Loading...
HomeMy WebLinkAboutcc min 1984/07/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, July 17, 1984 Council ChaSers 7:00 p.m. Public Services Building ROLL CALL CouncilmeniDers present: Mayor Cox, Council menVDers Scott, Moore, McCandliss, Malcolm Council members absent: None Staff present: City Manager Goss, City Attorney Harron, Assistant City Manager Asmus PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The Pledge of Allegiance was led by Mayor Cox loll owed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meeting of july 3 and 1 O, 1984 MSC (Moore/McCandliss) to approve tile minutes. Mayor Cox abstained from voting on the minutes of July lO since he ~as absent at that meeting. 2. SPECIAL ORDERS OF THE DAY Mrs. Doris Cox, member of the International Friendship Commission introduced the students. Vice Mayor Moore presented the students with certificates signed by the Mayor. 3. WRITTEN COMMUNICATIONS CLAIM AGAINST THE CITY Claim was filed in the amount of $500,000.00 for the wrongful death of Terry Brown, Cyndie Brown's husband. He was struck by a vehicle on Broadway as he walked across ~me street. Investigation revealed the driver of the vehicle was prosecuted for felony hit and run, felony driving under the influence and negligent vehicular manslaughter. Due to questionable liability to the City, it was recommended by Carl Warren & Company and the risk management staff this claim be rejected. MSUC (McCandliss/Moore) to deny the the claim. City Council Meeting - 2 - July 17, 1984 PUBLIC HEARING AND RELATED RESOLUTION 4. PUBLIC HEARING TO CONSIDER REQUEST FOR DEFERRAL OF UNDERGROUNDING UTILITY SERVICE AT 391 ROOSEVELT STREET (City Engineer/Director of Public Works) ) a. RESOLUTION 11705 APPROVING REQUEST TO DEFER THE REQUIREMENT TO UNDERGROUND UTILITY SERVICES AT 391 ROOSEVELT STREET This being the time and place as advertised, Mayor Cox opened the public hearing. City Engineer Lippitt explained that time City Code requires that all new structures, except for room additions or single family dwellings, be served by underground utilities. The owner of tile property at 391 Roosevelt is adding a second dwelling unit to tile existing house. This constitutes the requirement to place all existing overhead utilities underground. The owner has requested a deferral of the undergrounding requirements. There being no comments either for or against, the public hearing was declared closed, In answer to Council's questions, City Engineer Lippitt stated the cost of the undergrounding would be between $7,000-$10,000; noted the current deferrals granted for developments along this street; explained the policy of granting deferrals and then calling up the deferrals to have the property owners put in tile improvements. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. ORAL COMMUNICATIONS a. Mr. William Houseworth, 358 San Miguel Drive, Chula Vista, CA 92011, ment>er of the Calico Twirlers Square Dance Club, asked permission to have tile square dance club put on an exhibition following "Music in the Park" scheduled at Memorial Bowl on the afternoon of August 26. He stated the reason for the dancing would be to get other people in the community interested in their club. MSUC (Scott/Malcolm) to refer this item to staff and to approve it if there is no problem - if there is a problem, then bring it back to the City Council. b. Bess Peckington, 656 Glever Place, Chula Vista, referred to a newspaper article headlined, "South Bay Anchorage Opposed by Voters." Mayor Cox stated the deadline for filing comments on the final EIR was June 18 and staff sent in comments opposing this proposal. City Council Meeting - 3 - July 17, 1984 RESOLUTIONS 5. RESOLUTION 11706 PROVIDING FOR THE SPECIAL APPROPRIATION OF FUNDS TO INSTALL A CHAIN LINK FENCE ALONG A DRAINAGE DITCH LOCATED BETWEEN "G" STREET AND MADRONA STREET AND WEST OF DEL MAR AVENUE (Director of Public Works/City Engineer/Community Development Director) The open drainage channel traversing the rear of parcels located at 281,283, 287, 289 "G" Street and 278 Madrona Street is unfenced and represents a possible unsafe condition to people in the area. Staff investigated the problem and determined the best solution is for the City to have the channel fenced along the rear of these properties at a cost of approximately $1500. RESOLUTION OFFERED BY MALCOLM, tile reading of the text was waived by unanimous consent, passed and approved unanimously. In response to Councilman Moore's question, City Engineer Lippitt stated this would not be a precedent-setting move since this was an alley which the City converted into a drainage ditch. At one time, there was fencing around it. Inasmuch the City changed the nature of the channel, he feels it is the City's obligation to put in the fence. 6. RESOLUIION SUPPORTING TRANSIT ORGANIZATIONAL STRUCTURE STUDY POLICY COMMITTEE RECOMMENDATIONS AND LEGISLATION TO IMPLEMENT COMMITTEE RECOMMENDATIONS (Director of Public Works/City Engineer) The San Diego Association of Governments (SANDAG) Transit Organizational Structure Study policy Committee issued a final report and recommendations on june 20, 1984 which has been submitted to the City Council. The City Manager asked the Council to support the recommendation of the Transit Organizational Structure Study Policy Committee and the proposed legislation to implement tile Policy Committee recommendations. He expressed his concern, however, with the City's financial liability. Councilman Ed Struiksma, City of San Diego and Chair of SANDAG, introduced jack Limber, counsel for MTDB. In answer to Councilman Malcolm's question, City Attorney Harron stated he has some concerns with tile financial aspect of the Policy Committee recommendations. He has been contacted by the attorney of La Mesa who wants to get together and discuss these concerns. Mainly, the concern is about money for pensions and disabilities future liabilities of the San Diego Transit that would be assumed by MTDB. Attorney Harron asked for a continuance so he could meet wi~ these attorneys. Mr. jack Limber, 620 "C" Street, Attorney for MTDB, stated it is his belief the responsibility of the individual cities is no different under this reorganization than it would be under the current law. San Diego Transit is City Council Meeting - 4 - July 17, 1984 owned by the City of San Diego and with their land and equipment, it would be more than adequate to cover any liability incurred. If there are residual liabilities, it would fall back to the MTDD. Mr. Limber added that if a catastrophic event should happen and MTDB is held responsible for a huge sum of money, they would have to either pay it themselves or go to the State for payment. There is no legal or practical theory that the City of Chul a Vista would Imave to share in that responsibility. Mr. Limber added that the requested legislation is not necessary - at the present time, they have the authority to take over San Di ego Transit. He asked Council to approve the policy recommendations "in concept" and to direct the City Attorney to meet with the other attorneys and with him to discuss the issues involved. These concerns can be brought back to Council before the August 1 deadline with any suggested amendments such as hold harmless language. Councilman Moore stated he is concerned with the fact that legislation is not needed and they now have the power to take over both the San Diego Transit and Chula Vista Transit. MS (Malcolm/Cox) to approve this "in concept" and hold it in abeyance giving tile City Attorney one week to look into legal obligations the City may have (some type of idemnity to protect the City i f it is necessary.) Councilman Scott spoke against the motion stating that one week is not an excessive burden. He would like to get more facts on this - get a complete dialogue before Council takes action. Further Council discussion involved: 1. Councilman Malcolm being a member of the MTDB. 2. Mayor Bilbray of Imperial Beach reviewed the entire report and feels it is an excellent one. 3. The only question is the concern of liability of the City. 4. This proposal has been worked on for the last l-l/2 years. 5. Tile City Council voted for this three or four months ago. 6. In reality, if City of San Diego is to default, the cost would go to MTDB and not Chula Vista. 7. They have the authority now to "consume" San Diego Transit as well as Chula Vista Transit. 8. Concerns with the long-range impl ementations for Chula Vista such as the City's future local transit system. 9. San Diego Transit has done a good job in bring down expenses; however, transit by its very nature loses money, so there is a potential for liability. 10. No advantage for the City of Chula Vista to along with this proposal. ll. It is a possible bail-out of San Diego of San Diego Transit. Councilman Struiksma declared it will never be the intention of MTDB to come into Chula Vista and take over the local service. He indicated the advantage to the City would be that there would be a permanent member on the Board of MTDB. The TDA funds as allocated would not change. Mayor Cox said he can support tile motion because of the tremendous benefit to the City. City Council Meeting - 5 - July 17, 1984 MOTION RESTATED MSC (Malcolm/Cox) to: 1. Accept the report. 2. Support the recommendation of the Transit Organizational Structure Study Policy Committee "in concept." 3. To defer until Thursday, July 26, action on the proposed legislation to implement the Policy Committee recommendations. The motion carried with Councilman Scott voting "no." 7. CITY MANAGER'S REPORT a. City Manager Goss referred to the memo from the Community Development Director regarding the Town Centre Manor. The San Diego County Housing Authority is now soliciting bids from six contractors. These bids will be awarded on July 30 and the construction should be completed by the end of September. Councilman Moore asked the City Manager to keep the Council up-to-date on the developments. In answer to Councilman Malcolm's question, Director of Community Development Desrochers explained the City does not become involved in the administration of the contract; however, there is a penalty clause for not completing the project on time. Councilman Malcolm commented that if the City is going to invest and turn over property to the County, it should be assured the project will be done in a timely manner. MSUC (Scott/Malcolm) for staff to submit a report on the penalty clause of the contract. b. City Manager Goss informed the Council of the employee program called, "Scale Down Chula Vista," whereby 32 employees have signed up, paying $10 apiece. Bay General Hospital will conduct a series of lO sessions and at the end of this time, whoever loses lO pounds will get to share in the money. REPORTS OF CITY OFFICERS AND DEPARll4ENT HEADS 8. REPORT STREET SWEEPING (Director of Public Works/City Engineer) Councilman Scott stated he is abstaining due to a possible conflict of interest. City Attorney Harron explained the provisions of the 1090 violation of the trash collection franchise regarding the Chula Vista Sanitary Service, as stated by the District Attorney. He stated the 1090 does not exist if the Council awards the street sweeping contract to Chula Vista Sanitary Service. (Councilman Scott left the d~is at this time.} At the December 13, 1984 meeting, the City Council directed staff to request proposals for contract street sweeping. During the budget review sessions, Council requested information on charging user fees to meet the cost of City Council Meeting - 6 - july 17, 1984 additional street sweeping services. This report has been submitted to the City Council with the recommendation to: (1) accept bids and direct staff to negotiate a one-year contract for Council consideration and (2) hold in abeyance any decision on adopting street sweeping fees pending further review and study. City Manager Goss explained the City is now sweeping residential streets every 42 days - with the contract, it would be 14 days. The competitive bidding came in slightly lower than the City's cost. Mr. Goss noted that at the present time, the City cleans the streets with the broom sweeper and under the contract it may be done with a vacuum sweeper. The City would, however, continue to sweep the streets after events such as parades, and so forth in order to eliminate overtime which would be charged. Councilman Moore commented the average life of a sweeper is six years and the City has two vintage sweepers: 1962 and 1974. He assumed that i f the contract is awarded, the money set aside for a new sweeper would be placed into the Equipment Re~acement Fund for the next two or three years until the City is sure the contract is reliable. City Manager Goss confirmed this. Councilwoman McCandliss com~ imented staff on an excellent report indicating her concern is with the nuni>er of people who submitted bids: 32 were sent out and only 2 responded. City Engineer Lippitt remarked that some of the people wrote back stating they were not interested in bidding at this time, but may sometime in the future. MSC (Malcolm/McCandl iss) to accept the staff recommendations 1 and 2. Councilman Scott abstained from voting. Mayor Cox asked that tile staff note the sweeping should be done either the day of or the day after the trash is picked up in order to maximize the cleanliness of the streets. In response to Councilman Moore's question, City Engineer Lippitt stated that it would be no advantage to the City to find a refuse area closer than tile land fill site since the disposal costs are included in the price of the contract. 9, REPORT REGARDING THE CONTROL OF PIGEONS IN THE CHULA VISTA DOWN TOWN AREA (City Manager) (Councilman Scott returned to the dais at this time.) Staff submitted a report in response to a written communication from Mrs. P. Keith Hall dated February 1984 requesting the City Council to take appropriate action to control tile pigeon population on Third Avenue. Staff's research revealed that many approaches to the control of pigeons have been tried including poisoning, shooting, sterilization and the frightening of pigeons; however, tile most successful methods of pigeon control have been manipulation of tile breeding and sleeping environments of resident pigeons and the trapping of pigeons. The City Manager recommended: City Council Meeting - 7 - July 17, 1984 (1) the City and the Downtown Association cooperate in a voluntary effort to abate sleeping and breeding sites for pigeons; (2) the Downtown Association ei~ler enter into a contract with a pest control operator to trap pigeons in conjunction with the abatement program, or use City-supplied cages to trap pigeons. Principal Administrative Analyst Sid Morris answered the Council's questions pertaining to the aspects of the report he prepared. Mayor Cox commented that there a couple of intersections in the City which are more heavily concentrated wit~ this problem than others: the southwest corners of Third and "E" Street and Second and "j" Street. MSUC {McCandliss/Cox) to accept the report. lO. REPORT OIAY MESA SUBREGIONAL PLAN (Planning Director) Planning Director Krempl submitted a written report explaining the County of San Diego is proposing an amendment to the Regional Land Use Element, the Otay Subregional Plan, and the Circulation Element of their General Plan for the eastern 5,000 acres of the Otay Mesa Area. The proposal would designate 2,700 acres of the flatter portion of the eastern part of Otay Mesa as General Impact Industrial. The study area is located generally east of Harvest Road, south of the Lower Otay Reservoir, west of Sun Ysidro Mountains, and north of the U. S. Mexican Border. The proposal will be considered by the Board of Supervisors on August l, 1984. The recommendation to date is as follows: that the various plan elements and maps be amended accordingly; an S90 Holding Area Zone be retained on the property until a Facilities Financing Plan has been adopted by the Board; staff be directed to assist the Otay Mesa Property Owners' Association in preparation of the plan; and if the plan is acceptable, the Board of Supervisors agrees to 1 end its financial powers to assist the property owner in implementing the pl an; and that staff work on final izing a proposed M56, mixed industrial zoning, to be applied to the property. Staff's recommendation is as loll ows: (1) The City Council oppose the proposed General Plan Amen~nent when it is considered by the County Board of Supervisors, and the Mayor or his designated representative be authorized to make a presentation at tile Board meeting communicating this opposition. (2) TIme Task Force appointed by the Board of Supervisors to study this area be reconvened to include not only the City of San Diego but the City of Chula Vista; that traffic forecast information be updated to include the SANDAG Regional Transportation Analysis and full development of the Otay Ranch properties; and a public facilities financing plan be developed before further consideration of the General Plan Amendment. City Council Meeting - 8 - july 17, 1984 Director Krempl added it is not the staff's intention to dictate to the County what the land use should be or to deny any benefits of comprehensive planning to the public/private partnerships as to land use planning. The problem is with the product and tile result as opposed to the process. He noted the County admitted there were major EIR impacts that are not mitigable (agriculture, air quality, transportation). The County also admitted there will be congestion (this will have an undesirable effect on Chula Vista). Director Krempl remarked that the County needs to further address these issues and submit alternatives to be explored in greater depth in order to balance the 1 and use with the transportation system and other components in the infrastructure. There needs to be a balance in terms of planning. Mayor Cox stated he may have a potential conflict of interest on this so he will abstain; he left the dais at this time. Councilman Scott and Malcolm indicated they may have potential conflicts of interest also. The area is so large that they are not aware if any of their clients own property in that area. Attorney Tom Harron stated the Mayor knows he owns property in the area; therefore, he does have a potential conflict of interest. However, in the case of Councilmen Scott and Malcolm, that is not the case. They do not have any knowledge of any client owning roperty in that area so not assume they are involved. TIle lack o~ knowledge and should protects them from having any conflicts. In the absence of Mayor Cox, Mayor pro Tempore Moore presided over the agenda item. Councilwoman McCandliss noted in the report under GPA 84-02, community pl armed amendments are required by the surrounding communities in order to accomplish any circulation improvement. She asked if this doesn't give San Diego and Chula Vista control. If they do not amend the plan, then the GPA can't go forward. Director of Planning Krempl explained that the property is within the jurisdiction of the County of San Diego and, therefore, they can go ahead with it. Staff just pointed out there are circulation changes which would affect o~ler cities, such as Route 125. Councilwoman McCandliss asked if Chul a Vista could take any legal action against the County i f they moved ahead with the zone changes which the City may feel would have an adverse affect on Chul a Vista. Attorney Harron stated that i f the City feels there is impropriety against the process and there would be some adverse impacts regarding the EIR, the City can take legal recourse. Mr. Joe Ellis, dr., 4788 #G Pescadero Ave., San Diego, 92107, President of the Homeowners Association, stated that the agriculture has been ruled as a viable economic industrial base on the mesa. He added what it boils down to is the circulation element. Mr. Ellis offered the following: 1. In order to maintain long term price stability, there must be some responsibility to the sensitivities of tile market supply and demand. 2. In approving the General P1 an Amendment, the County is not approving any zone changes, just the land use categories. 3. Planning for infrastructure has to he done on a regional basis. 4. Asked for a working relationship with the City of Chula Vista. 5. Asked the Council to direct staff to work with tile property owners. 6. Taking a position against them is going to start a precedent which they do not need at this time. City Council Meeting - 9 - July 17, 1984 Mr. Robert Small, Consultant for the Homeowners Association, 2667 Camino del Rio South, San Diego, stated the question before the Council is how to approach the planning. There are presently 150 property owners on the mesa. They would have to raise $100,000 to finance a facilities financing plan. They are looking ahead to a plan for 50 years and are considering resource planning in terms of jobs and the social well being of the entire South Bay community, In response to Councilwoman McCandliss' query, Mr. Small responded a 50 year plan can be worked out for the infrastructure if a design can include an ultimate transportation network, having the initial developers not escape participation of the ultimate facilities. He added that this is an opportunity to create as opposed to patch, makeup and correct. Councilman Malcolm noted one issue that is prevalent is circulation. If this can be solved "upfront", he questioned why the Council would be opposed to the plan. Director Krempl agreed that circulation is the key. The distinction is the matter of a sound approach. He stated the plan should be scaled down in land use, less industrial, and the circulation element should be in balance with that. City Manager Goss commented that in terms of facilities planning, the circulation will be very costly since sewerage is another part of the plan. Councilman Malcolm remarked the sewerage problem will have to be solved prior to anyone getting a building permit. Alec Struthers, P.O. Box 340, Bonita, stated: 1. The cost of watering agriculture on Otay Mesa is approximately $300-$400 an acre foot. 2. There is a tremendous Mexican competition which is another factor. 3. Sewerage ties into water situation - there is a need for water recl amati on. 4. The Council has to look at the big picture: 5,000 usable acres is a massive area for development. City Manager Goss remarked the major portion of this work has been done by the property owners, representatives of the County and the City of San Diego. There is more interest on the traffic circulation. Chula Vista is doing a study using the SANDAG computer regarding the eastern section of the City. Councilwoman McCandliss noted the air quality standards and emission controls for industry in the United States is much greater than that in Mexico. She added she has grave concerns with the traffic which will be generated plus the air quality. Mayor pro Tempore Moore noted the staff should get a presentation ready to present to the Board of Supervisors for the August 1 meeting. This written presentation should go to the Council prior to the meeting so Council will be aware of what is in the report. Councilman Scott stated the Council should ask tile County not to approve the Plan but to have a special task force set up to include Chula Vista to work in concert with the property owners, the City of San Diego and County, in order to get answers to all the questions posed. City Council Meeting - lO - july 17, 1984 MSC (Moore/Scott) to accept the report and staff recommendation that the City Council delay the proposed GPA as it pertains to the two staff recommendations, Mayor Cox abstained. MSC (Moore/Scott) to direct staff to work with the Vice Mayor to bring it back to the City Council prior to the August 1 meeting so the Council can read the gist of the presentation to be made and concur with it or add to it. Mayor Cox abstained. In the absence of Mayor Cox, Mayor pro Tempore Moore stated No. 12 would be considered next. 12. COUNCIL COMMENTS a. Councilwoman McCandliss referred to the report submitted by the Director of Building and Housing concerning Navy Housing. MSUC (McCandliss/Scott) to schedule this item for a Council Conference. b. Councilwoman McCandliss referred to a former discussion whereby the Council considered the idea of televising Council meetings. (~yor Cox came into ~e meeting at this time, 9:27 p.m.) MSUC (McCandliss/Malcolm) for staff review of the possibility of televising City Council meetings through the cable system and have a report back to the City Council regarding the cost and the type of results which can be expected. c. Councilwoman McCandl iss referred to the recent newspaper reports concerning disclosure and comments of items discussed in Closed Sessions. MSUC (McCandliss/Cox) to set this item for a Council Conference to discuss the legal parameters and for the Council to discuss what would be an appropriate disclosure over and above the legal minimum. d. Councilman Moore referred to the recent Council action funding an International Friendship Commission member to sponsor an Olympic torch runner from Japan. He questioned whether staff looked into getting a reduced hotel rate for member David Ferguson. Assistant City Manager Asmus stated he will follow through on this. e. Councilman Malcolm reported the Port District plans to put eel grass along some areas of the Chula Vista Bayfront. He felt this would create 1 iability for citizens of Chula Vista to be able to develop the park and recreational facilities and that this type of grass or any other endangered species should not be planted in Chula Vista. MSUC (Malcolm/McCandliss) for staff to look into this. City Council Meeting - ll - July 17, 1984 f. Councilman Malcolm stated there are signs along 1-805 advising motorists to take Bonita Road in order to get to the Bonita Plaza Shopping Center. MSUC (Malcolm/Moore) for the Mayor or staff to contact National City and see if they can direct traffic onto their own streets since they are getting the sales revenue from the shopping center and not direct traffic onto Chula Vista streets. g. Councilman Malcolm noted that staff has still not set a quarterly day City Council meeting. h. Councilman Malcolm remarked that last year, Council delayed raising the greens fees because the proposal was to go out for Request for Proposals (RFPs). Chula Vista Municipal Golf Course has the lowest fees in the County - 30% lower than most and losing approximately $40,000-$50,000 per year. Councilman Malcolm stated he does not advocate raising the senior or student fees, but the City should raise the other fees at least a couple of dollars. MSUC (Scott/Malcolm) to ask staff to bring back an appropriate discussion on that to see if in fact the City should raise those fees. (City Manager Goss stated that this report will be tied into the RFP report, perhaps sometime in August. ) 11 . MAYOR'S REPORT a. Mayor Cox reported on the League Conference he attended in Monterey stating one of the discussions was the Jarvis Initiative. MSUC (Malcolm/Cox) to ask staff to come back with an analysis of the initiative and recommendation as to whether or not the City Council should take a position on this item. b. Mayor Cox stated he gave a presentation at the conference on assessment centers. c. Mayor Cox announced that next Tuesday, auly 24, the Torch Runner will be going through Chula Vista at approximately 7:15 p.m. Staff is attempting to get the City band to play and perhaps have the runner run through the Civic Center Plaza in order to accommodate the crowds. MSUC (Cox/Scott) to convene the City Council meeting at 7:00 p.m. and then take a recess to 7:30 p.m. in order to watch the torch relay go th rough. d. Mayor Cox reported Assemblyman Sterling was able to get some money in this year's budget in order to implement additional Superior Court judges in San Diego County. City Council Meeting - 12 - july 17, 1984 MSUC (Cox/Scott) to ask staff to check into this and come back with a report on the current status of that allocation of the superior judges and what the prospects are of having one at the South County Regional Center. e. Mayor Cox announced that on Saturday morning, July 28, the Council will meet to interview applicants for Boards and Commissions. f. Councilman Moore referred to the "Caste" stating it is now a "building" instead of a "boat" and wondered what was being done by staff. City Manager Goss stated they are noWworking with the Port staff on this. g. MSUC (Cox/Moore) for a Closed Session for purposes of litigation. The Council recessed to Closed Session at 9:50 p.m. The City Clerk was excused and the City Manager reported the meeting ended at lO:O0 p.m. ADJOUR)ENT at lO:O0 p.m. to the meeting scheduled for Tuesday, July 24, 1984, at 7:00 p.m. /~IjjENNIE / City Clerk WPC 0456C