HomeMy WebLinkAboutcc min 1985/01/15- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF CHULA VISTA, CALIFORNIA
TUESDAY, 7:00 p.m. January 15, 1985
ROLL CALL
Councilmembers present: Mayor Cox, Councilmembers McCandliss, Scott,
Moore
Councilmembers absent: Councilman Malcolm
Staff present: City Manager Goss, City' Attorney Marton,
Assistant City Manager Asmus
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES for the meeting of January 3, 1985
Mayor Cox made a clarification to the minutes of January 3: in his reference
to the six Superior Court Judges, only one was to be assigned to the South Bay
Regional Court.
MSUC (Moore/McCandliss) to approve the minutes as amended.
2.SPECIAL ORDERS OF THE DAY
a. INTRODUCTION OF STUDENTS FROM AUSTRALIA AND NEW ZEALAND AND TEACHERS FROM
CHINA AND PERU (Lion's Exchange Student Program)
Mrs. Doris Cox introduced the following foreign students: Tracey Black
(Australia), Janelle Fineran (Australia), Kim Newman (Australia), Judy Kerr
(New Zealand) and Michelle Renall (New Zealand).
Mrs. Cox also introduced two foreign teachers: Mrs. Fei Fang from Shanghai,
China and Miss Jannet Eligenia from Irijillo, Peru.
Mayor Cox presented the visitors with a Certificate and a City pin.
b. STATE OF THE CITY MES~GE (Mayor Cox)
Mayor Cox presented his State of the City Message highlighting developments in
the Bayfront, gowntown area and Otay Valley Road Redevelopmerit along with
various other public improvements throughout the City. The Mayor reported on
City services: animal control, street sweeping, transit and housing,
emphasizing the City's progress and plans for the future. The Mayor concluded
declaring state of the City is excellent and with the ongoing responsibility
of the Council, staff, civic organizations and citizens, it will continue to
be a "community which will be a safe, attractive and productive place to
live".
The Councilmembers congratulated the Mayor on his speech.
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City Council Meeting - 2 - January 15, 1985
3. WRITTEN COMMUNICATIONS
REQUEST FOR USE OF BUILDING AT ROHR PARK (Chula Vista Live Steamers)
The Chula Vista Live Steamers' requested use of a building in Rohr Park for a
maintenance area and an expanded track for their railroad.
MSUC (Moore/McCandliss) to have this item included in the master plan of the
entire park usage with the opportunity for the Live Steamer's representative
to participate in that area, as requested.(Mayor Cox asked that this area be
included on the City tour.
Mayor Cox stated there had been a request to move Item 15 up on the agenda.
15. REPORT REQUEST FOR FUNDS BY BONITA VISTA NIGH SCHOOLS MUSIC
MACHINE (Assistant City Manager)
a. RESOLUTION llglO AUTHORIZING EXPENDITURE OF $2,000 FROM CONTINGENCY
APPROPRIATIONS (Principal Administrative Analyst
Byers)
At the City Council meeting of November 27, 1984, Council received a request
from Mr. Ron Bolles, Director of Donira Vista High School's Performing Arts
Department requesting the City contribute funding to assist the "Music
Machine" in attending the first annual performance choir festival in March
1985 at the NBC Studios in Hollywood. The trip is estimated to cost $18,500
and their request is for $5,000. Staff recommended the Council authorize the
expenditure of $2,000 from the City's contingency appropriation.
Mr. Ron Bolles, Director of Music Machine, Chula Vista High School noted the
performances of the Music Machine for the past few years and the recognition
given to Chula Vista. The Council expressed its acknowledgement of the
excellent performance and quality of the group.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
This being the time and place as advertised, Mayor Cox opened the public
hearings on Items 4a, b, c, and d.
4a. CONSIDERATION FINAL EIR-85-1, BAYFRONT SPECIFIC PLAN (Director of
Planning)
RESOLUTION CERTIFYING FINAL EIR-85-1, BAYFRONT SPECIFIC PLAN
b, PUBLIC HEARING CONSIDERATION OF THE FINAL DRAFT OF THE CHULA VISTA
BAYFRONT SPECIFIC PLAN (Director of
Planning/Community Development Director)
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City Council Meeting - 3 - January 15, 1985
c. PUBLIC HEARING CONSIDERATION OF AMENDMENTS TO THE SUBDIVISION
ORDINANCE (TITLE XVIII) TO IMPLEMENT THE BAYFRONT
SPECIFIC PLAN (Director of Planning/Community
Development Director)
ORDINANCE AMENDING SUBDIVISION ORDINANCE (TITLE XVIII) TO
IMPLEMENT THE BAYFRONT SPECIFIC PLAN - FIRST READING
d. CONSIDERATION CANDIDATE CEQA FINDINGS AND STATEMENT OF OVERRIDING
CONSIDERATIONS - BAYFRONT SPECIFIC PLAN {Director of
Planning)
RESOLUTION ADOPTING CANDIDATE CEQA FINDINGS AND STATEMENT OF
OVERRIDING CONSIDERATION - BAYFRONT SPECIFIC PLAN
4a.
nE~Vironmental Coordinator Reid explained the subject of this EIR is the
implementation of the Chula Vista Bayfront Local Coastal Programming through
the adoption of a general plan amendment and specific pl an. No EIR was
prepared on the Local Coastal Plan (LCP) because the adoption of the LCP was
exempt from CEQA provisions. Despite that exemption, the implementation of
the LCP by the City of Chula Vista is subject to CEQA provisions and requires
the preparation of an EIR.
The EIR was the subject of a public hearing before the P1 anning Commission on
December 19, 1984. There were substantial written comments on the draft EIR
and verbal testimony regarding the biological mitigation measures built into
the project. All comments received have been responded to and included in the
Comments/Response section of the final EIR.
The recommendation is to certify that the final EIR-85-1 had been prepared in
accordance with the California Environmental Quality Act, the State CEQA
Guidelines, the Environmental Review Procedures of the City of Chula Vista and
that the City Council has reviewed and considered the information in the final
EIR.
Mr. Kim Howlett, representing Recon, stated his firm prepared the
Environmental Report. He discussed the mitigating circumstances relating to
traffic, biological resources, geology and soils and noise.
4b.
b'l'Fector of Planning Krempl stated that on November l, 1984, a Joint City
Council/Redevelopment Agency meeting was held for purposes of a public hearing
to consider the Bayfront Specific Plan and authorizing submission of the draft
to the California Coastal Commission for review prior to final approval. Now
the final version of the plan is before the City Council for a public hearing
and for action to be taken to adopt the plan as the City's Implementation Plan
for Bayfront development. The Planning Commission approved the Land Use
Plan.
City Council Meeting - 4 - January 15, 1985
The recommendation i s for Council to adopt the resolution:
(a) making the Bayfront Specific Plan an official document of the City;
and
(b) authorizing submittal of the amendments to the draft document to the
California Coastal Commission.
Director of Community Development Desrochers noted the changes which have been
made to the document. He referred to the three page errata sheet submitted to
Council and presented the following additional revisions:
Page 42 Proposed Wetland Buffer and Levee Access: the following
sentence should be inserted:
"The size of the reconstructed marsh shall remain at 9.6 acres
irrespective of the buffer."
Page 76 Section lg.92.02 insert the following sentence.
"A public hearing will be required for all Coastal Commission permits for
the appeal zones as established by the Coastal Commission."
Pa e 17 Section lg.84.02 - Residential Conditionally Permitted Uses: At
~of the first sentence, insert the following:
".,,of the Chula Vista zoning ordinance" (An excerpt of that Chapter will
be inserted).
Page 53 "g" (ii) Off Shore: insert:
"rip rap shall not be used for permanant repair under the emergency
procedure."
Council discussion followed regarding the language suggested by Mr. Desrochers
concurring it should be changed to "like material"
Pa e 49 o Section 19.88.53 - Management Goals and Objectives:
~ange the language to state "Create and fund the Chula Vista
Bayfront Conservancy Trust to receive and hold dedication of land jointly
with the State Department of Fish and Game".
Council discussion followed regarding the repercussions of having the Fish and
Game Department be a joint landowner of this section of the marsh indicating
there may be some ramifications in future years. Mr. Desrochers noted that
this was a requirement from the Coastal Commission more of a trust than
anything el se.
In answer to Councilwoman McCandliss' question, Mr. Desrochers explained the
composition of the nine (9) member Chul a Vista Bayfront Conservancy Trust and
their charges. It was the concurrence of the Councilmembers the language not
be changed but rather than delay the approval for one week, this particular
section language be deleted from the corrections.
-- City Council Meeting - 5 - January 15, 1985
Mr. Desrochers further explained various 1 ate revisions to page 17, Landscape
Park and Perimeter Uses and to the subdivision ordinance.
c.
1)l'rector of Planning Krempl explained that the purpose of the Subdivision
Ordinance amendment is to implement the Chula Vista General Plan and the
Bayfront Land Use Plan adopted by the Chula Vista City Council and the
California Coastal Zone Conservation Commission. The Bayfront Specific Plan
containing zoning regulations and environmental management provisions is the
preceding agenda item. Both documents acting in concert, will facilitate the
implementation of the Bayfront Plan. The Planning Commission acted upon the
proposed subdivision amendments on January 9, 1985 and recommended adoption.
d.
Environmental Coordinator Reid explained that the Final EIR for the Bayfront
Specific Plan identifies several potentially significant impacts. Therefore,
i t i s necessary to adopt "CEQA findings" to describe how the project, in its
final form, mitigates those impacts or why it is not feasible to mitigate
those impacts. Staff and P1 arming Commission recommended adoption of the
"Candidate CEQA findings" and statement of overriding considerations on the
Bayfront Specific Plan.
Mr. Reid briefly explained the mitigating measures, specifically the supply of
._ water to the area as discussed in the letter from the Sweetwater Authority.
He indicated this matter was the jurisdiction of the Water Company and not the
City's. Another mitigation measure would be the visual impact. Mr. Reid
stated although it is significant, it cannot be avoided.
At this time Mayor Cox invited anyone in the audience to speak on the Items
a,b,c and d. There was no public testimony given.
City Attorney Harron recommended the public hearings not be closed and that
the Council adopt all resolutions "pending any further changes that would be
made at the January 22 hearing".
MSUC (Cox/McCandliss) to continue the public hearings on items a,b,c and d to
the meeting of January 22, 1985.
4a. RESOLUTION 11902 CERTIFYING FINAL EIR-85-1, BAYFRONT SPECIFIC PLAN
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by
unanimous consent, passed and approved unanimously. Approval is contingent
upon final action to be taken by the City Council at the January 22, 1985
meeting.
4b. RESOLUTION 11903 ADOPTING THE FINAL DRAFT OF THE CHULA VISTA BAYFRONT
SPECIFIC PLAN AND AUTHORIZING THE SUBMISSION OF THE
BAYFRONT SPECIFIC PLAN
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City Council Meeting - 6 - January 15, lg85
RESOLUTION OFFERED, AS AMENDED, BY MAYOR COX, to approve the errata sheets and
the new (oral) corrections as presented by the Community Development
Di rector. Further to delete any reference adding the State Department of Fish
and Game as being co-trustee of the Sweetwater marshland. The reading of the
text was waived by unanimous consent, passed and approved unanimously.
4c. ORDINANCE 2100 AMENDING SUBDIVISION ORDINANCE (TITLE XVIII) TO
IMPLEMENT THE BAYFRONT SPECIFIC PLAN - FIRST READING
MSUC (Cox/McCandliss) to place the ordinance on first reading, the reading of
the text was waived by unanimous consent passed and approved unanimously, with
the condition that it will be contingent upon final action taken by the City
Council on January 22, 1985.
4d. RESOLUTION 11904 ADOPTING CANDIDATE CEQA FINDINGS AND STATEMENT OF
OVERRIDING CONSIDERATION - BAYFRONT SPECIFIC PLAN
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by
unanimous consent, passed and approved unanimously contingent upon final
action by the City Council of the January 22, 1985 meeting.
5. PUBLIC HEARING CONSIDERATION OF A RATE INCREASE FOR TRASH SERVICE,
CHULA VISTA SANITARY SERVICE (Director of Finance)
Councilman Scott stated that although the City Attorney has ruled he does not
have a conflict of interest on this item, he will, nevertheless be abstaining
from discussion and vote.
The Finance Department has not received all of the financial information
requested from Chula Vista Sanitary Service and their auditors. It is
anticipated that the information needed to complete the financial analysis of
the proposed rate increases will be available for the Council meeting of
January 22, 1985.
MSUC (McCandliss/Moore) to continue the public hearing to January 22, lg85.
6. ORAL COMMUNICATIONS
a. Mr. Terry Tanbet, 768 Third Avenue, Chula Vista, representing the South
Bay Exchange Club requested permission to set up a booth at the Chula
Vista Shopping Center on February 23 and 24 in order to register bicycles
and to waive the $4 licensing fee. He explained the fee consists of 50¢
or 60~ which covers the State forms - the remainder goes to the City.
MS (Scott/Moore) to hold this over for one week for a report back from staff.
City Council Meeting - 7 - January 15, 1985
SUBSTITUTE MOTION
MSUC {Scott/Moore) to approve this request, subject to any staff conditions.
Councilman Moore questioned whether or not the bike fees are at a point
whereby the cost is prohibiting people from registering their bikes.
MSUC (Scott/Moore) for staff, at budget time, to bring back a report as to
whether or not the City is at that point of diminishing returns - (where the
bike fees are raised so high, it doesn't do the purpose for which it was
intended.
CONSENT CALENDAR (7-12)
Councilman Moore asked to have Item 7 pulled. Mayor Cox asked to have Item 12
pulled.
MSUC (Cox/Moore) to approve the Consent Calendar (Items 8,9,10 and ll).
8. RESOLUTION 11905 COMMENDING THOMAS H/UIILTON ON THE COMPLETION OF HIS
TENURE AS COUNTY SUPERVISOR (City Attorney)
This resolution commends Thomas Hamilton for his public service as County
Supervisor and former Mayor of the City of Chula Vista.
9. RESOLUTION 11906 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND CONGRESSMAN DUNCAN HUNTER FOR THE LEASING OF
OFFICE SPACE (Assistant City Manager)
The lease agreement between the City and Congressman Duncan Hunter for Suite D
of the Legislative Office Building expired on December 31, 1984. A new lease
agreement has been executed by Congressman Hunter and is ready for City
Counci 1 approval.
lO. RESOLUTION 11907 IN SUPPORT OF A SECOND ENTRANCE TO SAN DIEGO HARBOR
( Community Bevel opment Di rector)
At the December 1 workshop, the City Council asked that consideration and
priority be given to restudy the feasibility of a second harbor entrance to
San Diego Bay. For almost 50 years, this has been subject to discussion and
has never really taken hold. At the present time, the Corps of Engineers is
close to releasing a report that is negative and will close the issue
permanently. In their appearance here in November, the Corps stated they will
wi thhol d the rel ease of the aforementioned report i f a new study i s
undertaken. The recommendation is that Council endorse the revival of studies
relative to the feasibility of a second entrance to San Diego Bay.
City Council Meeting - 8 - January 15, 1985
ll. RESOLUTION 11908 ACCEPTING BIDS AND APPROPRIATING CONTRACTS FOR
CONSTRUCTION OF STREET IMPROVEMENTS IN MANKATO STREET
FROM FOURTH AVENUE TO GLOVER AVENUE (Director of
Public Works/City Engineer)
On December 19, 1984, the City Engineer received sealed bids for the project
which involved the removal and disposal of existing improvements, excavation
and grading, asphalt concrete pavement, processed miscellaneous base, curb and
gutter, sidewalk ramps, sidewal k, driveway, protection and restoration of
existing improvements and traffic control.
The recommendation i s to:
(1) Appropriate an additional $7,160 from the unappropriated balance of
the Gas Tax funds.
(2) Accept bids and award contract to ABC Construction Co., Inc., San
Diego, in the amount of $22,829.~ (low bidder).
In answer to Councilman Moore's question, City Engineer Lippitt explained the
reason for including the sidewalks in the bids.
End of Consent Calendar.
7. RESOLUTION SUPPORTING LEGISLATION THAT WOULD EARMARK l~i OF
AB189 FUNDS TO THE ARJIS PROGRAM (Director of Public
Safety)
At the December ll, 1984 Council meeting, staff was directed to return with a
report that would support an endorsement of legislation by San Diego
Councilman Ed Struiksma which would designate 1Bi of AB189 funding to the
A~JIS Program annually. Staff provided Council with information as to the
specific projects being funded in fiscal year 1984-85 by AB189 funds and
recommended supporting Counc i 1 man Strui ksma ' s 1 egi sl ati o n.
Councilman Moore questioned the intent of AB1Bg funding noting the Council
wants local control; however, this legislation passes the County and goes
directly to the State which, in turn, tells the County what to do. Councilman
Moore indicated the cities can convince the County to handle this, thereby
keeping it at a local level.
Mayor Cox explained the intent of AB1B9 is consistent with the action of the
Council to work in a spirit of cooperation with the County. Councilman Scott
suggested the resolution not be offered but that the Council take minute
action approving this item.
MSUC (Scott/Cox) to approve the 15~ share in concept and to relay that
information with the County with a program on a mutual basis.
City Council Meeting - 9 - January 15, 1985
12. RESOLUTION 11909 ABANDONING PROCEEDINGS IN AN ASSESSMENT DISTRICT
PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913
(ASSESS~NT DISTRICT NO. 83-1 LAS FLORES DRIVE, ET
AL) (Director of Public Works/City Engineer)
Mayor Cox stated he is abstaining due to a potential conflict of interest.
Councilwoman McCandliss presided over this item.
Director of Public Works/City Engineer Lippitt explained that at the
conclusion of the public hearing held on March 13, 1984, in regard to the
formation of a special assessment district designated as Assessment District
No. 83-1 (Las Flores Drive, et al), the City Council decided to abandon the
proposed district and directed staff to report back on various issues brought
up at the hearing.
The City Council subsequently, on December 18, 1984, approved a report on the
improvement of Las Flores Drive and "D" Street between Second Avenue and Minot
north of "E" Street which answered the questions brought up at the public
hearing. It is now appropriate for the Council to pass a resolution to
abandon the original Assessment District No. 83-1.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unanimous consent, passed and approved with Mayor Cox abstaining.
13. REPORT OF THE CITY MANAGER
a. City Manager Goss recommended the representative to the LAFCO Advisory
Committee be Principal Planner Dan Pass and the Alternate be the Director
of Planning George Krempl.
MSUC (Cox/Moore) to approve the appointments.
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
14. REPORT REFUND OF SEWER SERVICE CHARGES (Continued from the
meeting of January 8, 1985) (Director of Public Works/City
Engineer)
In 1977, the Council approved Ordinance No. 1774 regarding the City's sewer
service charges which basically did two things:
(a) raised the monthly service charge from $1.50 to $2.25 and;
(b) exempted the owners of properties which were not connected to public
sewer from paying the monthly sewer service charges.
The ordinance was implemented in January 1978. Upon receiving a customer
response, the City would do a dye test to determine whether the property was
connected to the sewer. If it was not connected, the appropriate water
company was requested to drop the sewer service charge from the bills.
' City Council Meeting - lO - January 15, lg85
Mr. Edgar Rulloda is now appealing to the Council for a full refund of sewer
charges he has paid since buying the property in 1976. He would like to apply
this refund to the connection fees upon connecting to the public sewer.
Staff contends that inasmuch as the Council has previously denied refunding
charges paid prior to the adoption of Ordinance 1774, the most that may be
returned would be from January lg78 to the present. Subtracting the
already paid to him, Mr. Rulloda could receive $310.50. However, to do this,
Ordinance 1774 wou1 d have to be amended to delete the gO-day maximum. Another
important inclusion i n the amendment should be that the applicant for a refund
be required to provide evidence he or she is the person who paid these
charges. Staff is recommending denial.
MSUC (McCandliss/Scott) to accept the report and the staff recommendation.
Mayor Cox asked the staff to prepare a letter to Mr. Rolloda explaining the
Council's action.
15. REPORT REQUEST FOR FUNDS BY BONITA VISTA HIGH SCHOOLS MUSIC
MACHINE (Assistant City Manager)
a. RESOLUTION AUTHORIZING EXPENDITURE OF $2,000 ~ROM CONTINGENCY
11910 APPROPRIATIONS (Principal Administrative Analyst Byers)
See page 2.
16. MAYOR'S REPORT
a. Mayor Cox referred to a memo from the City Clerk in which she explained
that Tuesday, February 12, i s a State holiday and the Council will not be
able to hold a meeting that evening. The Charter states that if a
holiday falls on a regular meeting day the Council shall meet on the next
business day. However, the Planning Commission will be meeting in
regular session the next evening (Council Chamber).
MSUC (Cox/Scott) to cancel the meeting of February 12.
b. Mayor Cox stated he has a prior commitment for Saturday, February 2, the
date of the scheduled Council tour of the City (up to ll:O0 a.m.).
MSUC (Scott/Moore) to reschedule the tour to Saturday, February 9.
17. COUNCIL COM~NTS
a. Councilwoman McCandliss noted that the Third Avenue area is to be
scheduled as part of the tour. She further asked that the Zoning
Enforcement Officer be invited to come along on the tour since the
Council points out many zoning violations along the way.
..... 1 i IT
City Council Meeting - ll - January 15, 1985
b. Councilwoman McCandliss asked that the tour include the "H" Street area
Gersten property which will be coming before the City Council for a
public hearing. City Attorney Harron ruled that the Council may view the
site; however, they should withhold any discussions prior to the public
hearing. He suggested a recording be made of the Council's comments.
The City Attorney asked the City Clerk to specifically note this in the
public notice of the Council tour.
c. Councilwoman McCandliss said she was informed there would be no
handicapped rails at the senior citizen's complex constructed at "F"
Street. Community Development Director Desrochers stated the handicapped
rails were included in the plans and they will be installed.
d. Councilman Moore said that he walked through the park open space area
northwest of the 1000 block on Sage View Way and noticed a great deal of
erosion along the banks. He suggested the staff review this area.
MSUC (Moore/Scott) for staff to review the brow ditch and the erosion areas in
the vicinity of the parks on Sage View Way.
e. Councilman Moore stated he received a complaint regarding the on-street
parking blocking driveways off Crest Drive hampering visibility, He
drove through the area this evening and noticed RV's parking close to
curbs which hamper the sight of people coming in and out of driveways.
MSUC (Moore/Scott} for staff to review the area along with the Safety
Commission.
f. Councilman Scott questioned notification being given out on the dish
antennae ordinance. Director of Planning Krempl stated staff is still in
the process of contacting other cities and will be getting more
information to the Council on the dish antennae. As to notification,
they will be getting word out to the manufacturers. The City Clerk
stated the ordinance has been sent to the newspaper for publication.
ADJOURNMENT at 9:20 p.m. to the meeting scheduled for January 22, 1985 at 7:00
p.m.
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