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HomeMy WebLinkAboutcc min 1983/01/11 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALIFORNIA Tuesday January 11, 1983 Council Chamber 7:00 p.m. Public Service Building ROLL CALL Councilmembers present: Mayor Cox, Councilpersons McCandliss, Scott, Malcolm, Moore Councilmembers absent: None Staff present: Acting City Manager Asmus, City Attorney Lindberg PLEDGE OF ALLEGIANCE, SILENT PRAYER Pledge of allegiance to the Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVAL OF THE MINUTES Councilman Moore asked that under 9(c) of the minutes of January 4, 1983, the wording be changed from Otay Lakes Road to Otay V~lle~ Road. MSUC (Malcolm/Scott) to approve the minutes as corrected. 2. SPECIAL ORDERS OF THE DAY a. Introduction of five students from Australia (Doris Cox) Certificates of Recognition and City pens were presented to five students visiting the City of Chula Vista via Lions Club Youth Exchange Program: Glen Clark, Brett Ednie, Carolyn Jones, Brian Stranmore and Terese Brown. b. Oath of Office to newly appointed Commissioners City Clerk Fulasz administered the Oath of Office to Rose Marie Fox, newly appointed to the Resource Conservation Commission and to Patricia Jean Schafer, newly appointed to the Board of Appeals. 3. WRITTEN COMMUNICATIONS a. Request of Charles Shippey to have joggers stay within marked areas of Chula Vista Municipal Golf Course. Mr. Charles Shippey expressed his concern regarding joggers who do not stay within the specified jogging areas and jog or walk across the golf course with no regard to flying golf balls. He asked that some measure be taken to correct this action before some accident happens. City Council - 2 - January ll, 1983 The City Manager recommended installing additional signs; commencing an intensified enforcement program including citing of offending parties with signs clearly indicating violators will be cited. MSUC (Moore/Scott) to approve the City Manager's recommendations. b. Letter of appreciation from Lane F. Cole Former City Manager Cole submitted a letter of appreciation for his farewell banquet. The City Council acknowledged receipt of the letter. PUBLIC HEARINGS AND RELATED ORDINANCES 4. PUBLIC HEARING CONSIDERING AN ACQUISITION OF A DRAINAGE EASEMENT THROUGH EMINENT DOMAIN (continued from 12/14/82 meeting) (City Engineer) a. RESOLUTION DETERMINING AND DECLARING THE PUBLIC NECESSITY OF ACQUIRING CERTAIN RIGHT-OF-WAY SOUTH OF OTAY VALLEY ROAD FOR DRAINAGE PURPOSES AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS TO ACQUIRE SAID RIGHT-OF-WAY The purpose of the continuation of this hearing (from meeting of December 14, 1982) was to explore the feasibility of running the storm drain along Otay Valley Road easterly to an existing outlet, therefore relieving the necessity of condemnation action. The developer is willing to construct the project as requested by United Enterprises, Inc. and would like to explore ways that that improvement can be included in an assessment district and/or reimbursement district. United Enterprises, has not developed a position on the issue and their attorney, Michael Spata, informed the City Council that neither he nor the engineers would be able to attend the January 25 meeting. Mayor Cox stated a letter has now been received from the Attorney from Mr. Michael Spata stating that both parties have now agreed to have this matter tabled rather than continuing the public hearing. MSUC (Scott/Malcolm) to table this public hearing. 5. PUBLIC HEARING CONSIDERATION OF REZONING ONE ACRE OF THE SOUTH SIDE OF KEARNEY STREET BETWEEN THIRD AND CHURCH AVENUES " FROM C-C AND R-3-D TO C-O - CALIFORNIA HEALTH PLAN, INC. (Continued from January 4, 1983) (Director of Planning) a. ORDINANCE 2017 REZONING ONE ACRE ON THE SOUTH SIDE OF KEARNEY STREET BETWEEN THIRD AND CHURCH AVENUES FROM C-C AND R-3-D TO C-O-P FIRST READING (Director of Planning) City Council - 3 - January ll, 1983 This being the time and place as advertised Mayor Cox opened the public hearing. Principal Planner Lee submitted a plat noting the location of property, adjacent land uses and zonings. He explained that the City Engineer has reviewed the existing street conditions on Kearney Avenue east of Third Avenue. Kearney Avenue is presently paved full width (36 feet curb to curb) allowing for two travel lanes (lO-feet each) and two parking lanes (8-feet each). Curb, gutter and sidewalk are not installed on the north side of the street. The City Engineer reports that those improvements will be the responsibility of the adjacent property owner under the Block Act procedure. The property north of Kearney is included in the first phase of the Block Act program. The Director of Planning recommends that the property be rezoned to C-O-P and amend the Building Line Map in accordance with Resolution PCZ-83-C. Council discussion ensued regarding the installation of a zoning wall, the required set back area for the proposed building, ingress and egress to the property and the City Engineer's report on the Block Act improvements which will be ready for Council consideration within two weeks. There being no comments either for or against the hearing was declared closed. MSUC(Cox/Moore) to place the ordinance on first reading. The reading of the text was waived by unanimous consent, passed and approved unanimously. 6. PUBLIC HEARING CONSIDERATION OF PROPOSED GENERAL PLAN AMENDMENT, GPA-83-3 (Cappos)(Continued from December 14, 1982) (Director of Planning) Santa Fe and Watt Development Company officials are working together with Sedway/Cooke and hired a planner to advise on a most suitable site for the Cappos UOP proposal on their properties. The Director of Planning asked for an additional two-week postponement to further discuss with Mr. Cappos the General Plan Amendment for "J" Street Park. In answer to the Mayor's query Acting City Manager stated that the staff is no longer recommending continuation of this item. Director of Community Development Desrochers explained that Mr. Cappos and the Santa Fe people have not come to any agreement as to relocation of Mr. Cappos' UOP proposal since Mr. Cappos still feels the "J" Street site is more advantageous to him. This being the time and place as advertised Mayor Cox opened the public heari rig. Environmental Coordinator Reid stated that this is a focused Environmental Impact Report which involves the development of a 15,000 square-foot structure 14-feet in height. There are a number of mitigating circumstances connected with the development of this facility at this particular location such as the visibility factor, the particular land use, the aesthetics, enfringement on the existing park area, increasing the industrial uses in the bayfront area and the general impact it will have on the "gateway to the marina". City Council - 4 - January ll, 1983 Mr. Tom Ryan, Project Engineer from Westpac, discussed the biological, geological and noise factors contained in the proposed development. Council discussion followed during which Councilman Scott questioned the staff's concern of the visibility factor stating that SDG&E is immediately adjacent to the south which is one of the worst aesthetic views in the City. Councilman Malcolm noted that this particular proposed facility is a pilot testing project to turn salt water into drinking water. Principal Planner Pass listed the findings of the Planning Commission's denial of this General Plan Amendment in November of 1980. Those speaking against the proposal were Fred Drew, 1275 Banner Avenue; Irene Maxwell, 473 Berland Way; Sibil Biberman, 697 "j" Street; Phyllis Ross, 671 Woodlawn Avenue; Clay Gingerich, 768 Riverlawn Avenue; Bess Pocklington, 656 Glover Place; Pat Porter, 418 "I" Street; Robert Maxwell, 473 Berland Way; Deborah Johnston, 885 Riverlawn; Robert Pocklington, 656 Glover Place and Helen Wadsworth, 175 Murray Street. In summary their objections were: 1) It would deprive 88,000 citizens of Chula Vista of using the park area. 2) It should be an open vista as people approach the area. 3) There is an ugly building (Rohr) on the north and another ugly facility (SDG&E) on the south and to put another ugly facility in the middle doesn't help any. 4) The park is necessary particularly for the older people and the young children. 5) Once you take away this open space you can never replace it. 6) A caution not to be swayed by campaign contributions to approve this particular facility. 7) The bayfront plans call for recreational activities when determined to be of public benefit. The park was agreed to by both the City and the Coastal Commission. 8) A recent personal survey of air pollution indicated that within the last five years (1977-1982) there was a 700 percent increase in the air pollutants. Mr. James Cappos, the applicant, stated that he has lived in Chula Vista for all of his 58 years and has operated the Rayne water plant for the last 28 years. He said the plant would be pumping over one million gallons of water a day. If he had to relocate to the "F" Street site, it would cost him City Council - 5 - January ll, 1983 a great deal more money in energy costs and pipe installation to be able to operate the plant at that location because of the topography of that area. Mr. Cappos added that there is a great need for drinking water; that in 1985 California will lose its share of the Colorado River water and an alternate must be found. The citizens of Chula Vista will only be losing one-fourth of an acre of their park area and they will receive in turn 100,000 gallons of water per day. The discharge water can be used to irrigate the bayfront or plants such as Rohr or the City can have this access water by just taking it from the plant. They need a location close to the water to discharge the salt rather than putting the salt into the sewer system. Mr. Cappos declared that the park has never been dedicated officially as a park and asked that the Council approve this General Plan Amendment so that he can begin construction of the facility. Council discussion followed regarding obtaining the Coastal Commission approval; the relocation of this facility to the "F" Street location; the fact that although the park has never been declared officially as such, people have been using it for the past few years; the moratorium request of the Planning Commission. There being no further comments either for or against, Mayor Cox closed the public hearing. Further Council discussion involved having more information as to relocating this proposed facility from "J" Street to "F" Street and the "swap" of the land between Santa Fe and Mr. Cappos. The Mayor indicated that he would like to have information of the the cost of pumping water back and forth on another site rather than "J" Street; and looking into the possibility of having Rohr purchase this demineralized water that will be produced by Fluid Systems. MSUC (Cox/Moore) to continue this matter for three weeks so that staff can obtain some of these answers and come back to the Council with this informnation. A recess was called at 9:10 p.m. and the Council reconvened at 9:20 p.m. Mayor Cox introduced Ron Trent, Administrative Assistant to Assemblyman Peace. 7. ORAL COMMUNICATIONS Pat Porter 418 "I" Street, complained of receiving a 100% increase in her energy (SDG&E) bill because she is heating her home due to the physical condition of her son who has had pheumonia. When asked for a decrease in her rate, SDG&E informed her that she needs a doctor's certificate stating that without the heat her son would die. Mrs. Porter asked for Council help in this matter. City Attorney Lindberg advised her to contact the Public Utilities Commission. City Council - 6 - January ll, 1983 RESOLUTIONS AND ORDINANCES, FIRST READING 8. RESOLUTION SUPPORTING A BILL FOR THE REFORMATION OF CURRENT JOINT AND SEVERAL LIABILITY LAWS (City Attorney) The City Attorney recommended that Council pursue the adoption of legislation to reform existing laws of negligent or product liability against multiple tort-feasors. He recommended urging the City's legislative delegation to pursue such a reformation of the current doctrine so that governmental entities who may have only marginal liability do not find themselves burdened with a total liability cost under such current legal doctrine of joint and several liability. Councilman Malcolm stated that the Executive Board of the League of California Cities has requested that all cities and counties not adopt resolutions supporting this bill because they are in the process of working with the legislators to come up with a bill that will pass the Assembly. MSUC (Cox/Malcolm) to file this action. 9. REPORT SINGLE FAMILY MORTGAGE REVENUE BOND ISSUE (Director of Community Development) a. RESOLUTION 11130 AUTHORIZING APPLICATION TO STATE FOR ALLOCATION OF MORTGAGE FOR SUBSIDY BONDS, CONFIRMING PREVIOUS NOTICE OF INTENDED SALE, AND AUTHORIZING SUBMISSION OF CERTIFICATE EVIDENCING THAT DEVELOPER PARTICIPATION FEES ARE ON DEPOSIT b. RESOLUTION 11131 APPROVING AGREEMENT FOR BOND FEASIBILITY STUDY WITH EMPIRE ECONOMICS c. RESOLUTION 11132 APPROVING AGREEMENT FOR INVESTMENT BANKING SERVICES WITH MILLER AND SCHROEDER MUNICIPALS, INC. d. RESOLUTION 11133 APPROVING AGREEMENT FOR BOND COUNCIL SERVICES WITH JONES, HALL, HILL AND WHITE Community Development Director Desrochers explained that Congress has set up rules and regulations regarding the mortgage revenue bonds. Each State has a formula for the distribution of this allocation - California has a 1.3 billion dollar allocation. The reason for the legislation is because they are tax exempt financing bonds used to stimulate the housing industry and to provide a mechanism particularly for first-time home buyers. Developers must make a commitment before any studies can be activated. Housing Coordinator Gustafson stated that the 1.9 billion dollars was reduced to 1.2 billion dollars this year and with this reduction, Chula Vista may not receive an allocation on the first round. City Council - 7 - January ll, 1983 Mr. Gustafson noted the attrition factor; the requirements that the City must sell all the issue within 90 days; any issue not sold would be recycled back to the State for reallocation; Chula Vista may receive an allocation during the period May to July; the only resolution not covered by proceeds of an issue is the feasibility study, therefore the resolution has been amended to indicate that the City will engage in a feasibility study only if the underwriters confirm that the City has a strong liklihood of receiving a bond allocation in the period May-July 1983. In response to Council questions, Mr. Greg Ballenger of Miller & Schroeder Municipals, bond underwriters, made the following responses: - The City could choose to purchase up to 20% of the bond allocation commitment for future unspecified housing projects without damaging the issue's rating. Other cities have done so. - Developers need to reserve allocation commitments for specific projects to assure that the bond issue is felt to be secured by the rating agency. However, since the developers' participation fees must be collected by January 14, but the issue won't occur until the summer months, fees could be collected now without specific projects, and the projects could be specified by summer. - If the City receives an allocation from the State of less than 7 million dollars, it could do a larger issue jointly with another jurisdiction having an allocation. Additionally, Mr. Ballenger explained some of the general advantages of such tax exempt financing over conventional financing. Councilman Malcolm noted that because he is a mortgage lender the City Attorney indicates he may be involved in this bond sales and perhaps not participate in the vote of this matter. Councilman Malcolm stated that his company has never been involved in the past and feels it will not in the future; therefore he will vote on this matter. Councilman Malcolm commented that if the City does not get enough commitments to make it economically feasible, would it want to put in the quarter-point perhaps a letter of credit from a bank - in order to obtain a commitment to assure that issue. Mayor Cox suggested the staff contact the cities of Oceanside and Carlsbad regarding a joint powers. Resolutions offered by Councilman Scott. The reading of the text was waived by unanimous consent, passed and approved unanimously. 10. RESOLUTION 11134 AUTHORIZING ADJUSTMENT TO FY 1980-81 TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.5 CLAIM (City Engineer) The FY 1980-81 TDA Article 4.5 claim submitted by Chula Vista for the operation of HandYtrans was in the amount of $181,220. This claim was based on an estimated cost for HandYtrans operation during FY 1980-81. The actual City Council - 8 - January ll, 1983 HandYtrans operation for FY 1980-81 was $29,415 less than the original claim estimate because of lower operating costs and higher revenues than estimated. The County Auditor is directing the City of Chula Vista to return $29,415 to the Local Transportation Fund (LTF). Resolution offered by Councilman Moore. The reading of the text was waived by unanimous consent, passed and approved unanimously. 11. RESOLUTION 11135 RECOMMENDING TO SCOOT BOARD AN ADJUSTMENT TO THE FY 80-81 SCOOT TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0 CLAIM (City Engineer) The FY 1980-81 TDA Article 4.0 claim submitted by SCOOT was in the total amount of $1,432,971. The result of the FY 1980-81 fiscal audit reconciled actual fiscal year revenues and expenditures with the estimates upon which the claim for $1,432,971 was based. The audit determined that the TDA overpayment to SCOOT was $3,578. The County Auditor is directing SCOOT to return $3,578 to the Local Transportation Fund (LTF). Resolution offered by Councilwoman McCandliss. The reading of the text was waived by unanimous consent, passed and approved unanimously. 12. RESOLUTION 11136 AUTHORIZING THE EXPENDITURE OF A $500 BONUS TO THE ACTING CITY MANAGER FOR THE TWO-WEEK PERIOD COMMENCING JANUARY 1, 1983 (City Attorney ) The City Council has authorized the payment of a $500 bonus to the Acting City Manager for the two-week period commencing January 1, 1983. Resolution offered by Councilman Moore. The reading of the text was waived by unanimous consent, passed and approved unanimously. 13. RESOLUTION 11137 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND GARY QUANDT, TENNIS PROFESSIONAL(Director of Parks and Recreation) The existing contract for the Tennis Professional expired on January 1, 1983. A new agreement has been written to continue the service of a Tennis Professional at the Chula Vista Tennis Center. The City entered into an agreement with Mr. Gary Quandt to operate the Tennis Center in 1982. Staff is recommending that a yearly Agreement be negotiated to continue providing the existing services at the Tennis Center until the City completes its City-wide facility study. Resolution offered by Councilman Scott. The reading of the text was waived by unanimous consent, passed and approved unanimously. 14. ORDINANCE 2018 AMENDING CHAPTER 9.20 OF THE MUNICIPAL CODE RELATING TO CHARITABLE SOLICITATIONS - FIRST READING (City Attorney) City Council - 9 - January ll, 1983 This amendment would repeal provisions of the charitable solicitation ordinance which purport to "establish" certain religious organizations and grant discretion to the Police Chief to waive a permit for "established" religions. MSUC (Moore/Scott) to place the ordinance on first reading. The reading of the text was waived by unanimous consent, passed and approved unanimously. 15. REPORT OF THE ACTING CITY MANAGER a. Acting City Manager Asmus reported that HUD has notified the City that it is the recipient of a Certificate of National Merit Award for the Otay Valley Road Waterline Economic Development Project. This is the result of a nationwide competition for Block-Grant projects that contribute to the cooperation between the public and private sectors. The Mayor will receive the award on January 27 at the Federal Building in downtown San Diego. b. Mr. Asmus reported that SDG&E will be moving a large transformer through the City on January 13 after midnight. It is over 400,000 pounds, 20-feet in length. A permit was issued for the move. c. Acting City Manager stated that he has just been requested by Mr. Slijk of the Chamber of Commerce for permission to allow an elephant to walk down Third Avenue from "E" Street to "F" Street on Friday afternoon at 3:30 p.m. This is a publicity stunt for the KOGO Circus which is being held in National City. MSUC (Cox/McCandliss) to approve the request based on staff conditions. Councilman Scott voted "no". REPORT OF CITY OFFICERS AND DEPARTMENT HEADS (None) 16. MAYOR'S REPORT (None) 17. COUNCIL COMMENTS a. Councilwoman McCandliss remarked that Mr. Asmus has "served the City well" for the two week interim period as Acting City Manager. b. Councilman Scott questioned why there is so little inside advertising on the buses. Transit Coordinator Bill Gustafson stated that TEI Network has the responsibility of securing the interior and exterior ads. Based on their studies, there is no marketability for the inside ads on the buses. MSUC (Scott/Moore) to refer this matter to the Chamber of Commerce to see if they can come up with a program (or any other entity). Councilman Moore suggested that Mr. Gustafson speak to the Chamber of Commerce on this issue. City Council - lO - January ll, 1983 c. Councilman Scott stated that he feels it would be appropriate to invite all former Councilmen who have served the City in the past to the Annual --~ Awards Banquets. MSUC (Scott/Moore) for a Council policy that at every Annual Awards Banquet former Councilmen be invited. d. Councilman Scott referred to the report of the City Attorney regarding the freeway sign on 805 at Bonita Road. He indicated that these signs should be for identification only and not have prices on them such as prices for gasoline or motel rates. MSUC (Scott/Moore) that staff prepare an amendment to the zoning ordinance stating that any freeway sign have nothing more on it than the identification of the company or business and nothing else (prices). This ordinance is to come back to the City Council for consideration. e. Councilman Malcolm stated that he has received some citizen complaints concerning small children playing video games in liquor stores. City Attorney Lindberg indicated that there is no prohibition against the video machines being in the liquor stores as compared to those in 7-11 Stores. Councilman Scott remarked that at one time he suggested that any business having more than two video games install a rest room facility. MSUC (Scott/Malcolm) for staff to look into the feasibility of requiring a rest room for every business that has video machines (one or more). f. In answer to Councilman Malcolm's question Acting City Manager Asmus explained why there are two Police Reserve Officers on Third Avenue that take care of the parking meters. The Council recessed to Closed Session at 10.35 p.m. The City Clerk was excused. The Mayor reported that the meeting ended at 10.55 p.m. Adjournment at 10:55 p.m. to the meeting scheduled for Tuesday, January 18,1983 at 7:00 p.m. ~E IE L City Clerk WPC:0237C PAG