HomeMy WebLinkAboutcc min 1986/03/04 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, March 4, 1986 Council Chamber
4 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT Mayor Cox; Councilmembers Malcolm, Moore,
Scott, McCandliss
MEMBERS ABSENT None
STAFF PRESENT City Manager Goss, Assistant City
Manager Asmus, City Attorney Harron
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
The Pledge of Allegiance to the Flag was lead by Mayor Cox
followed by a Moment of Silent Prayer.
1. APPROVAL OF MINUTES for the meetings of February 13, 18 and
25, 1986.
MSUC (Moore/Scott) to approve the minutes. (Councilwoman
McCandliss abstained on the minutes of February 18 due to her
absence from that meeting.)
2. SPECIAL ORDERS OF THE DAY -
City Manager Goss presented a plaque commending Gene Grady,
Building & Housing Director, as "1985 Building Official of the
Year" by the State Association of Building Officials.
3. WRITTEN COMMUNICATIONS
a. CLAIMS AGAINST THE CITY -
Richard Gray
%Michael D. McGlinn, Attorney at Law
401 West "A" Street, Ste. 1300
San Diego, CA 92101
The claimant, Mr. Gray, alleged he was fired upon by an
off-duty Deputy Sheriff and an off-duty San Diego Police
Officer on October 28, 1985. His automobile was impounded by
the Chula Vista Police Department who responded to the
incident and who allegedly "tampered" with it to "conceal
some bullet impacts on the car."
Minutes - 3 - March 4, 1986
PUBLIC HEARING TO DETERMINE NECESSITY TO ACQUIRE REAL
PROPERTY FOR THE CONSTRUCTION OF THE
TELEGRAPH CANYON CREEK FLOOD CONTROL
PROJECT (Continued from February 18, 1986)
RESOLUTION 12398 DECLARING THE PUBLIC NECESSITY FOR THE
ACQUISITION OF REAL PROPERTY FOR THE
CONSTRUCTION OF THE TELEGRAPH CANYON
CREEK FLOOD CONTROL PROJECT AND
AUTHORIZING THE CITY ATTORNEY TO COMMENCE
EMINENT DOMAIN PROCEEDINGS TO ACQUIRE
REAL PROPERTIES OR INTERESTS THEREIN FOR
SAID PROJECT
This being the time and placed as advertised, Mayor Cox declared
the public hearing open.
Councilwoman McCandliss announced she had listened to the tape of
the hearing of February 18, 1986, and is prepared to consider the
item.
On January 21, 1986, Council ordered a public hearing to be held
on February 18, 1986, to determine the necessity to acquire real
property for the construction of the Telegraph Canyon Creek Flood
Control project. At the hearing, Council directed staff to
prepare a report on the feasibility of forming an assessment
district for funding the project. The public hearing was
continued for two weeks to allow time for the preparation of this
report and a summary of the procedures the County followed in the
appraisal of the project's right-of-way.
Right-of-way acquisition costs are estimated to be about
~676,200. Funds are available as of January 29, 1986, in the
following project accounts to cover this cost:
Project Account No. Amount Available
1. 600-6000-RC08 $277,837
2. 600-6000-RC22 290,020
3. 600-6000-RC32 525,000
It was recommended the Director of Finance be authorized to
deposit funds as necessary for security deposits, filing fees and
expert witness fees, court awards and any sums required to be
deposited in court.
Director of Public Works/City Engineer Lippitt submitted
transparencies and noted: the project location, including the
100-year floodplain; the feasibility of forming an assessment
district for funding the project; cost benefit could be charged to
property owners benefitring from the project.
Minutes - 4 - March 4, 1986
In answer to Councilwoman McCandliss' questions, Betty Burke,
representing the County of San Diego Real Property Department,
explained the procedures followed by the County in the appraisal
of the needed rights-of-way. The compensation values varied for
each parcel; however, the cost approach was used in determining
value improvements to be acquired for Telegraph Canyon Road.
Severance damages were also considered, specifically in the case
of the retaining wall which will be erected behind one parcel
reducing that property's value.
Mr. Warren Hegstrom, representing the U.S. Army Corps of
Engineers, shared the City's concern about the increased project
cost of $8.9 million. As federal funding is allocated on a
first-come-first-serve basis, it would be to the City's advantage
to expedite filing the application. He noted the $30 million
Federal funding limitation and anticipated $50 million in funding
requests.
Mr. Pat Barajas, 375 "J" Street, Chula Vista, questioned why he
was not notified of the public hearing since he owns property
within the project area. In response, Mayor Cox indicated the
hearing involves only 19 parcels whose owners have not accepted
the City's offer.
Discussion ensued regarding construction of a bridge up to
Hilltop; expense to construct bridge due to gas line extending to
the SDG&E power plant; removal of the Fifth Avenue bridge;
formation of an assessment district; City is without revenue
sharing; responsibility of property owners along this project to
finance benefits.
Mayor Cox remarked property owners should be willing to dedicate
their parcels located within the flood channel. Through the
formation of an assessment district, $676,000 could be reimbursed
to the City; however, he noted the time constraints involved in
setting up such a district and the Council's commitment to former
Montgomery residents as outlined in the "position paper." The
only savings to the City would be 25% of the ~676,000 right-of-way
costs, or ~170,000. If an assessment district is formed in a
year, the City could more than lose in increased construction
costs due to the time element.
Councilman Malcolm interjected his intent is not to assess small
property owners, but the City should pursue the formation of an
assessment district in order to hold large corporations owning
property in the area responsible for benefits the project will
bring.
In response to the Mayor's question, City Attorney Harron advised
the City can buy the land and sell it to the assessment district
for reimbursement, but'this would have to be done prior to putting
in improvements.
There being no further public testimony, either for or against,
the public hearing was declared closed.
Minutes - 5 - March 4, 1986
Council discussion involved lack of foresight in forming an
assessment district in the area prior to this time. It was noted
the project was located in two separate jurisdictions and the
outcome of the Montgomery annexation was unknown.
City Manager Goss remarked ~2.3 million of City share is made up
of Block Grant monies, Redevelopment Agency monies, and the
remainder from residential tax funds. Staff is investigating
additional funds required since the Montgomery annexation as well
as other sources of revenue such as CIP. He noted approval of the
formation of an assessment district would require a 4/5s vote.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved. (Councilman
Malcolm opposed.)
5. PUBLIC HEARING BAYFRONT NATURE INTERPRETIVE CENTER PLAN
(Community Development Director)
RESOLUTION 12399 AUTHORIZING THE ISSUANCE OF A COASTAL
DEVELOPMENT PERMIT FOR THE BAYFRONT
NATURE INTERPRETIVE CENTER
Community Development Director Desrochers reported the
Redevelopment Agency is developing the Nature/Interpretive Center,
to be dedicated on October 17, 1986, the City's 75th birthday.
This project is being funded by the Redevelopment Agency with the
assistance of a grant from the Coastal Conservancy. Grading
should occur on April 11 with construction to begin on May 12,
1986.
If the Council accepts staff's recommendation to issue the permit,
the City's action would become final 21 days from this hearing
date unless an appeal is filed with the State Coastal Commission
within 10 working days following this hearing.
Director Desrochers recommended the Council find the proposed
Nature Interpretive Center consistent with and adequate to carry
out the policies of the certified Chula Vista Bayfront Local
Coastal Program and issue a coastal development permit for said
proposal subject to conditions.
This being the time and place as advertised, the public hearing
was declared open.
There being no public testimony, either for or against, the public
hearing was declared closed.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
Minutes 6 March 4, 1986
6. PUBLIC HEARING PCA-86-5; CONSIDERATION OF AN AMENDMENT
TO TITLE 19 OF THE MUNICIPAL CODE TO
INCLUDE THE 1985 MONTGOMERY ANNEXATION
AREA IN THE DESIGN REVIEW PROCESS
(Director of Planning)
ORDINANCE 2142 AMENDING TITLE 19 OF THE CHULA VISTA
MUNICIPAL CODE TO INCLUDE THE 1985
MONTGOMERY ANNEXATION AREA IN THE DESIGN
REVIEW PROCESS - FIRST READING
On December 17, 1985, staff recommended that an amendment to the
Municipal Ordinance requiring design review provisions for
Montgomery be considered, rather than the Precise Plan Modifying
District. Prior to Council consideration of an amended ordinance,
the report recommended referral of the matter to the Montgomery
Planning Committee for review and comment.
Planning Director Krempl reported:
1. The proposal to amend the ordinance was presented to the
Montgomery Planning Committee on January 2, 1986. Planning
Committee members agreed at that time to the design review
requirement.
2. The Environmental Review Coordinator has found that the
proposed ordinance amendment is a non significant activity
under Section 2.4.3.2 of the Environmental Review Procedures
of the City of Chula Vista.
3. The Planning Commission at its meeting of February 13, 1986,
recommended approval of the proposed ordinance.
Director Krempl recommended Council enact an ordinance amending
Title 19 of the Municipal Code to require multiple-family
residential projects, major use permit, commercial and industrial
projects within the 1985 Montgomery annexation area to undergo
review and approval by the Design Review Committee.
Councilwoman McCandliss expressed concern that a zoning text
amendment might be construed as a change in the zoning text. In
response, Director Krempl noted this is considered only a
fundamental change in the zoning text which would not alter zoning
on the use of the property.
This being the time and placed as advertised, Mayor Cox opened the
public hearing.
There being no public testimony, either for or against, the public
hearing was closed.
MSUC (Malcolm/Moore) to place the ordinance on first reading, the
reading of the text was waived by unanimous consent, passed and
'approved unanimously.
Minutes - 7 - March 4, 1986
7. ORAL COMMUNICATIONS
Mr. Frank Coombs, stated he recently purchased property at 231
Third Avenue. The former owners were offered the opportunity to
share the cost of alley improvements behind the property.
However, the City is requiring him, as the new owner, to pay the
entire cost. Therefore, he requested he be granted "grandfather"
privileges which would allow him to participate in sharing these
costs, rather than paying the entire costs.
MSUC (McCandliss/Scott) refer to staff and the Redevelopment
Agency for consideration.
Mr. Pat Barajas, 375 "J" Street, Chula Vista, questioned which
jurisdiction his property in the recently annexed Montgomery area
was now under and what zoning requirements he should follow.
In response, Mayor Cox stated this property falls under Chula
Vista's jurisdiction; however, County zoning requirements would be
applicable for the next year.
CONSENT CALENDAR (8 - 13)
Items 8 and 13 pulled.
MSUC (Cox/McCandliss) to approve the Consent Calendar.
8a. RESOLUTION ACCEPTING GRANT OF EASEMENT FROM LOUIS
GUILLEMETTE FOR STREET PURPOSES ALONG THE
EASTERLY RIGHT-OF-WAY LINE OF LAS FLORES
DRIVE SOUTH OF "D" STREET, DEDICATING AND
NAMING SAID STREET LAS FLORES DRIVE
(Director of Public Works/City Engineer)
b. RESOLUTION ACKNOWLEDGING IRREVOCABLE OFFER TO
DEDICATE REAL PROPERTY FOR STREET
RIGHT-OF-WAY ALONG MINOT AVENUE, AND
DECLINING SAID OFFER, HOWEVER, RESERVING
THE RIGHT TO ACCEPT IT AT SOME FUTURE DATE
c. RESOLUTION ACCEPTING GRANT OF EASEMENT FROM LOUIS
GUILLEMETTE FOR STREET TREE PURPOSES
ALONG MINOT AVENUE AND LAS FLORES DRIVE
SOUTH OF "D" STREET
(Pulled from Consent Calendar.)
9. RESOLUTION 12400 PROPOSING A CHANGE IN THE BOUNDARY OF
OPEN SPACE LOT NO. 115 IN RANCHO
ROBINHOOD SUBDIVISION AND SETTING THE
DATE FOR A PUBLIC HEARING THEREON
(Director Of Public Works/City Engineer)
Minutes 8 - March 4, 1986
On December 17, 1985, the Council accepted a report on the sale of
open space at the rear of a property along Surrey Drive. It
included the recommendation to direct staff to initiate
relinquishment of the City's interest in a portion of its open
space easement in Rancho Robinhood Subdivision. The City Council
must first hold a public hearing to make changes within an Open
Space District in accordance with Chapter 17.08 of the City Code.
It was recommended Council set March 25, 1986, for the public
hearing.
10. RESOLUTION 12401 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND PRC ENGINEERING FOR
CONSULTING SERVICES FOR THE FUEL
EFFICIENT TRAFFIC SIGNAL MANAGEMENT
PROGRAM AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (Director of
Public Works/City Engineer)
Recently, the City was awarded a $42,000 Fuel Efficient Traffic
Signal Management Program grant to retime 40 signalized
intersections. These intersections are currently controlled by
the City's computerized signal interconnect system. Consultant
expertise and assistance is necessary to develop the required
optimized traffic signal timing plans for this program. The
consulting firm of PRC Engineering has been selected to provide
this service to the City.
11. ORDINANCE 2141 APPROVING PCZ-86-A FOR THE PREZONING OF
APPROXIMATELY 566 ACRES AS "F-l"
(FLOODWAY ZONE) AND "A-8" - SECOND
READING AND ADOPTION (Director of
Planning)
The City of Chula Vista, on behalf of certain property owners,
initiated the reorganization of approximately 566 acres of
territory, generally located between the Otay River and the
easterly extension of the Palm Avenue right-of-way, and between
1-805 and the westerly line of the Rancho Otay, in the City of San
Diego, with the Local Agency Formation Commission. This proposed
reorganization, called the "Otay Valley-Palm Avenue
Reorganization," involves the deannexation of the subject acreage
from the City of San Diego, and the annexation of the said acreage
to Chula Vista. The proposed General Plan amendment and prezoning
would enable these processes to move forward.
This ordinance was placed on first reading on February 25, 1986.
Minutes - 9 - March 4, 1986
12. REPORT REQUEST FOR FOOD CO-OP AT LAUDERBACH
CENTER (Director of Parks & Recreation)
Metro Food Project, Inc., 810 "E" Street, Chula Vista, is
requesting permission to operate a food co-op at the Lauderbach
Center, 333 Oxford Street, Chula Vista. This program would be
conducted on the first Friday of each month. The Commission on
Aging, at their meeting of February 19, 1986, endorsed the Metro
Food co-op project at Lauderbach Community Center.
City Manager Goss noted an overstatement in staff's report
pertaining to City assistance in the periodic transportation of
perishables by department staff. This will only occur in dire,
emergency situations.
13. REPORT REGARDING REQUEST FOR RATE INCREASE BY
CHULA VISTA SANITARY SERVICE (Director of
Finance)
(Pulled from Consent Calendar.)
END OF CONSENT CALENDAR
8a. RESOLUTION 12402 ACCEPTING GRANT OF EASEMENT FROM LOUIS
GUILLEMETTE FOR STREET PURPOSES ALONG THE
EASTERLY RIGHT-OF-WAY LINE OF LAS FLORES
DRIVE SOUTH OF "D" STREET, DEDICATING AND
NAMING SAID STREET LAS FLORES DRIVE
(Director of Public Works/City Engineer)
b. RESOLUTION 12403 ACKNOWLEDGING IRREVOCABLE OFFER TO
DEDICATE REAL PROPERTY FOR STREET
RIGHT-OF-WAY ALONG MINOT AVENUE, AND
DECLINING SAID OFFER, HOWEVER, RESERVING
THE RIGHT TO ACCEPT IT AT SOME FUTURE DATE
c. RESOLUTION 12404 ACCEPTING GRANT OF EASEMENT FROM LOUIS
GUILLEMETTE FOR STREET TREE PURPOSES
ALONG MINOT AVENUE AND LAS FLORES DRIVE
SOUTH OF "D" STREET
Councilman Scott noted he had a possible conflict of interest
since his brother-in-law formerly owned a residence in the area,
his niece currently lives on Minot, and he has done over $250
worth of business with a client currently residing on Minot Avenue.
(Councilman Scott left the dais at this time.
On April 16, 1985, Tentative Parcel Map 85-10 was conditionally
approved by the Engineering Department and the Planning
Department. Among th~ conditions of approval were requirements
for the owner to grant easements for street purposes in Las Flores
Minutes - 10 - March 4, 1986
Drive and street tree purposes and that the owner make an
irrevocable offer of dedication of public right-of-way. These
grants of easements and offer of dedication are now before the
City Council for approval.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved. (Councilman
Scott abstained. )
(Councilman Scott returned to the dais at this time.)
13. REPORT REGARDING REQUEST FOR RATE INCREASE BY
CHULA VISTA SANITARY SERVICE (Director of
Finance)
Councilman Scott, noting the FPPC advised he does not have a
conflict of interest on this item, abstained from voting due to
concerns of others and left the dais at this time.
Chula Vista Sanitary Service (CVSS) requested a rate increase of
6.5% to be effective April 1, 1986. This is the first request for
a rate increase pursuant to Ordinance No. 2104 which was adopted
by the City Council on March 5, 1985 and extended the term of the
CVSS franchise agreement.
It was recommended that the City Manager approve the requested
rate increase and that the City Council not call for a public
hearing based on the facts that:
1. The proposed service rates are competitive with other cities
in the County, and
2. The request for a rate increase has been made in accordance
with City Ordinance No. 2104 which sets out the procedures
for a rate increase.
In answer to Councilwoman McCandliss' question, Finance Director
Christopher explained the Consumer Price Index (CPI) is a measure
in the change in the ~ of a broad cross-section of goods and
services and insurance is one of 300 items used for calculation of
the (CPI).
Director Christopher pointed out staff felt the rate increase was
justified due to the extraordinarily high increase in insurance
costs (from $205,000 in 1985 to $334,000 in 1986). He added the
intent of CVSS was to indicate that they were asking for an
increase on insurance in order to keep within the maximum increase
set forth in the City's ordinance.
MSC (Cox/McCandliss) to accept the report. (Councilman Scott
abstained. )
(Councilman Scott returned to the dais. )
Minutes - 11 - March 4, 1986
14. REPORT OF THE CITY MANAGER
a. A teleconference sponsored by the Federal Emergency
Management Agency will be held on March 12 at 8 a.m. in the
Library concerning residential fire sprinkler systems.
b. City Manager Goss commended the Parks & Recreation Department
for their efforts in obtaining a competitive $320,000 State
grant for improvements to Rohr Park.
c. The Planning Department estimates the City's current
population to be 118,604 residents--it is anticipated the
State will officially substantiate this figure.
15. MAYOR'S REPORT
a. Mayor Cox announced the possibility of holding a summer
concert at the "J" Street Marina featuring the San Diego
Symphony. Through Port Commissioner Phil Creaser, it was
learned the Port District has agreed to finance the $16,000
concert if the City will pick up the incidental costs (i.e.,
Police protection, portable restroom facilities, additional
sound system) of approximately ~5-10,000.
MSUC (Cox/McCandliss) to approve the City of Chula Vista's
participation with the Port District in bringing the Symphony for
a summer concert at the "J" Street Marina.
b. The Mayor noted the number of requests for the Second Harbor
Entrance slide show presentation by various organizations.
This has conflicted with presentations of the City's
promotional slide show due to having only one projector for
the showings. Funds are available in an allocation for the
slide show production and the cost has been reduced to $3,900
for a Voyager projector.
MSUC (Cox/Moore) authorize purchase within the money already
budgeted for the Second Harbor Entrance presentations to acquire a
second projector as a back-up.
16. COUNCIL COMMENTS
a. MSUC (Malcolm/Moore) for a Closed Session (at the end of the
business meeting) for pending litigation (Sierra Club vs.
Coastal Commission) and discussion of the Section 404 permit.
b. Councilman Moore remarked the 75th Diamond Anniversary
Committee may be of assistance with the proposed summer
concert presented by the San Diego Symphony.
c. Councilman Moore offered the 75th Diamond Anniversary
Committee's assistance to staff in the City-wide clean-up
efforts.
Minutes - 12 - March 4, 1986
d. Councilman Moore asked that staff report back on the
residential cleanup of hazardous waste. He suggested the
sanitation service could assist in this clean-up.
e. Mayor Cox commended Co-Chairmen Moore and Tarantino for the
75th Diamond Anniversary kick-off ceremony held on Sunday,
March 2.
f. Mayor Cox noted representatives from Greenwald/McDonald,
SDG&E, and Rohr Industries were asked their interest in
pursuing an overall landscaping plan on Bay Boulevard from
"F" to "L" Streets. (Greenwald/McDonald Company is currently
developing landscaping plans in this area.)
It was moved by Mayor Cox to direct staff to develop a concept
plan for landscaping the Bay Boulevard corridor from "F" Street to
"L" Street and come back with a cost analysis at budget time of
what it would take as a CIP item to put in the balance of the
missing public improvements on Bay Boulevard from "F" to "L"
Streets.
Councilman Moore stated this should be referred to the
Redevelopment Agency since the corridor is within the
redevelopment area.
AMENDMENT TO MOTION
MSUC (Cox/Moore) to refer this to the Redevelopment Agency.
City Attorney Harron introduced Ann Moore, the new Deputy City
Attorney.
The Council recessed to Closed Session at 6:05 p.m.
ADJOURNMENT AT 6:42 p.m. to the meetings on Tuesday, March 11,
1986 at 7 p.m. and Saturday, March 15, 1986, at 8 a.m.
ie ~.~' dele A. Sarmi
k , C A t
Deputy City Clerk
0754C/as