HomeMy WebLinkAboutcc min 1980/10/28 MINUTES OF A REGULAR MEETING OF THE CITY
COUNCIL OF CHULA VISTA, CALIFORNIA
Tuesday, October 28, 1980 - 8:15 p.m. Council Chambers, 276 Fourth Avenue
ROLL C_~LL
Councilmen present: Mayor Hyde, Councilmen Scott, Gillow (arrived 8:21 p.m.), Cox,
McCandliss
Councilmen absent: None
Staff present: City Manager Cole, Assistant City Attorney Harron, Assistant City
Manager Asmus, Development Services Administrator Robens
The pledge of allegiance to the Flag was led by Mayor Hyde followed by a moment of silent
prayer.
1. APPROVAL OF l(Ilql~l~S for the meetings of October 2 and 21, 1980
MSC (Cox/McCandliss - 4-0) that the minutes be approved, copies having been sent to
each Councilman. (Councilman Gillow was absent for the vote.)
2. SP~CIAI. OP. DEP. S OF TME DAY (None)
3. ORAL ~ICATIONS
a. James Matherl¥, 402 Oaklawn Avenue, Chula Vista, read a statement in opposition to the
Tijuana Rapid Transit and the increasing national debt.
4. WRI'i-£~N C~IUNICATIONS (None)
PUBLIC HEALINGSAIIDRELATED RESOLUTIONS ANDORDINANCES
5. PUBLIC HEARING CONSIDERATION OF APPEAL OF PLANNING COMMISSION'S APPROVAL OF
EXTENSION AND EXPANSION OF VARIANCE PCV-80-1 FOR EXEMPTION FROM
THE WEST TO EAST DEVELOPMENT POLICY OF TIlE EL RANCHO DEL REY
SPECIFIC PLAN
This being the time and place as advertised, Mayor t~de opened the public hearing.
On November 20, 1979 a vote of the Council failed to overturn the Planning Commission's
approval of a zone variance permitting development on 2.6 acres located on the north
side of East "H" Street, west of Otay Lakes Road. The variance requested an exemption
from the "west to east development policy" to allow the property to develop before a
plan for the construction of "H" Street has been approved. Since the original approval
of the variance, the property has changed hands and is now owned by Huffman
Construction Company. At the suggestion of the Planning staff, they acquired an
adjacent 1.4 acre parcel which it was felt could not logically be developed by itself.
Director of Planning Peterson said the variance will expire on November 20, 1980 and
Huffman Construction Company requested an extension of the variance and its expansion
in area to allow time for the preparation and processing of revised plans for the
development of the combined 4 acre area. The Planning Commission approved the request
on September 23, 1980 and pursuant to Council's instructions, the City Manager appealed
the Commission's decision to the Council.
Mr. Peterson explained that progress has been made on plans for the construction of "H"
Street on a "fair share" formula in which each developer in E1 Rancho del Rey can
determine what his obligation for the Street will be. Ne said staff is recommending
that the approval of the Planning Commission be upheld.
Michael B. Witte, 3232 Fourth Avenue, San Diego (representing the applicant), explained
that they acquired the additional 1.4 acres at the suggestion of the City staff and in
revising their development plans, they had a time problem necessitating the request for
an extension of the variance and the expanded plan.
City Council Meeting -2- October 28, 1980
Dick Brown (representing the Gersten Company), stated they agreed the 1.4 acre parcel
should be included in the Huffman project and they negotiated the sale contingent upon
Council approval of the development plan and a final map being recorded.
There being no further comments, either for or against, the public hearing was declared
closed.
Councilmen Scott said he believed, in all fairness, the request should be supported due
to staff's request that the additional 1.4 acres be included in the project.
MSUC (Scott/Hyde) that the Council uphold the Planning Commission decision with an
appropriate resolution to be brought back.
Councilmen Scott said he is still not in favor of any variance from the principle of
the "west to east" development policy.
6. PUBLIC HEARING CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PERFORMANCE
This being the time and place as advertised, Mayor Hyde opened the public hearing.
Each year the City must hold a public hearing on its performance with the Community
Development Block Grant funds already received. A summery report was submitted to the
Council covering activities on all projects in the last twelve months.
Community Development Director Desrochers said projects are moving on schedule and it
is anticipated the City will be able to utilize Block Grant monies to acquire Iow cost
housing sites and to find sites acceptable to the community within the available funds.
In response to a query from Councilwoman McCandliss, Mr. Desrochers said consideration
is being given to rebudgeting funds from Crime Prevention (BG56) to the Memorial Park
project.
Jerry Valk, 291 Camino Vista Real, Chula Vista, spoke against the purchase of expensive
sites and suggested that funds be utilized to acquire a mobile home park for the
elderly.
There being no further comments, either for or against, the public hearing was declared
closed.
RESOLIITIONS~I) ORDINA~CES, FIRST RF. A1)ING
7. RESOLUTION N0.10305 ACCEPTING PUBLIC IMPROVEMENTS, ROSEBANK SEWER PUMP STATION BYPASS
Noveco, Inc., has completed the construction of sewer facilities to eliminate the
Rosebank Sewer Pump Station. A final inspection was made on October 7, 1980 and all
work was found to be in accordance with contract documents and to the satisfaction of
the City Engineer.
RESOLUTION OFFERED by Mayor Hyde, the reading of the text was waived by unanimous
consent, passed and adopted by a unanimous vote.
8. RESOLUTION N0.10306 GRANTING A 19 DAY EXTENSION TO CONTRACT FOR THE INSTALLATION OF
STREET LIGHTS ON FOURTH AVENUE BETWEEN "F" AND "G" STREETS
Perry Electric Company requested a 19 day extension to the contract due to a delay in
receipt of street light poles. This delay was documented in a letter from the
manufacturer and staff recommended approval.
RESOLUTION OFFERED by Mayor Hyde, the reading of the text was waived by unanimous
consent, passed and adopted by a unanimous vote.
9. RESOLUTION N0.10307 APPROVING SUPPLEMENTAL AGREEMENT NO. 2 TO EXISTING LOCAL
AGENCY-STATE AGREEMENT NO. 11-5203 COVERING FEDERAL AID PROJECTS
(Third Avenue Project; "G" to "K" Streets)
Article II, paragraph 2, of the master agreement provide~ for Supplemental Local
Agency-State Agreement to designate the Federal funds requested with metching funds to
be provided by the State and City. The California Department of Transportation has
prepared Supplemental Agreement No. 2 which sets forth the funding for the Third Avenue
Widening Project.
City Council Meeting -3- October 28, 1980
Staff recommended that Council approve the supplemental agreement and authorize
expenditure of $109,735 for deposit to the State prior to award of the contract.
RESOLUTION OFFERED by Councilman Gillow, the reading of the text was waived by
unanimous consent, passed and adopted by a vote of 4 - 0 with Councilman Scott voting
10. RESOLUTION NO.10308 URGING VOTERS TO VOTE IN FAVOR OF PROPOSITION 8
Citizens for Proposition 8 requested the Council to support Proposition 8 on the
November ballot, indicating the Proposition provides (1) protection of fish, wildlife,
and water resources in Northern California°rivers; and (2) streamlined procedures to
handle any litigation brought against the Peripheral Canal to avoid unwarranted delays.
Councilman Cox reported that the Legislative Committee considered this Proposition and
it is their recommendation the Council support it based on recommendations and
information from the Metropolitan Water District and also the San Diego County Water
Authority, and noting it would expedite delivery of water to Southern California by
establishing procedures to settle legal disputes more rapidly.
RESOLUTION OFFERED by Councilman Cox, the reading of the text was waived by unanimous
consent, passed and adopted by a unanimous vote.
lla. REPORT ON NEGOTIATED PROPERTY TAX DISTRIBUTION - McCANN-GREENWOOD REORGANIZATION
b. RESOLUTION NO.10309 ACCEPTING NEGOTIATED PROPERTY TAX EXCHANGE RELATING TO
JURISDICTIONAL CHANGE - McCANN-GREENWOOD REORGANIZATION
The McCann-Greenwood Reorganization has never been completed due to the City's and the
County's inability to arrive at a tax distribution formula. Negotiations with the
County in recent days have developed a percentage distribution of taxes between the
City and the County that County staff is now ready to recommend to the Board of
Supervisors.
Assistant City Manager Asmus discussed the formula, noting the City will receive in
excess of 27% of all taxes from the property as compared to the 13.57% received from
the ADMA annexation. He said staff is not ready to accept this distribution in all
instances, but felt it is appropriate for the McCann-Greenwood property and
recommended approval.
Ms. Catherine McCann (owner) said they are faced with an emergency situation as the
prospective buyers have set a deadline for purchase of the property which is contingent
on the completion of the annexation.
RESOLUTION OFFERED by Councilman Scott, the reading of the text was waived by unanimous
consent, passed and adopted by a unanimous vote.
COnTInueD HATTERS AND SECOND R~ADING OF ORDINANCES
12. RESOLUTION NO.10310 ACCEPTING BIDS, AWARDING CONTRACT AND AUTHORIZING EXPENDITURE OF
FUNDS FOR WINDOW COVERINGS IN CITY HALL (Continued from the
meetings of October 14 and 21, 1980)
When this item was first presented for consideration, Council suggested an alternative
to the original recommandation. This alternative would provide mini-blinds in all of
City Hall except for the Council wing, which would have drapes. The item was continued
as negotiations were required with both California Canvas and Sears. The Purchasing
Agent contacted both companies and staff recommended that (1) the contract for
installation of mini-blinds be awarded to California Canvas and the contract for drapes
be awarded to Sears; and (2) the expenditure of $5,670 be authorized from City Hall
Renovation Fund.
RESOLUTION OFFERED by Councilwoman McCandllss, the reading of the text was waived by
unanimous consent, passed and adopted by a unanimous vote.
13. REPORT ON GOLF COURSE JOGGING TRAIL MATERIAL
In July, 1980 the Council accepted the Ad Hoc Committee's report on the golf course
jogging and equestrian trail and requested that an alternative paving material be
investigated.
City Council Meeting -4- October 28, 1980
In a written statement, Director of Parks and Recreation Hall reported that after
surveying joggers, sports stores, Southwestern College and the YMCA, a list of
materials was compiled and evaluated. Considering the terrain, joggers' preference,
construction and maintenance costs, a graded surface with stone chips appears to be the
best surface; therefore, it was recommended the Council authorize construction of the
trail and approve substitution of hard packed dirt stabilized by stone chips for the
decomposed granite surface specified in the plans.
MSUC (Scott/Hyde) that the report be accepted.
14. ORDINANCE NO. 1925 ESTABLISHING SPEED LIMITS ON BAY BOULEVARD BETWEEN "L" STREET AND
PALOMAR STREET - SECOND READING AND ADOPTION
The 40 mph speed limit has been in effect on Bay Boulevard for eight months with no
reported problems. The ordinance was placed on first reading at the meeting of October
21, 1980.
IT WAS MOVED by Councilman Scott that the ordinance be placed on second reading and
adopted and that the reading of the text be waived by unanimous consent. The motion
carried unanimously.
15. ~I~RT(S) OF TME CIT~A~R
a. REPORT ON INCREASE OF MEMBERSHIP DUES FOR NATIONAL LEAGUE OF CITIES
Beginning January 1, 1981 Chula Vista's membership dues in the National League of
Cities will increase from $1,450 to $1,813. The Council asked staff to evaluate the
services provided by the League and recommend whether the membership should be renewed.
Based on investigation and evaluation, staff recommended the Council approve membership
renewal.
MSUC (Cox/McCandliss) that the report be approved.
b. REPORT ON ADMINISTRATIVE STRUCTURE FOR CONTINUATION OF AUTOMATED REGIONAL JUSTICE
INFORMATION SYSTEM (ARJIS)
As the result of staff's input, the ARJIS Joint Powers Agency Committee (members of the
Comprehensive Planning Organization Board) modified some provisions of their original
proposal.
After evaluating the alternatives, the City Manager recommended that the Council (1)
reaffirm its desire to participate in ARJIS; (2) reject both alternatives suggested by
the Committee; and (3) indicate the City's desire to: (a) create a separate joint
powers authority unrelated to CPO; (b) appoint a board of directors of the new joint
powers authority composed of the City Manager of San Diego City, the County Chief
Administrative Officer, and three other city managers selected by the San Diego County
City Managers' Association; (c) require the Board to contract with an appropriate
agency for necessary administrative staff; and (d) require the Board to contract with
an appropriate entity to provide staff and computer equipment to maintain and operate
the system.
Council discussion ensued with staff regarding (1) the difference between this proposal
and the original concept; (2) the proposal has been distributed to the cities for
consideration of a Joint Powers Agre~nent and no alternatives had been suggested; (3)
concern that action at this time may be premature; (4) suggestion that another proposal
should be given to the Comprehensive Planning Organization.
IT WAS MOVED BY Councilman Scott that this item be continued until after the next CPO
meeting to see if alternatives can be presented at that meeting by the City of Chula
Vista or some other political body.
The motion died for lack of a second.
M~yor Hyde spoke in favor of having the CPO act as the ARJIS Board as being the most
appropriate body to perform this function.
MS (Cox/Hyde) that the recommendations of the City Manager be accepted as outlined in
his memorandum.
City Council Meeting -5- October 28, 1980
Mayor Hyde expressed his concern that the system is an important function involving the
entire region with policy matters that should be handled by elected officials, and
stated he felt offering alternatives at this time would not be a wise move. Ite asked
if the intent of the motion is for the Council to adopt the recommendation of the City
Manager as the Council's proposal for the ARJIS plan and send it forward to CPO for
their consideration at this time.
Councilman Cox said this was the intent of his motion.
}~yor Hyde spoke against the motion, stating it does not have the support of city
managers as a group and he is not aware of any support from member agencies. He
reiterated the importance of having elected officials as the Board of Directors.
THE MOTION CARRIED by a vote of 4 - 1 with Mayor Hyde voting "no."
MS (Scott/Cox) that the other cities be informed of the action taken and give them the
position paper on the action, and that a representative from the staff present the
Council's position to the CPO at their next meeting.
THE MOTION CARRIED by a vote of 4 - 1 with Mayor Hyde voting "no."
c. City Manager Cole requested an Executive Session for possible litigation.
MSUC (McCandliss/Cox) that an Executive Session be held at the conclusion of the agenda
as requested.
d. Mr. Cole referred to the Council Tour scheduled for November 15. He asked if the
Council would like to indicate any ideas or desires for the tour.
Council discussion ensued with suggestions for a walk through The Glenn, a tour of the
Bayfront, including the area where the Port District is planning a recreation vehicle
park, and a suggestion that consideration be given to having the Port District provide
a beach area.
MSUC (Hyde/McCandliss) that a portion of the Bayfront be included in the tour.
e. At the City Manager's request, Director of Planning Peterson outlined the itinerary for
the tour to Orange County on Thursday, October 30: The Tour will start at the Civic
Center at 8:00 a.m. and arrive in Orange County at 11;00 a.m. for a meeting with a
members of the Board of Supervisors; a presentation will be made by their staff with a
question and answer period followed by lunch; further discussion and a visit to three
inclusionary housing sites and a meeting with developers on site; return to the Civic
Center about 5:00 p.m.
REPOIT$ OF CITY OFFICERS AND DEPAI~NTREADS
16. REPORT ON COOPERATION AGREEMENT WITH COUNTY OF SAN DIEGO REGARDING HOUSING BOND ISSUE
The County of San Diego requested the City to enter into an Agreement of Cooperation to
allow the County to market mortgages in Chula Vista resulting from their proposed
mortgage revenue bond issue. The County was notified that the City would only enter
into the agreement if a "fair share" geographical allocation of the mortgages was made.
Subsequently staff informed the Council that the County would make no geographical
allocation.
In accordance with Council direction, the Housing Coordinator investigated potential
participation in the County program by developers and lenders operating in Chula Vista.
In a written statement, the Community Development Director reported that the
investigation and study was completed and that staff recommended the Council not enter
into the Agreement of Cooperation and inform the County that geographical allocation of
mortgages would cause a reconsideration of City participation.
MSUC (Scott/McCandliss) that the staff recommendation be accepted.
17. REPORT ON CONCERNS OF AREA RESIDENTS ON "C" STREET BETWEEN SECOND AND NORTH GLOVER
REGARDING TRAFFIC HAZARD
On September 23, 1980 the Council heard a presentation regarding the traffic hazards
along "C" Street with a petition for the installation of a sidewalk for the safety of
school children. The item was referred to the Safety Com~mission and staff.
City Council Meeting -6- October 28, 1980
In a written report the City Engineer said staff is recommending that Council (1)
direct the Street Division to grade the shoulder along the southerly side of "C" Street
between North Glover and Second Avenue and trim a tree extending into the paved right
of way to provide a walking area for the school children; and (2) direct staff to
consider in the 1981-82 budget a project to improve the sidewalks in this area using
CIP funds and/or investigate the formation of an Improvement Act district to require
the construction of missing improvements.
The Safety Commission accepted the staff recommendation for graded shoulders and
further requested that staff study the alternative of installing a permanent sidewalk.
MSUC (Scott/Gillc~) that the staff report be accepted and staff recommendation
implemented.
18. REPORT ON STARLIGHT YULE PARADE REQUEST
The Town Centre Business and Professional Association requested a waiver of fees and
Police Department assistance for the 18th Annual Starlight Yule Parade to be held
Monday, December 1, 1980 at 6 p.m. In a written statement, the Director of Parks and
Recreation recommended that Council approve the request subject to staff conditions.
MSUC (Cox/Scott) that the request be approved subject to staff conditions.
19. REPORT ON SEPARATE ZONES FOR CONDOMINIUMS AND APARTmeNTS
On June 10, 1980 Council expressed concern about the conversion of apartments to
condominiems and asked staff to evaluate the feasibility of establishing separate zones
for apartments and for condominiums. In a written statement, Director of Planning
Peterson reported the City Attorney has investigated the matter which is now being
considered by the City of San Diego and he has some reservations about this approach.
Mr. Peterson said he is unable to find any rationale to distinguish between apartments
and condominiums from a land use planning standpoint and doubts exclusive apartment
zoning would be effective in bringing about the construction of more apartments. He
recommended that it be determined not to develop separate zones for condominiums and
apartments.
Councilman Scott said he would like to trail this report until there is more
information, both from literature available and from the study being done by the City
of San Diego.
MS (Scott/Gillow) that this report not be accepted, but merely filed, and that the
Council reiterate it would like to have a more detailed report of those actions of the
City of San Diego and whatever information may be derived at a later date.
Mayor Hyde suggested that the Council ask for input from the South Bay Board of
Realtors, the Chamber of Commerce and from local developers. Councilman Scott included
this in his motion. Councilman Gillow agreed and the MOTION CARRIED unanimously.
20. REPORT ON LIBRARY CABLE TELEVISION
In August 1980 the Council expressed interest in what obligations Mission Cable has to
the City of Chula Vista. The City Librarian submitted a written report noting the
terms of the franchise agreement and discussed the following options available to the
City: (1) a dedicated government channel for Chula Vista; (2) shared (inter-municipal)
government access channel; (3) "composite" shared channel; and (4) in-house facility.
He stated a moderate amount of staff time would be necessary to continue this
investigation.
MSUC (Hyde/Cox) that the report be accepted.
I'~AYOR*S REI*ORT
a. Mayor Hyde said there is a vacancy on the Board of Appeals. He appointed John
Winkelman to this vacancy.
MSUC (Scott/Cox) that the appointment be ratified.
b. Mayor Hyde said he has appointed Clifford Roland to the Board of Ethics and asked for
ratification.
City Council Meeting -7- October 28, 1980
MSUC (Cox/}~cCandliss) that the appointment be ratified.
c. Mayor Hyde stated he has appointed Doris Moore to the Library Board of Trustees and
asked for ratification.
MSUC (Cox/Gill~) that Ms. Moore's appointment be ratified.
d. Mayor Hyde referred to the memorandum from the City Attorney concerning access to the
Chula Vista Woods Subdivision and requesting Council direction as to whether the matter
should be set for public hearing again.
MS (Hyde/McCandliss) that this matter be referred to the City Manager for study and
report back to the Council.
In response to a query from Councilrm~n Scott, Mr. Cole said he has not contacted or
discussed the access with the Engineering Department, but there appears to be a public
purpose being served by acquiring the right of way. He said it might be sufficient for
the City to support the Otay Municipal Water District in acquiring the right of way.
b~yor Hyde questioned whether the City should take the initiative on this matter. He
withdrew his motion. Councilwoman McCandliss withdrew the second.
MSUC (Scott/Hyde) that no action be taken on the note from the City Attorney and that
any action would have to come from someone other than the City.
e. Mayor Hyde reported that Mr. Norbert Stein contacted him and discussed the continued
problem of litter at freeway intersections, e.g., 1-805 and "L", 1-805 and "H", etc.
He said it was suggested there might be a number of senior citizens who would be a
volunteer task force to police these areas.
MSUC (Hyde/Scott) that this suggestion be referred to the City Manager to consider
under the City's volunteer program with a report back to the Council.
f. Mayor Hyde reported that the Comprehensive Planning Organization put out a draft
regional transportation plan. A copy was forwarded to all cities and a special
briefing was held on it.
MSUC (Hyde/Scott) that the City Manager schedule an abbreviated version of the
briefing by the Transit Coordinator, with or without the assistance of the CPO staff,
on the draft regional transportation plan.
COUNCIL
Councilman Cox referred to publication of the California League of Cities on sharing
ideas and saving dollars, noting that the September edition had an example of what the
City of Anaheim is doing in trying to expedite the processing of plans in their city
with a program called the "Supper-Stamp Program."
MSUC (Cox/Scott) that this suggestion be referred to the City Manager for a report back
to the Council.
Councilman Gillow noted that Election night is a week from today.
MSUC (Gillow/Cox) that the Council meeting on Tuesday, November 4 start at 6;00 p.m.
MSUC (Scott/Hyde) that the Port District be contacted and asked how they feel about a
beach on the south side of the inner harbor, or other suitable location.
Mayor Hyde reported that Hr. Norm Black has determined he will be unable to take the
time to serve on the San Diego Transit Board and Chula Vista needs another nominee to
recommend to the City of San Diego. He asked for suggestions from the Council.
City Council Meeting -8- October 28, 1980
HECESS
The Council recessed to the Redevelopment Agency meeting at 10:00 p.m. and the Council
meeting reconvened at 10:02 p.m.
~C~TIVE SESSION
The Council recessed to Executive Session for possible lititation at 10:02 p.m. and the
City Manager reported that the meeting reconvened at 10:25 p.m.
ADJOU~I~NT at 10:25 p.m. to the Council Tour on October 30 and to the meeting scheduled
for Tuesday, November 4, 1980 at 6:00 p.m.
JENNIE bi. FULASZ
City Clerk
Deputy City Cl~rk -