be prepared to respond. Held Tuesday - 7:00 p.m. -6- February 19, 1980 REPORT OF THE CITY MANAGER (Cont.) b. "L" Street to be City Manager Cole announced that the Metropolitan Transit temporarily closed at Development Board plans to close "L" Street at the San railroad crossing Diego and Arizona Eastern railroad tracks at 8:30 p.m. Friday, February 22, through Sunday, February 24 while improvements are being made to the crossing. Appropriate detours will be provided. c. Mutual Aid Committee Mr. Cole said the Council requested that staff institute, if possible, a mutual aid committee in case of earthquakes or other disasters. He reported that at the last ICBO meeting, Director of Building and Housing Grady brought this up and was appointed chairman of the committee. A report will be made in about two months on a proposal to carry out this task. d. Suggestion for County Assistant City Manager Asmus referred to the resolution task force to work on adopted by the Council requesting that the Board of formula for tax distri- Supervisors and the Council appoint representatives, bution following annexa- including staff from the County and City, to work out a tion more equitable formula concerning annexations. He reported that the City of San Diego has now prepared a position paper similar to that of Chula Vista and similar to the formula adopted by Fresno County. ~. Asmus said the question is whether the issue should be approached on a County-wide task force basis, at staff level, provided the County Baord is willing to entertain any other formula besides the one the County staff has proposed. He asked if the Council would like to proceed with a proposed meeting as suggested in the Resolution or approach the County on the concept of a County-wide task force. Motion to request County- It was moved by Mayor Hyde, seconded by Councilman Scott wide task force to study and unanimously carried that the Mayor be authorized to distribution of taxes contact the Chairman of the Board of Supervisors, either following annexations directly or by correspondence, and ask him to set up an appropriate task force of City and County staff represen- tatives to study this problem and report back to the Board and respective cities. e. Council Conference City Manager Cole distributed a revised schedule of Council schedule Conferences noting the tentative dates for Council tours (March 29, August 2 and November 15). f. Storm damage Mr. Cole reported briefly on the storm damage, commenting on the problems in the Sweetwater Valley and the golf course. He said fortunately the dike did not break and the trailer park was protected; also people in the Valley were notified of the flood condition in time to make plans for evacuation if necessary. Mr. Cole stated the damage to the golf course is extensive and there will be no federal funds to repair it unless the area is declared a disaster area. Minor damage in some City Engineer Lippitt discussed the minor damage at the areas entrance to the Bonita Verde Subdivision, the flood problem on Edgemere Avenue, and at 5th and "C" Street which was also affected by the high tide. He said at one point the water released from the dam was approximately 2 million gallons per minute. Mr. Cole complimented City crews working during the storm and the efforts they made in handling flood problems. Held Tuesday - 7:00 p.m. -7- February 19, 1980 REPORT OF CITY MANAGER (Cont.) Concern regarding notifica- Mayor Hyde expressed his concern regarding procedures tion of flood damage established or not established for notifying people who are in the path of potential flooding and advising them of the impending dangers, particularly when a large amount of water may be released from the dam even though there is no rain "downstream." Suggestion for Civil Mayor Hyde commended the staff in handling their control Defense System posts, communications and the work on the dike in flood situations; however, he suggested a good civil defense system be developed to alert people of potential disaster when necessary. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS ll. REPORT ON NATIONAL COUNCIL The National Council of Senior Citizens (NCSC) is a non- OF SENIOR CITIZENS profit corporation and is a major developer of Section 202 housing. Section 202 provides low-interest long-term direct loans to private non-profit sponsor5 to finance rental housing for seniors and handicapped persons. In a written report, the Director of Community Development discussed the involvement of NCSC with the Section 202 program stating that, basically, the organization lends its expertise to the development of senior housing. He said specific services provided inclnde application formu- lation and submission to }~D, site review, project manage- ment and development. It was recommended that the City continue to work with the NCSC and local, non-profit sponsors. Motion to continue working It was moved by Councilwoman McCandliss, seconded by with NCSC Councilman Scott and unanimously carried that the City continue working with NCSC and local, non-profit sponsors. MAYOR'S REPORT Successful volunteer program Mayor Hyde referred to a report received concerning the first year of operation of the Volunteer Program. He complimented the staff for their efforts and the success of the program. COUNCIL COMMENTS Concerning regarding inade- Councilman Scott expressed his concern that the plans for quate plans for Bonita the Bonita shopping center do not have an adequate exit or shopping center entrance onto Bonita Road and suggested that the City should request a bridge be built at the time of development, or the flooding problems may be similar to those in Fashion Valley. Staff to review County plans City Engineer Lippitt said that Bonita Mesa Road is in the County and they are requiring that the road be improved to four lanes into the shopping center. He stated that staff has received a copy of the plans and as soon as they can be reviewed, a report will be made to the Council; however, it is his understanding a box culvert is being proposed and not a bridge. Motion for staff report It was moved by Councilman Scott, seconded by Councilwoman and recommendation McCandliss and unanimously carried that the staff come back with a report, after they have a chance to review the new County drawings, and with a recommendation as to the appropriate action to be taken by the Council. Held Tuesday - 7:00 p.m. -8- February 19, 1980 COUNCIL COk~qENTS (Cont.) REPORT ON AB 1994 - Councilman Cox reperted that the Legislative Committee met Reimbursement to Redevelop- today and reviewed AB 1994 (Assemblyman Lockyer). As ment Agencies for business background, he explained that AB 66 exempted business inventory tax loss inventories from property taxation, but required the State to reimburse cities and counties - but not Redevelopment Agencies - for lost revenue. AB 1994 would require the State to reimburse Redevelopment Agencies also, which would mean substantial funds for Chula Vista. The bill is an urgency statute and will be heard in Assembly Committee on Revenue and Ta×ation on Monday, February 25. Motion to support AB 1~94 It was moved by Councilman Cox, seconded by Mayor Hyde and unanimously carried that the Council support this legisla- tion and authorize communications to Chairman Deddeh and other appropriate members of the Committee. Letter noted concerning Councilman Cox noted a letter from the City Attorney con- golf course casements cerning golf course easements which will resolve concerns of property owners in the Bonita Verde Subdivision. New easements, should they be granted, will provide for the extinguishment of the easements if the City no longer uses them in the golf course operation. Suggestion for updated list Councilman Cox suggested that the list of Pending items in of pending items the Council packets be updated. Motion for meeting with City It was moved by Mayor Hyde, seconded by Councilwoman Clerk and City Attorney McCandliss and unanimously carried that the Council have a conference, individually, with the City Clerk and the City Attorney immediately following the Council Conference on February 28, 1980 for an annual review with regard to performance. ADJOURNMENT Mayor Hyde adjourned the meeting at 8:55 p.m. to the meeting scheduled for Saturday, February 23 at 8:30 a.m. and to the regular meeting on Tuesday, February 26, 1980 at 7:00 p.m. _// Deputy City Clerk