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HomeMy WebLinkAboutcc min 1979/11/27 MINUTES OF A REGULAR CITY COUNCIL MEETING OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. November 27, 1979 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, Scott Councilmen absent: Councilwoman McCandliss Staff present: City Manager Cole, City Attorney Lindberg, Development Services Administrator Robens, Director of Planning Peterson, City Engineer Lippitt, Director of Parks and Recreation Hall The pledge of allegiance to the Flag was led by Mayor Hyde followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Scott, seconded by Mayor Hyde and unanimously carried by those present that the minutes of the meeting of November 15, 1979 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY (None) 3. ORAL CON~qUNICATIONS (None) 4. WRITTEN CON~MUNICATIONS (None) PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF opened the public hearing. UTILITY USERS' TAX In 1978 the Council adopted the Utility Users' Tax Ordi- nance No. 1803 establishing maximum tax rates of 6% on telephones, $.01103 for each therm of gas and $.00300 for each kilowatt-hour of electricity effective July 1, 1979. During the 1979-80 budget deliberations, the Council de- creased the tax rates in anticipation of meeting utility users' tax revenue estimate of $1,333,900, receiving $750,000 bail-out funds and $670,000 in AB 8 long-term financing assistance. Based on these revenues, on June 26, 1979 the Council adopte8 Resolution No. 9644 setting the Utility Users' Tax at 5% on telephones, $.00919 per therm of gas and $.00250 per kilowatt-hour of electricity for the period July 1, 1979 to January 1, 1980. The staff recommended that these tax rates be continued until the next review in June, 1980. Mayor Hyde noted that the ordinance provides for a semi- annual review of the tax. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Motion to retain current It was moved by Councilman Scott, seconded by Councilman rates Gillow and unanimously carried by those present that the tax be maintained at the same rates. Held Tuesday = 7:00 p.m. -2- November 27, 1979 RESOLUTIONS AND ORDINANCES, FIRST READING 6. RESOLUTION NO. 9861 - In conjunction with the approval of Adjustment Plat No. ACCEPTING GRANT OF 80-7, the owners of the property have offered the City an EASEMENT FOR STREET easement for street tree purposes over a 10 foot wide strip TREE PURPOSES FROM of land adjacent to the westerly line of Minot Avenue. HAROLD D. AND ANNE M. Harold D. and Paine M. West executed the easement on November WEST 5, 1979. Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Hyde, Scott, Gill~w Noes: None Absent: Councilwoman McCandliss 7. RESOLUTION NO. 9862 - On May 1, 1979 the City received an application from Dennis ORDERING THE "McCANN- B. McCann for a reorganization to the City of a 1.12 acre GREENWOOD PLACE RE- single parcel of vacant property located at the northeast ORGANIZATION" INVOLVING terminus of Greenwood Place. At their meeting of November ANNEXATION TO THE CITY 5, 1979 the Local Agency Formation Commission adopted a OF CHULA VISTA AND resolution approving the reorganization involving annexation DETACHMENT FROM THE to the City and detactunent from the San Diego County Flood SAN DIEGO COUNTY Control District, Zone 3. FLOOD CONTROL DISTRICT, ZONE 3 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 Noes: None Absent: Councilwoman McCandliss 7a. RESOLUTION NO. 9863 - The McCann property is currently provided fire protection REQUESTING THE DETACH- service by the Bonita/Sunnyside Fire Protection District. MENT OF THE "McCANN- In order to avoid dual taxation for fire protection service GREENWOOD PLACE RE- by both the city and district when annexation takes place, ORGANIZATION" FROM THE it is necessary that the territory be detached from the BONITA/SUNNYSIDE FIRE district. PROTECTION DISTRICT 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 Noes: None Absent: Councilwoman McCandliss 8. RESOLUTION NO. 9864 - The reorganization of the Civil Service Rules does not in- ADOPTING REORGANIZA- clude any substantive changes, but merely puts related sub- TION OF CIVIL SERVICE jects together in a logical sequence. Minor "housekeeping" RULES changes which were made have been documented in a list of changes. At their meeting on November !, the Civil Service Commission approved the reorganization and minor changes of the Rules and recommended that they be adopted by the Council. 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 Scott, Gillow, Cox Noes: None Absent: Councilwoman McCandliss Held Tuesday - 7:00 p.m. -3- November 27, 1979 RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.) 9. RESOLUTION NO. 986S - The staff of the Comprehensive Planning Organization (CPO) ACCEPTING CPO'S LOWER has prepared a "Housing Allocation Formula" for the munici- INCOME HOUSING NEED palities of the San Diego region which determines each AND ALLOCATION FORMU- jurisdiction's "fair share" of the overall responsibility LA FOR CHULA VISTA to provide lower income housing between 1980 and 198S. The FOR 1980-198S Planning and Community Development Departments reviewed the draft formula and noted that it is consistent with the City's Housing General Plan Element and the Housing Assistance Plan which is a part of the City's Block Grant effort. Staff recommended approval of the plan. Michael McLaughlin Mr. McLaughlin said the Housing Allocation Formula adopted CPO in 1974 is being updated to provide more current information 1200 Third Avenue to the different jurisdictions and it consists of two parts: San Diego (1) The identification of the additional number of lower income housing units that are needed, and (2) a means of distributing those units throughout the region on a "fair share" basis. He said CPO is seeking recognition of the formula as well as adoption of the "fair share" portion from each community. 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 Noes: None Absent: Councilwoman McCandliss 10. RESOLUTION The inverse condemnation action entitled Dale E. Nelson vs. APPROPRIATING FUNDS City of Chula Vista, et al, involved damage to property as FOR PAYMENT OF JUDG- a result of runoff from the construction of new subdivisions MENT IN LAWSUIT, above Allen School Road. The Court ordered that the City NELSON VS. CITY OF was liable and the amount of damages fixed in the sum of CHULA VISTA $15,000 which, with interest to date, comes to $18,150. In an action by the City seeking reimbursement from the sub- divider, the Court has found in favor of the City, determin- ing that the subdivider must reimburse the City for such damages. This decision may be appealed by Robinhood Homes and the City Attorney recommended that the judgment be paid to avoid the continuing interest in case the appeal is successful. Resolution offered Offered by Councilman Gillow, the reading of the text was waived by unanimous consent of those present. If Appellate Court In answer to a query from Councilman Cox, City Attorney decision favors City, Lindberg said that if the decision of the Appellate Court developer may be liable is in favor of the City, interest on the judgment could be for interest payments requested by the City from the developer. to the City Council discussion Council discussion ensued concerning whether it is in the best interest of the City to pay the judgment now and stop the interest (at 7%), or retain the funds and possibly earn a higher rate of interest pending any Appellate Court deci- sion. City Attorney Lindberg noted that information has not yet been received as to whether or not an appeal will be filed by the developer. Substitute motion to It was moved by Mayor Hyde, seconded by Councilman Cox and continue Item 10 and unanimously carried by those present that this matter be request for City continued until the next meeting for a full Council, and in Attorney to contact the meantime, the City Attorney be requested to contact the developer regarding developer concerned, or his representative, to ascertain this matter the course of action he plans to take in this matter. Held Tuesday - 7:00 p.m. -4- November 27, 1979 CONTINUED MATTERS AND SECOND READING OR ORDINANCES 11. ORDINANCE NO. 1881 - The major revision in the taxicab ordinance reduced the AMENDING CHAPTER 5.54 amount of insurance required. Several other sections were OF THE CITY CODE RE- re-worded for clarification and to eliminate redundancies. LATING TO THE ISSUANCE The ordinance was placed on first reading on November 20, OF CERTIFICATES FOR 1979. THE OPERATION OF TAXI- CABS - SECOND READING AND ADOPTION Ordinance placed on It was moved by Councilman Scott that this ordinance be second reading and placed on second reading and adopted and that the reading adopted of the text be waived by unanimous consent of those present. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Gillow, Cox, Hyde Noes: None Absent: Councilwoman McCandliss 12. REPORT OF THE CITY MANAGER (None) REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 15. REPORT ON STATUS OF The Corps of Engineers has scheduled a public meeting con- TELEGRAPH CANYON cerning the Telegraph Canyon Creek Flood Control Project on CREEK FLOOD CONTROL November 29, 1979. The City staff prepared a report pro- PROJECT riding a brief background, the current status, and what to expect in the near future relative to the Corps' project, and recommended that no action be taken until further de- tailed information is available. Motion to accept It was moved by Councilman Scott and seconded by Councilman report Cox that the report be accepted. City staff opposes Mayor Hyde referred to Plan D, page 12, of the Corps of Corps of Engineers' Engineers' information brochure and noted that this plan Plan D calls for the possible construction of a dam and a small reservoir with a channel downstream. He said information indicates the City's Director of Public Works feels this proposal has objectionable features and asked for clarifi- cation. Objectionable features City Engineer Lippitt explained that Plan D would require of Plan D clarified the relocation of utilities, Telegraph Canyon Road, and a subdivision consisting of 56 homes which makes the cost- benefit ratio of this alternative unjustified. Staff to attend pub- In response to a query from Mayor Hyde, City Manager Cole lic hearing said that staff members will be present at the public hearing on November 29, 1979. Motion carried The motion to accept the report carried by a unanimous vote of those present. 13a. REPORT ON RATNER'S Mr. Stanley E. Foster, President of the Ratner Corporation, LETTER RE TELEGRAPH submitted a letter expressing concerns relative to the CANYON CREEK FLOOD proposed above-ground walls to be constructed as part of CONTROL PROJECT the Telegraph Canyon Creek Flood Control project. Staff had expressed similar concerns and a meeting was held with Mr. Foster, County representatives, and the Corps of Engi- neers to discuss the situation. In a written statement, the City Engineer said staff proposes to continue to seek further refinement of the plan and as soon as more infor- mation is available a meeting will be arranged of all of the parties involved relative to a solution acceptable to both the public agencies and the property owners. Held Tuesday - 7:00 p.m. -5- November 27, 1979 REPORTS OF CITY OFFICERS AND DEPARTMEbFF HEADS (Cont.) Motion to accept report It was moved by Mayor Hyde and seconded by Councilman Scott that the report be accepted. Ratner Corporation to In answer to a query from Mayor Hyde, City Engineer Lippitt be represented at the said that Mr. Fester or his representative plan to be at hearing on November 29 the hearing on November 29. Council tour to be Mayor Hyde said he has asked the City Manager, if it can scheduled for area be worked into the trip scheduled on December 8, 1979, that arrangements be made for the Council to tour this area to see what the problem is. Motion carried The motion to accept staff report carried by the unanimous vote of those present. 14. STATUS REPORT ON On October 16, 1979 Mr. Jerry Prior made a presentation to MUNICIPAL BALL the Council concerning inadequacy of the City's ball fields. FIELDS Director of Parks and Recreation Hall submitted a written response, noting that the major obstacle in constructing additional ball fields is the lack of appropriate property isolated enough from adjacent residences so that light and noise are not objectionable. Mr. Hall said the City and County staffs have been negotiating an agreement whereby the City can build five ball fields on County property adjacent to Bonita Road, west of Willow Street. Motion to accept report It was moved by Councilman Scott and seconded by Councilman Gillow that the report be accepted. Approximately 15 acres In response to a question from Mayor Hyde, Mr. Hall said involved in County area that the area involved (County property) is approximately 15 acres. Council discussion Council discussion followed concerning the possibility of the County participating in the cost in some "fair share" proportion for maintenance and operation if the ball fields are developed; the County does not provide active type recreation; potential for using land at the Bonita Optimist Center; and the City ball fields are scheduled for games if 50% of participants are Chula Vista residents. Motion carried The motion to accept the report carried by the unanimous vote of those present. Motion to negotiate It was moved by Mayor Hyde, seconded by Councilman Cox and with County to partici- unanimous carried by those present that in the negotiations pate on a fair share with the County, the staff make an effort to encourage the basis for maintenance County to accept the responsibility to bear a "fair share" and operation of pro- portion of the cost of maintenance and operation. posed ball fields 15. REPORT ON OPEN SPACE Ms. Jan Perdue, Committee Chairperson for the Open Space DISTRICT NO. 3 HOME- District Homeowners' Association, sent a letter to the City OWNERS' LETTER regarding several items of concern. In a written report, Director of Parks ~ Recreation Hall responded to the con- cerns noting the weather conditions requiring increased water consumption, remedial action taken with the contractor to improve plant material, cleaning of storm drains, and payments made to the contractor on the basis of visual inspections, memoranda and invoices. Additional letter Mayor Hyde noted the receipt of a second letter from Ms. received Perdue submitted to the Council this evening requesting additional information on watering schedules and documen- tation on maintenance work and contract performance. Held Tuesday - 7:00 p.m. -6- November 27, 1979 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS (Cont.) Motion to accept report It was moved by Mayor Hyde, seconded by Councilman Scott and refer letter to staff and unanimously carried by those present that the report be accepted and the letter from Ms. Perdue and her committee members be directed to staff for preparation of a report to the Council. Motion for staff to It was moved by Council Cox, seconded by Councilman Scott meet with Homeowners' and unanimously carried that the staff be directed to meet Association on quarterly with this Homeowners' Association, and any other Homeowners' basis Association so requesting, on a quarterly basis to keep them informed on what is going on. Jan Perdue Ms. Perdue asked that she be informed when the staff report Committee Chairperson comes back to the Council regarding the letter in order that Open Space District #3 the Association can respond to the report. Homeowners' Association Report to be made in Responding to a question from Mayor Hyde regarding timing, two weeks City Manager Cole said the report should be ready in about two weeks. REPORTS, REQUESTS AND RECO~ENDATION$ OF CITY BOARDS AND CO~ISSIONS 16. RECO~ENDATIONS FROM At their meeting on November 19, 1979 the Youth Commission YOUTH COMMISSION ON recommended that the following appointment procedures be APPOINTMENT PROCEDURES implemented: (1) That the Council select one student from each high school and junior high school within the City limits (8 schools). (2) That one member be selected "at large" (this student could be attending a parochial or vocational school within the City limits). (3) That the terms of office be staggered and be two year terms. (4) Four members to be selected in ODD numbered years. (5) Five new members to be selected in 1980 to serve two year terms expiring in EVEN years. Motion to accept It was moved by Councilman Scott and seconded by Councilman recommendation - Cox that the recommendation of the Youth Commission be ordinance to be accepted and an ordinance brought back to the Council. prepared Mayor to interview It was the concurrence of the Council that the Mayor continue candidates to interview the candidates for the Youth Commission with appointments ratified by the Council, and if no applications are received from a particular school, applicants may be appointed from another school. Motion carried The motion to accept the Youth Commission recommendations carried by unanimous vote of those present. MAYOR'S REPORT a. Appointment to the HRC Mayor Hyde appointed Mr. David Poret to fill a vacancy on the Human Relations Commission. Motion to ratify It was moved by Councilman Cox, seconded by Councilman Scott appointment and unanimously carried by those present that the appointment be ratified. b. Dues for U.S. Mayor Hyde reported that an invoice has been received from Conference of Mayors the U.S. Conference of Mayor5 with the dues raised from increased $1125 last year to $1500 this year - 33% increase. Held Tuesday - 7:00 p.m. -7- November 27, 1979 MAYOR'S REPORT (Cont.) Membership to be con- It was the concurrence of the Council that membership be tinued continued in this organization. c. Risk Management Report Mayor Hyde referred to a Risk Management Report submitted by the City Manager. Motion to schedule It was moved by Mayor Hyde, seconded by Councilman Scott and report for Council unanimously carried by those present that this matter (Risk Conference Management Report) be set for a Council Conference in the "not too distant future." d. Joe Lathers has Mayor Hyde noted that Mr. Joe Lathers has successfully lowered one building lowered one of his four buildings which is now on a new foundation. e. Concern regarding Mayor Hyde said it has come to his attention that a con- conditions of apart- dominium conversion apartment has been sold to private ment conversions parties prior to the fulfillment of one of the conditions being fulfilled of approval for the conversion - specifically that adequate storage be provided. He asked if this was done properly and what can be done to insure conditions of approval are met prior to occupancy of apartment conversions. Staff to check on City Manager Cole stated that usually these conditions must procedures be met before a certificate of occupancy is issued. He said staff will check on this incident (La Bonita) noting that the City can control this procedure but cannot control the sale of units. Motion to refer to It was moved by Mayor Hyde and seconded by Councilman Scott staff with report in that this matter be referred to staff as to whether or not two weeks the City, in fact, is accomplishing the intent of the con- ditions prior to occupancy of units with a report back to the Council in two weeks. Possibility to exercise Director of Planning Peterson said that control may be possible control through Depart- through the Department of Real Estate as the approval of this ment of Real Estate Department must be secured before sales can be made Motion carried The motion to refer this matter to staff carried by the unanimous vote of those present. f. Mayor Hyde to meet Mayor Hyde reported that he will be meeting with the Executive with Executive Committee of the Board of Directors of the Chamber of Commerce Committee of Chamber Saturday (December 1) and invited members of the Council to of Commerce join him. g. Report on County In response to a query from Mayor Hyde regarding the widening project regarding and improvement of Orange Avenue, Development Services Adminis- Orange Avenue and trator Robens said he will check and report on the County's Palomar project to tie Orange Avenue to Palomar Street. COUNCIL CO~ENTS Report on National Councilman Scott reported on the National League of Cities League of Cities Conference in Las Vegas and commented particularly on a Conference session regarding environment and conservation stressing solar heating. He said it was recommended that any ordinance on solar heating include rules to preclude solar access - solar panels - from being blocked by other structures. Held Tuesday - 7:00 p.m. -8- November 27, 1979 COUNCIL COMMENTS (Cont.) Report being prepared In reply to a query from Councilman Scott on the status of on solar energy a City ordinance on solar access, Development Services Administrator Roberts reported that the Director of Building and Housing is working on a report to address this issue and it is anticipated that a comprehensive report will come to the Council in approximately two months. Model ordinance on Councilman Scott reported that information on drug para- drug paraphernalia phernalia was provided at the Conference and he obtained a available model ordinance (adopted by some cities) which provides for civil rather than criminal action in connection with this problem. He will provide the model ordinance and other information to the staff. Workshop scheduled Mayor Hyde referred to a notice from the League of California in La Jolla on solar Cities provided to the Council regarding a workshop on solar energy on December 6 energy on December 6 at La Jolla Village Inn in La Jolla. He suggested that registrations for this workshop be coordi- nated through the Council secretary. Commendation regarding Councilman Cox commended the personnel responsible for the Band Review and Star- Chula Vista Band Review, particularly Mr. Jack Harper, and light Yule Parade the Chamber of Commerce, the Town Center Business and Professional Association, and Len Moore for their efforts in sponsoring the successful Starlight Yule Parade on November 26. ADJOURNMENT Mayor Hyde adjourned the meeting at 8:00 p.m. to the meeting scheduled for Tuesday, December 4, 1979 at 7:00 p.m. Deputy City Clerk