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HomeMy WebLinkAboutcc min 1986/08/26 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, August 26, 1986 Council Chamber 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor Cox; Councilmembers Malcolm, Moore, Campbell, McCandliss MEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, City Attorney Harron, Deputy City Manager Morris PLEDGE OF ALLEGIANCE TO THE FLAG, 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 meeting of August 19, 1986. MSUC (McCandliss/Campbell) approve the minutes. 2. SPECIAL ORDERS OF THE DAY a. OATH OF OFFICE - Carlos Babcock, International Friendship Commission The Oath of Office was administered by City Clerk Fulasz. b. PROCLAMATION EXPRESSING DEEP APPRECIATION FOR THE MANY CONTRIBUTIONS MADE BY LORENZO "BILL" ANDERSON Mayor Cox presented the proclamation to Mrs. Synetha Anderson. 3. WRITTEN COMMUNICATIONS a. REQUEST TO JOIN IN CAMPAIGN TO DEFEAT PLAN FOR REDISTRIBUTION OF THE NAVY'S SHIPS David H. McQueary, Vice-President & General Manager, Triple A Shipyards, P.O. Box 13097, San Diego, CA 92113-0097 Mr. McQueary indicated as a result of this redistribution plan, other port cities will gain ships, but San Diego will lose 18 net ships. City Manager Goss recommended the Navy be contacted to obtain more information regarding the transfer of ships from this area, with a view toward possibly supporting the position of the ship repair industry as expressed in this communication. MINUTES - 2 - August 26, 1986 Phil Scheuer, 1319 Costa Avenue, Chula Vista 92011, requested the City's support of the home port rule so ship repair business would remain in the San Diego area. Mayor Cox noted Congressman Jim Bates has gone on record as opposing this dispersal plan. MSUC (McCandliss/Campbell) approve the staff recommendation. b. PETITION REQUESTING COUNCIL APPROVE OPTION #4 REGARDING HOUSE AT 165 MURRAY STREET - Residents The petitioners expressed frustration regarding reaching a solution to this situation which they contend poses a potential fire hazard and devaluation of surrounding properties. Therefore, Council was requested to reconsider its previous recommendation and revoke all variances as well as the current building permit. (Option 4 of the August 5 staff report.) In answer to Councilman Campbell's question, Planning Director Krempl stated Mr. Raso selected Bob Currie as his architect and has submitted revised plans which are currently being reviewed by staff. Helen T. Wadsworth, 175 Murray Street, Chula Vista, appeared on behalf of her neighbors who were opposed to Council's previous action on this issue and questioned what the City has done for the surrounding residents. Floyd Staton, 168 Murray Street, Chula Vista, said he is one of the original property owners on this street; upon purchasing his home, was assured the neighborhood would remain the same until the year 2000; questioned validity of inspection certificates alluded to by Mr. Raso at previous meetings; a solution to this problem should be determined but not at the risk of the residents; residents must live with the City Council's decision. In answer to Council's questions, Director Krempl indicated the red tag on the project cannot be lifted until revised plans have been approved and the permit cleared; interpretation of third story flooring is at issue on the revised plans; Esgil Company has advised the City that revised plans comply structurally. Councilman Malcolm requested an update on this situation (i.e., corrections to resubmitted plans and timeframe for such corrections to occur) be provided at the next Council meeting (September 2). MSUC (Moore/Cox) receive the letter (petition). MINUTES 3 August 26, 1986 CONSENT CALENDAR (4 -11) Items 10 and 11 were pulled. MSUC (Cox/Malcolm) approve the Consent Calendar. 4. RESOLUTION 12686 REQUESTING THAT THE COUNTY OF SAN DIEGO INCLUDE CERTAIN PROJECTS IN THEIR APPLICATION FOR FISCAL YEAR 1986-87 SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE MONTGOMERY AREA (Community Development Director) The City is to recommend projects in Montgomery to be funded with 1986-87 supplemental Community Development Block Grant (CDBG) funds estimated at ~35,612. In accordance with an established agreement between the City and the County, the County will apply for CDBG funding for the projects recommended by the City unless it is determined that the City-recommended projects are ineligible for CDBG funding. The County will undertake the public hearing process and submit the supplemental funding application to the federal government. The Council has a number of options for programming of the additional funds: approve a new project; augment one or more of the projects it has already approved for fiscal year 1986-87; or use the funds to upgrade prior years County projects, approved but not yet undertaken. The staff recommendation is to pursue the last option. On August 5, 1986, the Montgomery Planning Committee approved the following recommendation while raising questions regarding the appropriateness of the Shy Lane project being constructed as a private street. It was recommended Council adopt the resolution requesting that the County apply for 1986-87 supplemental CDBG funding for Montgomery to upgrade the previously County-approved and funded projects: a) Fresno Avenue Improvements, b) Date Street Improvements, c) Palm Avenue Improvements, and d) Shy Lane Improvements, using Approach #2, a public street. 5. RESOLUTION 12687 APPROVING THE CONCILIATION AGREEMENT WITH EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) REGARDING AGE DISCRIMINATION AND SAFETY EMPLOYEES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (City Attorney) MINUTES - 4 August 26, 1986 The law relating to the Public Employees Retirement System (PERS) has recently been amended so that safety employees may continue to be a part of the system after age 60. The state law is now consistent with federal law so there is no impediment to the City's compliance with the Age Discrimination in Employment Act (ADEA). The proposed agreement would indicate the City's intention to comply with the ADEA. 6a. RESOLUTION 12688 APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 84-9, EASTLAKE I UNIT 12, APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND APPROVING SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR NON MAP ACT REQUIREMENTS PRIOR TO APPROVAL OF IMPROVEMENT PLANS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS (Director of Public Works/City Engineer) b. RESOLUTION 12689 APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 84-9, EASTLAKE I UNIT 13, APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND APPROVING SUPPLEMENTAL IMPROVEMENT AGREEMENT FOR NON MAP ACT REQUIREMENTS PRIOR TO APPROVAL OF IMPROVEMENT PLANS, AND AUTHORIZING THE ~- MAYOR TO EXECUTE SAID AGREEMENT The Final Maps for CVT 84-9, EastLake I Units 12 and 13 have been reviewed by the Engineering Department and found to be in conformance with the Tentative Map approved by the City Council on February 19, 1985, by Resolution No. 11935. Approval of the Final Maps will constitute the creation of 18 and 38 condominiums within Units 12 and 13 respectively as well as acceptance of a sewer easements within Units 12 and 13. 7a. RESOLUTION 12690 APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 86-3, BONITA LONG CANYON ESTATES, UNIT NO. 3, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Public Works/City Engineer) b. RESOLUTION 12691 ACCEPTING GRANT OF EASEMENT FROM BONITA LONG CANYON PARTNERSHIP IN CONJUNCTION WITH CHULA VISTA TRACT 86-3, BONITA LONG _ CANYON ESTATES UNIT NO. 3 MINUTES - 5 - August 26, 1986 Unit No. 3 of Chula Vista Tract 86-3, Bonita Long Canyon consists of 110 single family lots, 1 lot for a future church site, 1 lot for future recreational purposes, and 1 lot for park purposes. The final map for said unit has been reviewed by the Engineering Department and found to be in conformance with the approved Tentative Map. Approval of the map constitutes acceptance of all drainage~ sewer and access easements within the subdivision and acceptance on behalf of the public of Corral Canyon Road, Canyon Ridge Drive, Country Vistas Lane, Country Trails, Country Trails Court, Coltridge Lane, Galveston Way, Trailridge Drive and Horseshoe Court. Councilman Malcolm questioned the provision of adequate easements and drainage facilities for future development. In response, Director of Public Works/City Engineer Lippitt clarified this easement is not for the area north of the subdivision, but rather for the area downstream of the dam where over $1 million in improvements are required. In addition, the easement will provide access to maintain drainage facilities. 8. ORDINANCE 2164 LEVYING TAXES ON ALL PROPERTY IN THE CITY OF CHULA VISTA FOR THE FISCAL YEAR 1986-87 FIRST READING AND ADOPTION (Director of Finance) Since the passage of Proposition 13, the City Council is required annually to set the necessary tax rate for voter approved debt service. 9. ORDINANCE 2165 ADDING CHAPTER 6.26 TO TITLE 6 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE TRANSPORTATION OF ANIMALS IN MOTOR VEHICLES AND THE LEAVING OF ANIMALS IN UNATTENDED VEHICLES FIRST READING (City Attorney) At its August 5, 1986 meeting, the City Council in response to 'a written communication from Mr. Fred Leer Executive Director, San Diego County Humane Society, directed staff to prepare an ordinance consistent with the County ordinance to protect animals being transported in vehicles or left in unattended vehicles. 10. REPORT RECOMMENDING DENIAL OF REQUEST FOR ENCROACHMENT PERMIT PE-076 AT 101 EAST "J" STREET (Director of Public Works/City Engineer) Pulled from Consent Calendar. MINUTES 6 August 26, 1986 11. REPORT REGARDING ADDITIONAL LIABILITY COVERAGE FOR CHULA VISTA LIVE STEAMERS (Director of Parks & Recreation) Pulled from Consent Calendar. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 12. PUBLIC HEARING PCM-86-25; APPEAL OF PLANNING COMMISSION DENIAL OF A REQUEST TO INITIATE A ZONING TEXT AMENDMENT TO ALLOW USED CAR SALES IN THE I-L LIMITED INDUSTRIAL ZONE - DAMCO USED TRUCKS (Director of Planning) This being the time and place as advertised, Mayor Cox declared the public hearing open. Damco is a used truck parts and repair yard located within the I-L zone on the north side of Main Street directly adjacent to the Montgomery annexation area. The owner had leased a portion of the front lot to be used for used car sales by O&C Motors. The used car firm was notified by zoning enforcement personnel and the Planning Department that used car sales is not an allowed use in that zone. On March 24, 1986, Mr. Donald Magley of Damco Used Trucks and Equipment located at 3554 Main Street requested the Planning Commission initiate a zoning text amendment to include used car sales in the I-L limited industrial zone. The request was denied by the Planning Commission on July 9, 1986. The Planning Commission originally considered and denied this request on June 11, 1986. After reconsideration of the item on July 9, the Commission again denied the request. Planning Director Krempl reported new and used car sales are allowed in the C-T zone if a conditional use permit (CUP) is authorized; CUP would have applicability City-wide allowing similar use in areas such as Otay Valley; discussed options available to applicant (i.e., await preparation of Specific Plan for Montgomery area, file rezoning application for thoroughfare commercial, request zoning text amendment, cease the business in this area and relocate to a permitted zone); recommended Council deny the request. In answer to Councilman Malcolm's question, Director Krempl stated the M-52 limited industrial zone is located on the south side of Main Street and Industrial Boulevard. A determination has not yet been made whether the City wishes to retain this designation in the newly annexed area. MINUTES 7 AugUst 26, 1986 City Attorney Harron stated under the City's Code, pre-existing uses located nearby would be allowed to stay. In order to eliminate a use, an amortization period should be allowed, or the City could abate the nuisance. There being no public testimony either for or against, the public hearing was closed. MSUC (Moore/Campbell) deny the request to initiate a zoning text amendment to allow used car sales within the I-L limited industrial zone. MSUC (Malcolm/McCandliss) refer this particular item to the Planning Commission and Planning staff (for a report back) to review the I-L zone (designation) and the permitted uses. 13. ORAL COMMUNICATIONS a. Rev. R. C. Flaugher, representing the Senior Mobilehome Rent Control Association, stated he submitted the rent control initiative (439 petitions containing 11,381 signatures) to the City Clerk today; Initiative qualifies for a special election since only signatures of 15% of registered voters are required; cited recent increases experienced by renters; revised rent mediation ordinance does not hold down rents; hopes rent control will take care of "greedy landlords"; Initiative pursued as a last resort; anticipated special election between December 15, 1986 and January 15, 1987. Councilman Malcolm noted the Registrar of Voters' certification of registered voters as of February 2, 1986 was incorrect as it did not include the Montgomery area which was a part of Chula Vista at that time. MSUC (Moore/Malcolm) a letter over the Mayor's signature be sent to the Registrar of Voters relating to specifics as to why this error was made and to include an explanation in a letter returned to the Council. b. Warren Nielsen, 3885 Birch Street, #2, San Diego 92113, discussed Council's previous action not to support the Buena Vista compromise; legality of passing proceeds from the sale of land to National City is questioned; Jacob Dekema supports petition asking CalTrans to endorse a cost benefit analysis for the Buena Vista Compromise; court action filed claiming the City of San Diego has not abided by environmental impact requirements. MINUTES - 8 - August 26, 1986 PULLED ITEMS FROM CONSENT CALENDAR 10. REPORT RECOMMENDING DENIAL OF REQUEST FOR ENCROACHMENT PERMIT PE-076 AT 101 EAST "J" STREET (Director of Public Works/City Engineer) City Manager Goss reported the applicant wishes to withdraw this request indefinitely. MSUC (Malcolm/Moore) file the request. 11. REPORT REGARDING ADDITIONAL LIABILITY COVERAGE FOR CHULA VISTA LIVE STEAMERS (Director of Parks & Recreation) On October 1, 1985, the Chula Vista Live Steamers requested assistance in securing the necessary liability insurance coverage required by the City as the result of the City's potential liability in "deep pocket" lawsuits. The minimum amount of liability insurance, 91,000,000, was established by the City's Risk Consultant and endorsed by Council on January 24, 1984. The City Council referred this item to staff for evaluation and recommendation regarding additional liability coverage. MS (Moore/Cox) accept the report and not purchase excess insurance coverage beyond the $1,000,000 primary coverage. Councilman Malcolm questioned staff's recommendation' not to purchase excess insurance; potential liability due to this type of operation; suggested City provide employee supervision during times the railroad is operating; costs to share insurance coverage should be thoroughly researched. City Attorney Harron noted although it is possible to provide City supervision, this would increase City's liability; recommended against "piggy-backing" on City's insurance; coverage is not changed because the deductible remains the same. Mayor Cox suggested the Risk Manager report back to the City Manager with further evaluation and additional steps necessary. The motion to not purchase excess insurance and request a report back from the Risk Manager passed unanimously. OTHER RESOLUTIONS, ORDINANCES, AND RELATED REPORTS MINUTES - 9 - August 26, 1986 14. RESOLUTION 12692 APPROPRIATING FUNDS FROM THE UNAPPROPRIATED BALANCE OF THE EQUIPMENT REPLACEMENT FUND FOR REMOVAL OF THE BODY FROM THE OLD FIRE RESCUE RIG AND INSTALLATION ON THE NEW FIRE RESCUE RIG (Director Of Public Works/City Engineer/Director of Finance) In Fiscal Year 1985-86, the City Council authorized ~40,000 for replacement of a 1967 fire rescue rig. The cost was to include a new cab-and-chassis and mounting the body from the old rig onto the new cab-and-chassis. On May 6, 1986, the City Council awarded the bid for the new cab-and-chassis in the amount of $35,532. A total of $19,000 is required for removal of the body, modification, and installation on the new cab-and-chassis. Funds are available in the unappropriated balance of the Equipment Replacement Fund. In answer to Councilman Moore's question, Principal Management Assistant Goelitz stated the' original budget request was for a new chassis and installation of the old body on the new chassis. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 15. RESOLUTION 12693 DETERMINING UNPAID ASSESSMENTS AND APPROPRIATING BOND PROCEEDS IN A SPECIAL ASSESSMENT DISTRICT (86-1) (Director of Finance) This is the final action of the EastLake Assessment District No. 86-1. Council has previously formed the district and has confirmed the assessments for the financing of certain improvements in the "Hills and Shores" of the EastLake development. This action certifies the unpaid assessment list and authorizes the issuance of $5,279,986.04 in bonds and appropriates the proceeds. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. 16. REPORT OF THE CITY MANAGER RESOLUTION 12694 OF INTENT TO SET PUBLIC HEARING ON SEPTEMBER 16, 1986 APPROVING MEMORANDUM OF AGREEMENT WITH SAN DIEGO GAS & ELECTRIC FOR UNDERGROUND UTILITIES ALLOCATION A proposal has been made by San Diego Gas & Electric (SDG&E) to modify the underground allocation formula in the City's franchise with SDG&E. Per the City Attorney, this requires the holding of a public hearing to consider this formula modification, along with other consideration for this modification being offered by SDG&E. MINUTES - 10 - August 26, 1986 It was recommended this item be set for a public hearing on September 16, in accordance with the City Charter. A detailed report outlining the proposal, its components, and the Council Committee recommendation will be forthcoming prior to the public hearing. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. b. The City Manager stated he received a request to continue the rescheduled public hearing on the sale of open space districts from September 2, 1986, to September 9. MSUC (McCandliss/Campbell) reschedule the open space public hearing to September 9, 1986. c. In response to City Manager Goss' request for CIP Tour items, the following was submitted: potential City property; status of Public Works Yard, Bay Boulevard and "F" Street (Shangri-La) , F/G Street shipyard, Otay Lakes Road property exchange and junkyards; Jack Dimond's property in Sorrento Valley; Telegraph Canyon Creek; future redevelopment districts in Montgomery; magnesium plant. d. The report regarding the Scripps/Bay Hospital issue has been distributed for the Council Conference meeting on Thursday, August 28. Mayor Cox informed Council he would be attending the Transportation Commission meeting (e.g., Route 54/125) on Thursday. Since he may not be back from that meeting in time for the 4 p.m. Council Conference, he suggested the Conference be rescheduled for a later time. MSUC (Malcolm/Campbell) reschedule Council Conference to 5 p.m. 17. MAYOR'S REPORT a. Mayor Cox complimented staff for their efforts on the Pops Concert held Sunday at the "J" Street Marina. A letter to the Port District is being prepared thanking them for underwriting this event. b. The Mayor reminded Councilmembers the City Manager ' s performance evaluation is scheduled for Saturday, August 30, 1986 at 8 a.m. at the Chula Vista Harbor. 18. COUNCIL COMMENTS a. Councilwoman McCandliss questioned the status of improving the median islands on East "j" Street and Lori Lane (to be included as a CIP project). In response, Director of Public MINUTES 11 - AugUst 26, 1986 Works/city Engineer Lippitt stated the City agreed to re-do this work contingent upon residents agreeing to an assessment district to maintain the area. Staff will be working on the formation of such a district. b. Councilwoman McCandliss submitted a report from MTDB On the concession at the "H" Street trolley station. MTDB will consider this in two weeks. c. Councilwoman McCandliss also noted the problems associated with the Bayfront Trolley Station construction. Transit Coordinator Gustafson will report back on this in two weeks. d. Councilman Malcolm suggested in order to expedite Council meetings, all items, including those requiring 4/5ths approval, be placed under the Consent Calendar. MSUC (Malcolm/Cox) include those items (requiring 4/5ths vote) on the Consent Calendar. eo Councilmembers congratulated staff on Sunday' s Pops Concert ( i .e. , traffic, clean-up); suggested elevating the stage for future--perhaps annual--concerts; suggested Port District sponsor more activities in Chula Vista. f. Councilman Moore reported on 75th Diamond Anniversary functions, including: tickets available at ~5 each for various balls; requested suggestions for displaying the quilt ("Names around Town"); heritage books should be obtained before the anniversary committee disbands in October. g. MSUC (Cox/Moore) for a Closed Session (at the end of the business meeting) to discuss potential litigation (land acquisition) . The meeting recessed at 8:40 p.m. to Closed Session. The City Clerk was excused and the City Manager reported Closed Session ended at 9:05 p.m. ADJOURNMENT AT 9:05 p.m. to the Council Conference on Thursday, August 28, 1986, at 5 p .m.; to the meeting with the City Manager on Saturday, August 30, 8 a.m., at the Chula Vista Harbor; to the regular meeting of Tuesday, September 2, 1986 at 4 p.m.; and the Council City Tour on Saturday, September 6, 1986 beginning at 8 a.m. Deputy City Clerk 0864C STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING ORDER COUNTY OF SAN DIEGO ) ss OF ADJOURNMENT OF MEETING CITY OF CHULA VISTA ) I, Adele A. Sarmiento, being first duly sworn depose and say: That I am the duly chosen, qualified and acting Deputy City Clerk of the City Council of the City of Chula Vista. That the regular meeting of the City Council of the City of Chula Vista was held Tuesday, August 26, 1986, and said meeting was adjourned to the time and place specified in the Order of Adjournment ATTACHED HERETO: That on Wednesday, August 27, 1986, at the hour of 10 a.m. I posted a copy of said order at a conspicuous place on or near the door of the place at which said meeting of August 26, 1986, was held. Ad . Deputy City Clerk Subscribed and sworn to before me this day of ~ 19~. N ~ ~'~ MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday, August 26, 1986 The City Council met in the Council Chamber of the Public Services Building, 276 Fourth Avenue on the above date at 7 p.m. with the following: Councilmen Present: Campbell, McCandliss, Cox, Malcolm, Moore Councilmen Absent: None ADJOURNMENT The Mayor adjourned the meeting until Thursday, Auqust 28 1986, at 5 p.m. in the Council C~k~.~Conference Room, City Hall/ ~i~x~/~M~x~X~]~X~x 276 Fourth Avenue, Chula Vista, California. I, Adele A. Sarmiento, Deputy City Clerk of the City of Chula Vista, DO HEREBY CERTIFY that this is a full, true and correct copy of a'n order by the City Council at the meeting of August 26, 1986 Adele A. Sarmiento Deputy City Clerk City of Chula Vista, California