HomeMy WebLinkAboutcc min 1984/12/04 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF CHULA VISTA, CALIFORNIA
Tuesd~, 7:00 p.m. December 4, 1984
ROLL CALL
Councilmembers present: Mayor Cox, Councilmembers Malcolm, Scott,
Moore
Counci lmember absent: Councilwoman McCandl i ss
Staff present: City Manager Goss, City Attorney Harron,
Assistant City Manager Asmus
PLEDGE OF ALLEGIANCE, SILENT PRAYER
The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment
of silent prayer.
1. APPROVAL OF MINUTES for the meetings of November 19, 20 and 27, 1984
Councilman Moore referred to the minutes of November 27 in which the City
Clerk read "for the record" the letter from Captain Cook on the Navy housing.
Although the letter stated Captain Cook will consider the assignment of both
junior and senior personnel to the Navy Housing, ~ncilman Moore wanted it
stated that later on in the meeting, Captain Cook stated he will assign both
junior and senior enlisted personnel to the completed housing.
MSUC (Cox/Scott) to approve the minutes with this clarification.
2. SPECIAL ORDERS OF THE DAY (None)
3. WRITTEN COMMUNICATIONS
a. COMPLAINT REGARDING TRASH AND GARBAGE DUMPING ON EAST PARK LANE (BETWEEN
HALSEY AND "I" STREET) RUNNING INTO MCDONALD PARKING LOT AND FOR A
NO PARKING SIGN (Mr. and Mrs. Leon Amos)
Mr. and Mrs. Amos registered a complaint about the unsanitary, unsightly
conditions of trash and garbage existing on the street behind their residence
at 640 Ash Avenue. Cars and trucks drive down this street and toss garbage to
the existing dumpsters. The Amos' have had to replace their fence because
people are parking against it and smashing into it. They asked for a "no
parking" sign and for a correction to this problem.
MSUC (Moore/Cox) to refer to staff for review and follow up action by the City
Council.
City Council meeting - 2 - December 4, 1984
b. REQUEST FOR VARIANCE ON SIZE OF LETTERS PROPOSED FOR SIGN FOR CHULA VISTA
PRESBYTERIAN CHURCH (Mrs. Cora S. Cochran)
The request is for a variance in the size of letters proposed for a sign to be
affixed to the north wall of the Church. The Church is proposing to use 18"
letters rather than the lO" letters allowed by the City.
Councilman Moore abstained since he is a member of this Church
City Manager Goss stated a letter has been sent to the Church advising them
the ordinance allows 15-inch letters rather than lO inch. However, since they
are requesting 18 inch letters, they should apply for a variance through the
Planning Department.
MSUC (Scott/Cox) to accept the staff recommendation.
PUBLIC HEARING AND RELATED RESOLUTION
4. PUBLIC HEARING CONSIDERATION OF UTILITY USER 'S TAX {Di rector of
Finance)
a. RESOLUTION 11854 ESTABLISHING THE RATE FOR THE UTILITY USERS' TAX
BETWEEN JANUARY 1 AND JUNE 30, 1985
This being the time and place as advertised, Mayor Cox opened the public
hea ring.
City Manager Goss submitted a report stating the utility user's tax revenue
for the fiscal year 1983-84 was $1,454,048. The budget estimate for 1984-85
i s $1,540,000 based on the present tax rate on tel ephones of 5% and
consumption factors of .0025 for electricity and .00919 for gas.
City Ordinance 1803 approved and adopted by the City Council on June 29, 1978
requires the City Council to review the Utility User's tax rate mid-year and
also at the public hearing adopting the annual budget.
The recommendation is for Council to maintain the present rate.
Mr. Rick Gallegos, 1664 Industrial Blvd, Chula Vista, representing the Chamber
of Commerce stated the Board of Directors voted to u.rge the City Council to
suspend the utility taxes for the next six months in view of the fact that the
City has a budget surplus of over $1 million dollars.
Mrs. Bess Pocklington, 656 Glover Place, Chula Vista stated she is of the same
opinion - with the budget surplus, there is no reason to continue the tax.
Mrs. Pocklington added this would be an appropriate way for the people to get
the surplus funds. The tax could be suspended for six months and then
reviewed after that.
In answer to Mrs. Pocklington's questions, Mr. Christopher, Director of
Finance stated utility companies pay the tax,
City Council meeting - 3 - December 4, 1984
There being no further comments either for or against, the hearing was
declared closed.
Mayor Cox remarked that Saturday, the Council and staff held a meeting which
is the first step in the process of determining goals and what would be a
reasonable surplus. Another meeting will be held January 12, 1985.
Councilman Moore cautioned that once the surplus is spent, it will no longer
be there - this is a one time expenditure. Councilman Scott agreed noting
monies could be spent for improving the roads, traffic control and many of the
items which were deferred after Proposition 13. Councilman Malcolm indicated
the City has a tremendous amount of reserves and money is still coming in - as
for the two sewer items on tonight's agenda.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived
by unanimous consent, passed and approved unanimously.
5. ORAL COMMUNICATIONS (None)
CONSENT CALEND~R (Items 6-7)
MSUC (Moore/Scott) to approve the Consent Calendar
6a. RESOLUTION 11855 ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION
OF SEWER FACILITIES TO SERVE RESTROOM AT ROHR PARK IN
THE CITY OF CHULA VISTA AND APPROPRIATING FUNDS
THEREFOR (Director of Parks and Recreation/Director
of Public Works/City Engineer)
On November 14, 1984 the City Engineer received the sealed bids for the work
which consists in general of constructing sewer facilities which include
excavation and grading, manholes, preservation of property, installation of 8
inch sewer main and sewer laterals.
Staff recommended Counci 1:
1. Appropriate an additional $55,600 from the unappropriated balance of
Park Acquisition and Development Funds.
2. Accept bids and award contract to M. Arrieta and Son, Inc., E1 Cajon
Ilow-bidder) in the amount of $126,487.
6b. RESOLUTION 11856 ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION
OF RESTROOM FACILITIES AT ROHR PARK IN THE CITY OF
CHULA VISTA (Director of Public Works/City Engineer)
On November 14, 1984 the City Engineer received sealed bids for work which
consists of removal and disposal of the existing restroom and slab at Rohr
Park and construction of a new restroom complete in place.
· City Council meeting - 4 - December 4, 1984
Staff recommended Council:
1. Authorize the expenditure of $40,400.
2. Accept bids and award contract to Ken Colburn, E1 Cajon (Low bidder)
in the amount of $36,710.
7. RESOLUTION 11857 APPROVING AGRE~ENT BETWEEN THE CITY OF CHULA VISTA
AND RALPH ANDERSEN AND ~.SSOCIATES FOR RECRUIll~ENT
SERVICES iDEPUTY PUBLIC WORKS DIRECTOR) (City Manager)
The City Manager submitted a written report noting this position became vacant
in February of this year and there is need to obtain a list of qualified
candidates for the position. The City's recent efforts to recruit candidates
for the position has not been successful and professional assistance is needed.
The services proposed under this contract are only for the recruitment, and
the selection process will be totally under the supervision and performance of
City staff. The firm recommended to perform the work, Ralph Andersen and
~Gsociates, is the same firm used in the successful recruitment of the present
Planning Director. The firm has a long and successful record of performing
recruitment and selection for various high level positions in government and
the private sector.
The cost of the professional services will be 54,500, plus reimbursement for
out-of-pocket expenses which should not exceed $600. There are sufficient
funds in the City Manager's budget to cover this expense.
End of Consent Calendar
RESOLUTIONS AND ORDINANCE, FIRST READING
8. RESOLUTION 11858 INITIATING THE "BROADWAY/PALOMAR STREET
REORGANIZATION" INVOLVING ANNEXATION OF APPROXIMATELY
23 ACRES OF UNINHABITED TERRITORY TO THE CITY OF
CHULA VISTA, AND CONCURRENT DETAC~ENTS FROM THE
MONTGOMERY FIRE PROTECTION DISTRICT, MONTGOMERY
SANITATION DISTRICT, SAN DIEGO COUNTY FLOOD CONTROL
DISTRICT-ZONES 3 AND 4 AND COUNTY SERVICE AREA
NO. 62-MONTGOMERY PURSUANT TO THE PROVISIONS OF THE
DISTRICT REORGANIZATION ACT OF 1965 (DRA) (Director
of Planning)
The proposal area is located at the northwest corner of Broadway and Palomar
Street in the unincorporated territory of San Diego County. The 23-acre area,
which is conti9uous to the City boundary on two sides, is comprised of five
parcels of land and the adjoining street rights-of-way. The land in question
is fully developed with mixed retail commercial uses and associated parking
lot area. Ralph's Superstore and Target are the major tenants which occupy
the territory.
City Council meeting - 5 - December 4, 1984
The City Council, at their meeting of November 27, 1984, adopted Resolution
No. 11851 authorizing the payment of all annexation fees on behalf of Sunbelt
Holdings, Inc. in order to expedite the application process through LAFCO.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
Councilman Scott complimented the Mayor and Councilman Moore for the work they
did in getting this annexation initiated.
9a. RESOLUTION 11859 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND SPRING VALLEY SANITATION DISTRICT RELATING TO
TRANSFER OF METROPOLITAN SEWERAGE SYSTEM CAPACITY
(Di rector of Public Works/City Engineer)
Director of Public Works/City Engineer Lippitt submitted a report stating the
City Council has authorized sale of up to 5.0 million gallons per day {mgd) of
Metropolitan Sewerage System capacity rights held by the City. To date,
capacity sales have totalled 3.9 mgd. It is proposed that an additional 1.0
mgd be sold to the Spring Valley Sanitation District. An agreement
foFmalizing that intent has been approved by the Board of the Sanitation
District. That agreement was prepared jointly by City and County staff
personnel.
Generally, terms of the sale are summarized as follows:
1. The District will make annual payments in the amount of f50,928 to
Chula Vista and $12,098 to the City of San Diego through February
2003 plus a partial-year payment in February 2004.
2. The sale is conditioned upon approval of the transfer of capacity
rights by the City of San Diego. If such approval is not gained
then Chula Vista is obligated to return any payments made by the
Di strict.
In answer to Council's questions, Director of Public Works/City Engineer
Lippitt explained the reason for selling the capacity at this time. He stated
the City has enough capacity to serve the citizens, including future growth,
for the next 20 years and at the end of that time, the City will have to
renegoti ate with the Metropol i tan Sewer System.
Director of Planning Krempl stated the SANDAG population forecast did not
anticipate the high level of growth in the United Enterprises property.
Councilman Moore noted Chula Vista is the only City in the Metropolitan System
at this time which has excess capacity.
City Council meeting - 6 - December 4, 1984
9b. RESOLUTION 11860 APPROVING AGRE~ENT BETWEEN THE CITY OF CHULA VISTA
AND LAKESIDE SANITATION DISTRICT RELATING TO TP~NSFER
OF METROPOLITAN SEWERAGE SYSTEM CAPACITY (Director of
Public Works/City Engineer)
The City Council has authorized sale of up to 5.0 million gallons per day
(mgd) of Metropolitan Sewerage System capacity rights held by the City. To
date, capacity sales have totaled 4.0 MGD. It is proposed that an additional
0.1 mgd be sold to the Lakeside Sanitation District. An agreement forrealizing
that intent has been prepared jointly by City and County staff personnel.
Because of the press of time the County staff has requested that City Council
action precede approval by the Sanitation Di strict.
Generally, terms of the sale are sumnarized as follows:
1. The District will make annual payments in the amount of $5,270 to
Chula Vista and $1,210 to the City of San Diego through February
2003 plus a partial-year payment in February 2004.
2. The sale is conditioned upon approval of the transfer of capacity
rights by the City of San Diego. If such approval is not gained
then Chula Vista is obligated to return any payments made by the
Di strict.
Mr. Robert Rice, 110 West "A" Street, San Diego, California Scene, Inc.,
stated they are the applicant who i's requesting the capacity through the
Lakeside Sanitation District. They are asking for lO0,O00 gallons per day.
RESOLUTIONS OFFERED BY COUNCILMAN MALCOLM, the readings of the text were
waived by unanimous consent, passed and approved unanimously.
10. ORDINANCE 2094 AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA
SUSPENDING SECTIONS 19.14.581 THROUGH 19.14.589 OF
THE CHULA VISTA MUNICIPAL CODE FOR THREE MONTHS AND
TRANSFERRING THE DUTIES OF THE DESIGN REVIEW
COMMITTEE TO THE PLANNING DIRECTOR DURING THIS
INTERIM PERIOD FIRST READING AND ADOPTION {City
Attorney )
In the recent election, the voters chose not to approve a proposed amendment
to the City Charter which would have explicitly allowed non-residents to serve
on Council-appointed boards and commissions. The proposed ordinance would
suspend the current operation of the Design Review Committee until the Council
can either find qualified City residents to replace non-residents or come up
with an alternative for design review. This urgency ordinance would only
apply to Design Review of projects under the City's jurisdiction.
Councilman Moore suggested the title be changed to state "up to or not
exceeding three months" instead of "for three months". Mayor Cox noted two
more vacancies will occur on the Design Review Committee based on the failure
City Council meeting - 7 - December 4, 1984
of the Proposition in the last Election. Councilman Scott indicated a mistake
was made in placing this Proposition on the last ballot. In the Design Review
Con~nittee, people with special talent are needed and he recommended the
Proposition be again placed on the ballot at a future election allowing the
people to vote on it.
MSUC (Scott/Cox) at the next opportunity (the General Election) language be
prepared specifically for the Design Review Committee. Councilman Moore
suggested the ordinance be prepared in advance so the people can review it.
In answer to the Mayor's questions, City Attorney Harron stated that the
Project Area Committee and the Parking P1 ace Committee are committees
preempted by State law and the City does not have the right to exclude
non-residents. According to the Charter, when someone ceases to be a City
resident, that particular seat becomes vacant. The City Attorney indicated
that these people could serve as volunteers - they would be ex-officio members.
MSUC (Cox/Malcolm) for the City Attorney to prepare a letter to go out over
the Mayor's signature to the two members of the Design Review Committee
explaining the action of the Council~ the rationale for it and thank them for
their dedicated service on the Committee.
Councilman Moore asked for notification to go out to the Council and Chairmen
of the various boards and commissions advising them of this action
clarifying which committees are permitted and which are not to have
non-resi dents.
CONTINUED MATTERS AND SECOND READING OF ORDINANCE
ll. RESOLUTION 11861 ACCEPTING THE DRAFT CHULA VISTA SPHERE-OF-INFLUENCE
PLAN AS REVISED AND DIRECTING ITS SUBMITTAL TO LAFCO
FOR ENVIRONMENTAL ASSESSMENT AND OFFICAL ADOPTION
(Continued from the meeting of 11/13/84) (Director of
P1 anning )
Councilman Malcolm abstained due to a potential conflict of interest and left
the dais at this time. City Manager Goss stated he conferred with the City
Attorney and finds he does not now have a potential conflict of interest on
this matter.
Director of Planning Krempl reported that the Council on November 13, 1984
voted to include the entire Bonita-Miguel holding of the Moreland Development
Company (Union Oil Company) within the proposed boundaries of the Chula Vista
Sphere-of-Influence Plan. It deferred action on the Telegraph Canyon/Lakes
Community; however, in order to further study the inclusion of certain land
located between the southerly bluffs of the Otay River Valley and Palm Avenue,
and between 1-805 and the westerly line of Rancho Otay within the said
bou nda ri e s.
The Council also based its deferral upon the request of United Engerprises,
Inc., for additional time to study the Draft Sphere Plan's effect upon its
1 arge territorial holdings.
) City Council meeting - 8 - December 4, 1984
The Planning-Consultant and Planning staff met with United Enterprises'
Consultant Planner, Mr. Mark Longley-Cook on November 21, and discussed the
background, goals, objectives, and proposals of the Draft Sphere Plan.
Staff has submitted the Draft Plan which they state encompasses future open
space and "greenbelt" reserves as well as the territories which will probably
be allocated to urban land uses. This coverage will enable the City of Chula
Vista to protect the order, environmental quality, and amenity of its expanded
planning area.
Mrs. Carol Freno, representing the Sweetwater Valley Civic Association, 3703
Alta Loma Drive, Bonita stated she is speaking in support of the resolution.
She added she mailed a copy of the Association's letter to the Council which
they sent to LAFCO regarding the 30+ acres of land in Bonita proposed for
annexation to National City (Valley Land Company). The Association recommends
the City include this acreage in their Chula Vista Sphere of Influence. She
is asking for support from the Council in asking LAFCO to include it in Chula
Vista's Sphere of Influence. LAFCO will hear this on December 17 and a number
of people indicated they will attend that meeting.
Michael C. Spata, 1007 Fifth Avenue, Chula Vista, Attorney for United
Enterprises, read for the record, his letter regarding the proposed City of
Chula Vista Sphere of Influence - 1984.
Since the meeting of November 13, 1984 before the City Council,
representatives of United Enterprises, Inc. had met on several occasions
with representatives of the City of Chula Vista for the purpose of
discussing the issues and concerns of United Enterprises, Inc. vis-a-vis
the proposed 1984 Chula Vista Sphere of Influence.
Essentially, as a result of such discussions, and based upon a close
review of the subject study, it can be stated that there is insufficient
data and information within the study to substantiate the proposition
that the City of Chula Vista can adequately serve the acreage owned by
United Enterprises, Inc. Attached is a Statement of Facts prepared by
representatives of Longley-Cook Engineering, Inc. which supports this
contention.
Moreover, the subject study proposes a harsh bifurcation of the property
owned by United Enterprises, Inc,; and in doing so, the study causes
additional impacts to United Enterprises, Inc. that are both widespread
and unnecessary.
Therefore, since there is a lack of data to support the maximum possible
service area of the City based upon present possible service
capabilities, it i s submitted that the subject study -- as proposed --
cannot justify the making of the necessary findings by the Local Agency
Formation Commission (LAFCO) as required under the Knox-Nisbet Act.
(Government Code Section 54773 et seq,)
City Council meeting - 9 - December 4, 1984
Consequently, the acreage of United Enterprises, Inc. that is proposed
for inclusion within the subject study must be excluded based upon the
evidence and in accordance with the law.
Mayor Cox stated Chula Vista is the only city now in the County which has
excess sewer capacity and asked Mr. Spata how they proposed to sewer the
acreage in United Enterprises. Mr. Spata indicated there are other ways such
as asking other agencies for capacity or possibly a sewer reclamation.
Director of Planning Krempl referred to the attachments to Mr. Spata's letter
entitled "Statement of Facts" stating there were several erroneous facts in
the statement:
1. The statement states the staff initially recomended a smaller area
of United Enterprises land for the Sphere of Influence. Mr. Krempl
stated this is not true; he was never aware of that fact. The
consultants were told to recommend whatever lands they deemed
appropri ate.
2. The statement states the 2000 year population projected by SANDAG
does not include EastLake II, the Union Oil or the United
Enterprises land. Mr. Krempl stated the population figures do
I
include EastLake I and Union Oil. SANDAG did not show the
population for United Enterprises since the General Plan for that
area is designated as agriculture or open space reserve.
Councilman Scott said he did not understand the fears expressed by United
Enterprises. The land could not possibly be developed in an urban setting in
the County since it is contrary to both LAFCO and County's policies. The City
of Chula Vista can work with United Enterprises closely. In 20 years, no one
will have the sewer capacity and all County/Cities will have to start again
negotiating with Metropolitan Sewer.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
MSC (Cox/Moore) to amend the eastern territories boundary to provide the area
eastward of 1-805 going to Palm Avenue directly across to the eastern terminus
of the proposed eastward territories be included - to Otay Valley Road. IThe
easterly extension of Palm Avenue to Otay Valley Road) Councilman Malcolm
a bstai ned.
12. ORDINANCE 2093 AMENDING SECTIONS 2.04.580 AND 2.04.590 RELATING TO
COMPENSATION FOR MEMBERS OF THE CITY COUNCIL AND THE
MAYOR - SECOND READING AND ADOPTION - (Continued from
the meeting of November 27, 1984) (City Attorney)
This ordinance was continued from the meeting of November 27, 1984 in order to
send a letter to the media clarifying the salary increases and fringe benefits
involved. This ordinance raises the salaries of the Mayor and the City
Council consistent with state law and the City Charter.
City Council meeting - lO - December 4, 1984
Councilman Malcolm suggested the ordinance be changed to take out the dollar
amount stipulated for insurance for the Mayor. At the present time, the City
pays for Kaiser hospitalization for the Mayor and the rates have increased.
It was never the intent of the committee to tie it down to a specific dollar
amount. Councilman Moore stated the committee tied this same amount to that
received by top management. Councilman Scott asked the staff to come back
with revised language on this item. City Attorney Harron stated the ordinance
does not have to be changed - it would be a resolution that would be brought
back.
MSUC (Cox/Malcolm) to place the ordinance on second reading, the reading of
the text was waived by unanimous consent passed and approved unanimously.
13. REPORT OF THE CITY MANAGER
a. City Manager Goss reported that yesterday LAFCO approved the San Diego
Country Club reorganization, the Otay Valley Road reorganization and the
Lower Sweetwater reorganization. Still pending to be considered on
December 17 is the Bradley and Bonita Optimist annexations.
b. City Manager Goss stated that also on December 17, LAFCO will be
considering the Valley Land Company annexation. The LAFCO staff
recommendation is to look at the Sphere of Influence studies of both
National City and Chula Vista to determine where this land should be
annexed.
REPORT OF OFFICERS AND DEPARTMENT HEADS
14. REPORT AUTHORIZATION TO ADD A CLERK II POSITION
ENGINEERING DEPARTMENT (Director of Public Works/City
Engineer)
Director of Public Works/City Engineer Lippitt exi~lained that in preparation
of the 1984-85 budget, consideration was given to including an additional
clerical position in the Engineering Department specifically in the Land
Development Division to assist in performing primarily clerical duties that,
due to the absence of sufficient clerical staff, are being performed by
higher-level technical personnel. The evaluation has been completed and it
has been established that overall clerical duties being performed within the
department exceed the capabilities of the present clerical staff. It has also
been concluded that due to the workload being experience in the Land
Development Division, the time currently being spent by higher-level technical
personnel in performing semi-clerical functions can be better spent in meeting
the workload demands being placed upon the division.
Councilman Scott questioned the need of a four-fiFth's vote on this particular
item. City Attorney Harron stated there is no need for the four-fifths
since there is no request for additional appropriation of funds. Councilman
Scott disagreed citing the Charter's requirement for the four-fifth's vote.
He stated it is not a line budget item transferring money for one item - it is
Ci ty Council meeti ng - 11 - December 4, 1984
for additi onal personnel that would conti nue to need fundi ng in future
budgets. Mayor Cox agreed stati ng personnel do requi re conti nued budgetary
funds for years to come. Councilman Moore suggested a policy be written on
the four-fifth's vote.
~
MSUC (Malcolm/Moore) to accept the report and staff recommendations.
MSUC (Moore/Scott) for the City Manager to prepare this as a budget item for
review - when additional personnel are hired, have a Council policy on whether
a four-fifth's vote is required.
.
15. MAYOR'S REPORT
a. Mayor Cox commented that Councilwoman McCandliss is not present at the
meeti ng thi s eveni ng because she i s ill; however, she di d calland state
she supports the Mayor and Council salary increases.
~
b. Mayor Cox i ntroduced 01 ga Bri seno, a new reporter for the San Diego
Union.
c. Mayor Cox congratulated Councilman r~alcolm on his appoi ntment to the
Boa rd of Di rectors of the American Cancer Soci ety and hi s Presi denti al
;- appoi ntment to the "Year of the Ocean Foundation of San Diego".
16. COUNCIL COMMENTS
a. In answer to Councilman ¡~oore's question, Mayor Cox stated he wi 11 be
submi tti ng the names of the Task Force on Navy Hou si ng at the next
meeti ng. He asked the City Clerk to docket this as an item.
ADJOURNMENT AT 8:30 p.m. to the regul ar City Council meeti ng schedul ed for
December 11, 1984 at 7 p.m.
WPG:O510C
PAG