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HomeMy WebLinkAboutcc min 1980/08/19 MINUTES OF A REGULAR CITY COUNCIL MEETING OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. August 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 Scott, Gillow, Cox, McCandliss Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Development Services Administrator Roberts, Director of Planning Peterson, City Engineer Lippitt, Director of Building and Hous~n~ Grady, Director of Finance Grant The Fledge of allegiance to the Flag was led by Mayor Hyde followed by a moment of silent prayer. 1. APPROVAL OF MINUTES MSUC(McCandliss/Cox) that the minutes of the meetings of August 7 and 12, 1980 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY None 3. ORAL CON~4UNICATIONS Hal Coupar Mr. Coupar asked permission to hold a carnival this weekend Chula Vista Jaycees at the "J" Street Marina and that the fees be waived. Motion to approve request MSUC(Scott/Gillow) that the fees be waived and the request subject to staff condi- be approved subject to appropriate staff conditions. tions Jose Godinez Mr. Godinez(with the aid of Mrs. Medina as his interpreter) 941Norstad Street asked that he be permitted to operate his E1Ranchero lunch San Diego truck on a permanent location in the City. This requires an amendment to the City Code. City Atto~ney Lindberg explained that Mr. Godinez has been operating his lunch truck at a stationary location in violation of the City Code and has been taken to Court on two occasions. He stated that apparently the Court Judge has suggested to Mr. Godinez that he make the request to the Council to amend the ordinance. Motion to refer to staff MSUC(Cox/Scott) that this matter be referred to staff with a report back to the Council. 4. WRITTEN COF~UNICATIONS a. REQUEST FOR REPORT ON The Chamber of Commerce requested a report relative to the TOURIST STUDY AND study of the Tourist Consultant hired by the City and ALLOCATION OF BUDGETED whether or not unused funds are still available for visitor FUNDS FOR THE VISITOR development. CENTER Motion to refer to staff MSUC(Scott/McCandliss) that this request be referred to staff. Rezoning of 701 "D" Mayor Hyde referred to Item 12 on the agenda - second reading and 708 "H" Streets of Ordinance No. 1919. He explained for the benefit of scheduled for interested parties in the audience, that until this ordinance September 23, 1980 is in effect, the Council will not consider the related items concerning rezoning of mobile home parks at 701 "D" Street and 708 "H" Street. This has been scheduled for September 23, 1980. Held Tuesday - 7:00 p.m. -2- August 19, 1980 12. ORDINANCE NO. 1919 - b~UC (Scott/Gillow) that Item 12 be moved forward AMENDING CHAPTER 19.27, and considered at this time. }~dP - EXCLUSIVE MOBILE HOME PARK ZONE TO MODIFY THE AREA REGULATION - 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. The motion carried by the following vote, to-wit: AYES: Scott, Gillow, Hyde, Cox, McCandliss Noes: None Absent: None PUBLIC HEARINGS 5. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF opened the public hearing. FOPO~TION OF THE CASA DEL REY REIMBURSEMENT One of the conditions approving the tentative map was that DISTRICT (Continued the developer could seek reimbursement for off-site improve- from July 8 and July ments that benefited other properties. Based on discussions 22 meetings) at the public hearing on July 8 and on meetings held with the applicant and affected property owners, staff recommend- ed several changes in the original proposal to correct valid objections which had been presented. Letter noted for City Engineer Lippitt reported that he received a letter the record this evening from Project Design Consultants concerning facts to consider in determining "excess" costs. Dick Brown Mr. Brown discussed the position of the Gersten Company 10SO Pioneer Way concerning the determination of the costs and referred to E1Cajon Chapter 15.50 of the ~lunicipal Code, Sections 15.50.070 and (Representing the 15.50.080, specifically noting the reference to the require- Gersten Company) ment for the Director of Public Works to prepare and file "an estimate of the excess costs" and for the public hearing notice to include a statement regarding the "estimated or actual excess costs necessary to pay for the public improve- ments,'' which Mr. Brown said was not done. He outlined the public improvements required which the Gersten Company believes are "normal" for this project declaring that only "excess" costs should be distributed to other property owners. Mr. Brown asked that the Council continue the hearing for at least 60 days so they can work with the staff and the proponent to resolve these issues. Craig Beam Mr. Beam stated his opposition to the continuance commenting 22S Broadway that Council input is needed at this point. He stated the San Diego off-site public improvements have been installed by the (Representing Pardee developer at the specific request of the City. Construction Company) Staff suggestion for City Engineer Lippitt suggested that staff prepare an interim report interim report to the Council regarding the "excess" costs and other points brought up by Mr. Brown. Motion to continue ~ISUC (Nyde/McCandliss) that thls hearing be continued for hearing until a period of 30 days during which tlme the staff will pre- September 23, 1980 pare a presentation to the Council on the justification - philosophical or otherwise - for the parameters in deter- mining the identification of excess costs to be spread in this reimbursement district project. Held Tuesday - 7:00 p.m. -3- August 19, 1980 6. PUBLIC HEARING - This being the time and place as advertised, Hayer Hyde CONSIDERATION OF THE opened the public hearing. USE OF EMINENT DO~AIN POWERS FOR ACCESS TO Director of Planning Peterson reported that in the original CHULA VISTA WOODS review of the tentative map (1978), the Council considered SUBDIVISION (WEST OF exercising its power of eminent domain in order to provide BRANDYWINE AVENUE, access to the proposed development, but the proceedings SOUTH OF TELEGRAPH were abandoned when the owner withdrew his request. The CANYON ROAD) property is now under the ownership of Jack Gardner who has been unsuccessful in negotiating with United Enterprises for access to the project. Mr. Peterson recommended against the use of eminent domain based on his belief there is no public purpose to warrant the exercise of this power -- no public safety or welfare involved. He stated that it appears to be a matter of convenience for one property owner over the objections of another property owner. City Attorney Lindberg advised the Council that there is no legal problem with regard to the acquisition of right of way for a public purpose by the use of the powers of eminent domain. Thomas Davies Mr. Davies said the access road would benefit the adjacent 2550 5th Avenue property owner and his client is willing to pay for the San Diego land for a street to be dedicated to the public, and if the (Representing John access is denied, the 20-acre parcel is useless. W. Gardner, Jr. - owner) John Goddard In answer to Council's query, Mr. Goddard said that the 8240 Parkway Drive possibility of taking access north and west of Oleander La Mesa would require a combination of eminent domain and using (Engineers for public property for the road, and would be a difficult Mr. Gardner) grading problem. John Gardner Mr. Gradner said he has made several attempts to purchase 4363 Grace Road property for access to his project. He felt this was a Bonita possibility in working with Mr. Newell, former Chief Admin- (Owner) istrator for United Enterprises; however, since Mr. Newell's death, the present administrator refuses to accept any offer. Rose Patek Mrs. Patek outlined the history of the problem, stating that 1000 Telegraph Canyon Road at no time was United Enterprises in favor of any condemna- Chula Vista tion actions or in granting easements for sewer and drain- (President, United age. She restated the position of United Enterprises -- Enterprises, Inc.) that they should not be forced to give up their land to provide economic benefits to another private property In response to a query from Councilman Cox, Mrs. Patek said they would have no objection to giving access to Mr. Gardner on the west side of their property to Naples Street; however, the sewer easement would still be a problem as it bisects United's property. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Councilman Cox said that utilization of this property can only be made if it has access necessary for development, and this is now a "last resort" of the developer to have the City to exercise its power of eminent domain. Motion for resolution MS (Cox/Gillow) that the Council direct staff to bring to proceed with back a resolution indicating willingness to use the power condemnation of eminent domain to provide access to the subject property. Held Tuesday - 7:00 p.m. -4- August 19, 1980 PUBLIC HEARINGS (Continued) Speaking against the Mayor Hyde spoke against the motion stating he is not motion convinced of the public need for the street as there are no people living there. Councilman Scott said the power of eminent domain should be used only when absolutely necessary and in this case it does not seem appropriate. Motion carried The motion for a resolution passed by the following vote, to-wit: AYES: Councilmen Cox, McCandliss, Gillow Noes: ~ayor Hyde, Councilman Scott Absent: None Resolution will Councilman Scott noted that the motion for a resolution require a 4/5's vote passed by a vote of 3-2; however, the resolution will re- quire a 4/8's vote for adoption. Motion for MSUC (McCandliss/Gillow) that the Council rescind its resolution rescinded previous action. RESOLUTIONS AND ORDINANCES 7. RESOLUTION NO. 10234 - The contract with John B. Reed Construction Company will ACCEPTING THE WORK expire on August 22, 1980. The only portion not completed ON THE PARK WAY is the installation of a folding door that divides the COMMUNITY CENTER activities room. It was recommended that the work be accepted and the City retain $3,000 until the door is installed. Resolution offered Offered by Councilman Gillow, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Gillow, Hyde, Cox, McCandliss, Scott Noes: None Absent: None Motion for letter MSUC (Cox/Hyde) that a letter be prepared for the Mayor's of commendation signature commending the construction company and people involved in this project for their timely development and fine job. 8. RESOLUTION NO. 10235 San Diego Gas & Electric Company requested the City to agree APPROVING AGREEMENT with their plan to convert ail street lights on wooden poles WITH SAN DIEGO GAS & to high pressure sodium vapor, which will save the City ELECTRIC COMPANY FOR approximately $38,S00/year. CONVERSION OF STREET LIGHTS TO HIGH PRESSURE SODIUM VAPOR 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 Cox, McCandliss, Scott, Gillow Noes: None Absent: None 9. RESOLUTION NO. 10236 In accordance with Council direction, a resolution has been SUPPORTING A CALIFORNIA prepared in support of Assemblyman Jim Ellis' request to CONSERVATION CORPS URBAN establish a California Conservation Corps Urban Center to CENTER IN SAN DIEGO AREA serve the South Bay and greater San Diego area to more fully utilize the services of the Corps. Held Tuesday - 7:00 p.m. -5- August 19, 1980 RESOLUTIONS AND ORDINANCES (Continued) Resolution offered Offered by Councilwoman McCandliss, the reading of the text was waived by unanimous consent. Councilman Scott spoke against the motion stating he does not feel there is any justification for another government agency. Resolution adopted The resolution was passed and adopted by the following vote, to-wit: AYES: Councilwoman McCandliss, Mayor Hyde, Councilman Cox Noes: Councilmen Scott, Gillow Absent: None 10. RESOLUTION NO. 10237 There is currently a backlog of about 26 annexations in the URGING BOARD OF County which cannot be processed until agreement on a tax SUPERVISORS TO ADOPT distribution formula is reached. As the fairest distribu- PROPOSED TAX EXCHANGE tion, the cities represented on the task force support a FORMULA formula wherein a city would receive the same ratio of taxes on annexed property as it receives on property already within the city. The formula urged in the resolution was approved by the San Diego County Division of the League of California Cities. 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, McCandliss, Scott, Gillow, Hyde Noes: None Absent: None Councilman Scott noted that some cities have been negotia- ting with the County privately on this matter which is not in the best interest of the cities. He suggested that the Executive Committee of the California League of Cities should point out that the "County is dividing the cities" with private settlements. Motion for Mayor to It was moved by Councilman Scott and seconded by Councilman ask for cooperation Gillow that the Mayor point this out at Executive Committee from all cities through meetings and ask for cooperation. The motion carried by a League of California vote of 4-1 with Mayor Hyde voting "no". Cities 11. ORDINANCE NO. 1920 Since the approval of Proposition 13, the Council is re- SETTING THE TAX RATE FOR quired to annually set the appropriate tax rate for debt FY 1980-81 - FIRST READING service. The Director of Finance recommended that the AND ADOPTION Council set the tax rate of $.029 per hundred dollars of assessed valuation to meet the 1980-81 requirements for the Police Facility Bonds. Ordinance placed on It was moved by Councilman Scott that this ordinance be first reading and placed on first reading and adopted and that the reading of adopted the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Gillow, Hyde, Cox, McCandliss Noes: None Absent: None CONTINUED MATTERS AND SECOND READING OF ORDINANCES 12. ORDINANCE NO. 1919 - (Considered prior to Public Hearings. See motion on AMENDING CHAPTER 19.27, page 2 of the minutes.) MHP - EXCLUSIVE MOBILE HOME PARK ZONE TO ~IODIFY THE AREA REGULATION - SECOND READING AND ADOPTION Held Tuesday - 7:00 p.m. -6- August 19, 1980 13. REPORT OF THE CITY M~AGER a. RECOMMENDED DATE FOR City Manager Cole said representatives from Cadillac COUNCIL TOUR AND Fairview Homes West are willing to make their presentation PRESENTATION ON THE any Saturday in September. Mr. Cole recommended that JANAL RANCH September 13 be scheduled for this tour. Motion to schedule MSUC (Scott/Cox) that the presentation and tour be scheduled tour on September 13 for September t3 at 8:00 a.m. Possibility of bus Development Services Administrator Robens reported that there employee's strike is a possibility of an Aztec Bus employee's strike as of midnight Friday. A meeting with Aztec has been scheduled to discuss the contingency plans to be enacted to provide services by Monday. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 14. REPORT ON THE USE OF In accordance with Council direction on May 6, 1980 the VIDEO EQUIPMENT NOT Director of Building and Housing submitted a written report BEING USED IN THE on the disposition of the video equipment originally pur- COUNCIL CHAMBERS chased for the Council Chambers. Mr. Grady stated that both the Police Department and Library could use this type of equipment and he would recommend that it be placed in the Library to be available to all departments. Motion to accept report MSUC (Scott/McCandliss) that the report be accepted. 15. REPORT ON FEASIBILITY At their Energy Conference on March 13, 1980 the Council OF REQUIRING THE requested a study on the feasibility of requiring 35 p.s.i. INSTALLATION OF PRES- pressure regulators on multi-family dwellings. In a SURE REGULATING VALVES written statement, Director of Building and Housing Grady ON WATER SUPPLY SERVING recommended that this requirement not be adopted as the MULTI-FAMILY DWELLINGS State requirement for low flow equipment and fixtures is adequate. Motion to accept report MSUC (Hyde/Scott) that the report be accepted. 16. REPORT ON PURCHASE OF During budget hearings for FY80-81, Council approved the CITY OF SAN DIEGO'S rebuilding of the City's Mobile sweeper, but directed staff USED STREET SWEEPERS to investigate the purchase of a used sweeper. In a written report, Development Services Adminstrator Robens informed the Council that Street Department personnel inspected the City of San Diego street sweepers and it was determined that it would not be practical for the City to purchase them. It was recommended that staff be directed to proceed with rebuilding the 1964 Mobile sweeper. MSUC (Cox/McCandliss) that the report be accepted. 17. REPORT ON MINUTES OF On May 10, 1980 the Council directed the City Clerk to CITY MEETINGS prepare a report on the structure of the minutes of Council, Boards, Commissions and Committee meetings. Concern centered on the cost and staff time expended in preparing minutes. The City Clerk and Director of Policy Analysis and Program Evaluation submitted a detailed report to the Council recommending that the Council (1) approve the minute format as presented for Council meetings; (2) direct staff to use the same format as a general guide for all minutes, allowing particular flexibility for Planning Commission meetings; and (3) direct the City Clerk to provide ~ follow-up report in December 1980 on the new procedures. Motion to try new It was moved by Councilman Scott and seconded by Councilman format for three Gillow that the new minute format be tried for a three- months month period. Held Tuesday - 7:00 p.m. -7- August 19, 1980 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS (Cont.) Suggestion for amendment Mayor Hyde suggested that the now motion be amended to to motion include the recommendation of the City Manager to forward the suggested minute £ormat to the various Boards and Commissions For their comment. Motion re-stated It was moved by Councilman Scott, seconded by Councilman Gillow and unanimously carried that the staff recommenda- tion be accepted and to include sending the recommendation to the Boards and Commissions and have the City Council minutes done prior to the report from the Boards and Commis- sions; and have a £inal report back in three months as to how it is going. REPORTS, REQUESTS AND RECOMMENDATIONS FROM BOARDS, COMMISSIONS AND COMMITTEES 18. CRIME PREVENTION The Crime Prevention Committee requested the expenditure COMMITTEE REQUEST o£ $300 to cover the cost o£ "Neighborhood Watch" advertise- FOR FUNDS ments for a three-month trial period with the Chula Vista Star-News. Motion to approve MSUC (Scott/Hyde) that the recommendation be accepted and a request of Crime resolution brought back. Prevention Committee William (Pete) Edwards Mr. Edwards questioned the expenditure of funds by the 747 Monserate Avenue committee when the Police Department has been operating a Chula Vista Neighborhood Watch program for some time. Chula Vista Taxpayers Association Councilman Gillow responded to Mr. Edwards concerns and explained that the Crime Committee is working closely with the Police Department and augmenting their efforts in crime prevention without having a duplication of effort. MAYOR'S REPORT Ad hoc committee set Mayor Ityde reported he attended a meeting of coastal cities up to assist cities to discuss the implementation o£ the Coastal Act. He said with Local Coastal Plans an ad hoc committee has been set up to aid cities in the preparation of Local Coastal Plans. Program for grant Mayor Hyde said that the Comprehensive Planning Organization assistance approved approved the request of Chula Vista that a grant assistance by CPO service be established on a nine-month trial basis. COUNCIL COMMENTS Suggestion for study Councilman Scott noted that in 1968 several commissions were of Boards and Commissions established. He suggested that a study should be made to see what the functions of the various Boards and Commissions are and whether or not they are necessary. b~tion for ad hoc MSUC (Scott/McCandliss) that a committee be formed to study committee the Boards and Commissions to see what their functions are or should be - an ad hoc committee with a life span of six months. Budget deliberations Councilman Gillow suggested that due to the time involved, that budget preparations begin ~n .January with informal meetings on policy matters. Motion to start budget HSUC (Gillow/Scott) that staff prepare a plan for doing the planning in January budget sessions in some manner beginning in January. Mayor Hyde suggested that this be a topic at a Council Conference discussion. Held Tuesday - 7:00 p.m. -8- August 19, 1980 COUNCIL COMMENTS (Cont.) Motion to include ad hoc MS (Gillow/C0x) that the City's committees be included in committee members Jn the annual banquet as well as Boards and Commissions. annual banquet Substitute motion for MSUC (Scott/Gillow) that a report be brought back on report carried how many ad hoc committees there are and how much money was budgeted for the banquet and what the total cost would be to include the committee members. Report on AB 2853 Councilman Cox reported that the Legislative Committee sent a letter to the Senate Local Government Committee supporting an amendment to Assembly Bill 2853 regarding cities' "fair share" of regional housing demands to remove the burden of proof from the city when a challenge is brought as to the "fair share determination." Concern regarding Councilman Cox referred to locations in the City that are 1911 Act street in need of 1911 Act street improvements. He asked what improvement the status is of these areas. Report to be made in City Engineer Lippitt said that based on the CIP program three months for this year, staff is studying all locations and will have a report ready in about three months. Discussion of evaluation Councilwoman McCandliss expressed her concern regarding the of regional social evaluation of various social service agencies and asked if services this would be an appropriate thing for the CPO to do. Mayor Hyde explained the function of the CPO and said he will discuss this further with Councilwoman McCandliss. ADJOURNMENT Mayor Hyde adjourned the meeting at 9:50 p.m. to the meeting on Tuesday, August 26, 1980 at 7:00 p.m. JENNIE M, FULASZ, CMC CITY CLERK Deputy City Clerk