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HomeMy WebLinkAboutcc min 1991/03/12 MINtFI~S OF A REGULAR MEETING OF THE CITY OF CHULA VISTA Tuesday, March 12, 1991 Council Chambers 6:10 p.m. Public Services Building CAI.I.F.D TO ORDER 1. CALL THE ROLL: PRESENT: Councilmembers Nader, Rindone, and Mayor Fro Tempore Moore ABSENT: Councilmember Malcolm ALSO PRESENT: Eugene R. Asmus, Assistant City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF AIJ.RGIANCE TO THE FLAG, SILENT PRAYER 3. APPROVAL OF MINUTES: February 26 and March 5, 1991 MSC 0~dndonefMoore) to approve the minutes of February 26 and March 5, 1991 as presented. Approved 34)-1 with Councilman Malcolm absent. 4. SPECIAL ORDERS OF THE DAY: a. Presentation of Plaque to the City Council on behalf of the International Friendship Commission of the City of Chula Vista by U.S.AVlexico Sister Cities Association at ies National Convention in January, 1991. Teresa Thomas, Chair of the Commission, informed Council that the plaque had been awarded for outstanding programs and activities for 1990 and presented the plaque to Mayor Pro Tempore Moore. Nancy Jimenez-Taboada thanked Council for appointing her as the official representative to the Strawberry Festival in Irapuato. Three students from Chula Vista will accompany her on this trip. b. Introduce newly formed Chula VistaArapuato Sister Cities Association Board to the City Council - International Friendship Commission. Teresa Thomas, Chair of the Commission, introduced the members of the People to People Chula Vista/Irapuato Sister Cities Association: Doris Cox, Dr. James Baker, Susan Young, Nancy Jimenez-Taboada, Lydia Vasquez, Maria Salazar, and Nancy Schockey. CONSENT CALENDAR (Item pulled: 9) MSC CMoore/Nader) to continue Item #9 to the meeting of March 19, 1991. Approved 3-0-1 with Councilman Malcolm absent. Minutes March 12, 1991 Page 2 BALANCE OF THE CONSENT ~AR OFFERED BY MAYOR PRO TEMPORE, reading of the text was waived, passed and approved 3-0-1 with Councilmen Malcolm absent. 5. WRI I-I'I~N COMMUNICATIONS: a. Request to have marked parallel parking spaces on Third Avenue, between 'I* end *J' Streets - Ron Floyd, 629 Third Avenue, Chula Vista, California. Staff recommended that the entire question of marked parallel parking spaces versus a continuous left-turn movement be referred to the safety commission for their consideration. I~lq ~ 6. ORDINANCE 2440 APPROVING THE RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) III PLANNED COMMUNITY DEVELOPMENT REGULATIONS (second readinR and adontion) - Staff recommends that Council place the ordinance on first reading. (Director of Planning) I~lq8 7.A. RESOLUTION 16090 APPROVING AGREEMENT WITH SAN DIEGO GAS AND ELRCYRIC COMPANY FOR REPLACEMENT OF OVERHEAD UTILITIES WITH UNDERGROUND FACILITIES IN TELEGRAPH CANYON ROAD AND OTAY LAKES ROAD AND AUTHORIZING THE MAYOR TO EXECUTE AGREEMENT - Included in the City's Capital Improvement Program is a project for improvement of Telegraph Canyon Road and Otay Lakes Road between Apache Drive and Rutgers Avenue henceforth referred to as the Project. Final plans and specifications for this project are completed and have been forwarded to CalTrans. All right-of-way has been acquired for the project. An agreement with Otay Water District was approved by the City Council on February 5, 1991. The agreement with San Diego Gas & Electric Company (SDG&E) and arrangements with Pacific Bell are required to cause the undergrounding of existing overhead utilities within the project limits. Staff recommends approval of the resolutions. (Director of Public W/~.y~ B. RESOLUTION 16091 APPROVING AGREEMENT WITH PACIFIC BRIJ. CONFIRMING ARRANGEMENTS FOR PROVIDING TELEPHONE SERVICE IN TEI.EGRAPH CANYON ROAD AND OTAY LAKES ROAD BY MFANS OF UNDERGROUND FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE AGR RRMENT / 5/ 8. RESOLLrlION 16092 AUTHORIZINGTHEDEPARTMENTOFGENEI1ALSERVICESOFTHESTATE OF CALIFORNIA TO PURCHASE EIGHT PICK UP TRUCKS AND TWO SEDANS ON BEHALF OF THE CITY OF CHULA VISTA - The FY 1990-91 budget provides for replacement of seven pick-up trucks and one sedan in the Equipment Replacement Fund. The budget also provides for one additional pick-up truck for Parks and Recreation and one sedan for Transit. Council Resolution 6132 authorizes the City to participate in a cooperative bid with the State of California for the purchase of these vehicles. Staff recommends approval of the resolution. (Directorof Finance) 9. RESOLUTION 16093 PaDPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND KEYSER MARSTON ASSOCIATES, INCORPORATED FOR ECONOMIC ANALYSIS OF DEVELOPMENT AGI~:F, MENTS AND APPROPRIATING FUNDS THEREFOR - The City of Chula Vista is interested in receiving economic analyses relating to the value of entering into development agreements for various large scale private projects. Staff recommends approval of the resolution. (Deputy City Manager Krempl) 4/5's vote required. / Continued to the meeting of March 19, 1991. Minutes March 12, 1991 Page 3 * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 10.A. PUBLIC IEARING CONTINUED CONSIDERATION OF PROTESTS TO THE ANNEXATION OF SI~ ACRES FROM THE COUNTY OF SAN DIEGO TO CHULA VISTA AND THE SUBSEQUENT DETACHIMENT FROM THE BONITA SUNNYSIDE FIRE PROTECTION DIb-FRICT KNOI/VN AS THE 'EL RANCHO VISTA REORGANIZATION' - Continued from the meeting of 2/26/91 to allow for the filing and consideration of additional protests. Staff recommends that (1) Council recognize all protests filed and refer them to the City Clerk for confirmation and evaluation, and {2) defer to the meeting of 4/2/91 adoption of the appropriate form of resolution pursuant to protest evaluation. (Director of Planning) 151~3 B. REPORT ON CLAIM OF OPPONENTS OF THE RANClIO VISTA ANNEXATION THAT COUNCIL POLICY NUMBER 570-02 IS II.I.F. GAL - Opponents of the Rancho Vista Annexation are focusing on Policy Number 570-02 as a vehicle to stop the LAFCO annexation effort. Staff recommends that Council accept the report and approve the resolution. (City Attorney) Mayor Pro Tempore Moore stated the public hearing and report would be heard simultaneously. Robert Leiter, Director of Planning, informed Council that the public hearing was continued from 2/26/91 to allow additional opportunity for filing of protests and for staff to provide additional information to property owners. Staff recommended that Council reopen the public hearing, acknowledge additional written protests or withdrawal of protests filed with the City Clerk, request the filing of any further written protests or withdrawals, close the public hearing, refer standing protests to the City Clerk for confirmation and evaluation, and at the meeting of 4/2/91 adopt an appropriate resolution pursuant to the protests. This being the time and place as advertised, the public hearing was reopened. Bren Piller, 473 E1 Rancho Vista North, Chula Vista, California, handed in petitions which she felt when included with previous petitions would represent more than 50% of the registered land owners that were in opposition to the proposed annexation. She questioned how long it would be before they were notified of the results of the evaluation of signatures. Mayor Pro Tempore Moore responded that if an election was required, it could not be held sooner than 88 days from the date of adoption of the resolution. If protests are evaluated by the City Clerk, the determination must come back before Council within thirty days. If it does not require an election or if the protests are sufficient to stop the annexation, it must be published within 30 days. Rather than the 30 days, this would come before Council on 4/2/91. Arthur Johns, 70 E1 Rancho Vista, Chula Vista, California, stated he had initiated the petition for annexation and spoke in support of the staff recommendations. A. N. Feldzamen, 473 E1 Rancho Vista North, Chula Vista, California, questioned whether petitions or withdrawals would be accepted after the closing of the public hearing. Mayor Pro Tempore Moore responded that no further petitions or withdrawals would be accepted by the City Clerk after the closing of the public hearing tonight. Minutes March 12, 1991 Page 4 Art McCredie, 45 E1 Rancho Vista, Chula Vista, California, thanked Council for mailing out the information to the property owners. He questioned ff 25% of the land owners were in favor and 50% of the registered voters were in opposition ff it would go to an election. Mayor Pro Tempore Moore responded that all written petitions and withdrawals would be evaluated and certified by the City ClerkIs Office with information back to Council by April 2, 1991. There being no further public testimony, the public hearing was declared closed. Councilman Rindone referred to a comment that had been made at a previous meeting regarding bifurcating the services of the City which would allow individuals to determine the cost of sewer hook-up and to provide for that service and not for others. He felt that was inappropriate, the minimum that should be looked at would be to pay the equivalent of all the taxes on that property or residence. As elected officials there was an obligation to protect all taxpayers within the City. City Attorney Booguard stated a resolution was presented by his office to clarify the existing policy. It states that the agreement is not to be construed as a limitation on the persons right for or against annexation but only not to execute a protest by either a written protest or petition in a LAFCO type proceeding. Councilman Nader appreciated the clarification by the City Attorney but expressed his concern over the requirement of such an agreement. City Attorney Booguard responded that the policy was established to work with those property owners not contiguous to the City. Councilman Nader requested that staff bring back a brief informational report which gives the policy rationale rather than the legal rational. RESOLUTION 16094 MODIFYING POLICY NUMBER 570.02 MSC CMoore/Nader) to accept the report and offer Resolution 16094 as read, Approved 3-0-1 with Councilman Malcolm absent. 11. PUBLIC HEARING FORCONSIDERATIONOFCOASTALDEVELOPMENTPERMITNUMBER52, CONb'I'KUCTION OF A 245,000 SQUARE FOOT INDUSTRIAL BUSINESS PARK BUILDING OWNED BY ROHR INDUSTRIES, INCORPORATED - Public Hearing for the consideration of a 245,000 square foot business park building on 11 acres of property located at 850 Lagoon Drive and owned by Rohr Industries. Staff recommends Council continue the public hearing to the meeting of March 26, 1991. (Director of Community Developmen0 ~ ~1 q,/e Chris Salomone, Director of Community Development, requested that Council open the public hearing and continue to the meeting of March 26, 1991. This being the time and place as advertised, the public hearing was declared open. MSC CMoore/Rindone) to continue the public hearing to the meeting of March 26, 1991. Approved 3-0-1 with Councaman Malcolm absent. Minutes March 12, 1991 Page 5 O'I~IER BUSINESS 12. ORAL COMMUNICATIONS - None 13. BOARD AND COMMISSION RECOMMENDATIONS: None 14. I~ pUIJ.F.D FROM THE CONSENT CAI~NDAR (Item pulled: 9) The minutes will reflect the published agenda order. 15. CITY MANAGER'S REPORT(S) a. Distributed an informational memorandum to Council regarding the usage of "gray water". Staff will be bringing back an amendment to the Uniform Plumbing Code to allow limited use of gray water. Councilman Nader acknowledged that he was not an expert in this area but felt there may have been some overstating of the hazards of usage. The City is not bound by the County health regulations and he hoped that staff would reach a balance when developing their recommendations. City Attorney Boogaard responded that Chula Vista, as a Charter City, would have the authority to pass police power regulations that would allow the use of gray water. It would currently be illegal as the City had adopted the Uniform Plumbing Code. Assistant City Manager Asmus stated that the City of Santa Barbara had revised their code to include the usage of washing machine water only. City Attorney Boogaard replied that their regulations include a leaching system from an enclosed container in order to protect against health hazards. 16. MAYOR'S REPORT(S) a. Report regarding joint meeting of the San Diego Chapter of the League of California Cities and the County Board of Supervisors: I~t~ 1. Joint Resolution of the Supervisors and Elected Representatives of Cities of San Diego County supporting continued cooperation between cities and counties to find short and long-term solutions for the continuing financial problems facing all levels of government in California. Councilman Nader stated he could support the resolution but did feel it should go one step further by looking at the problem the State is facing. The next step should be to sit down with the State authorities and try to come to some consensus. Council should start developing constructive suggestions on how the State could address some of their problems. MS (Moore/Rindone) to support the Joint Resolution. Minu~s March 12, 1991 Page 6 Councilman Nader requested that staff bring back a report, and an agenda item if appropriate on the proposals that Governor Wilson had made in regard m the State budget this year. Specifically on how that set of proposals would affect the City of Chula Vista. City Attorney Boogaard requested that this action be recorded as a Minute Resolution showing the Council's resolve to support the Joint Resolution since the resolution was not in a form typical of those adopted by the City Council. AMENDMENT TO MOTION: (Moore/Rindone) City of Cllula Vista approves, by Minute Resolution, the Joint Resolution of the Supervisors and Elected Representatives of Cities of Sen Diego supporting continued cooperation between cities end counties to find short end long-term solutions for the continuing finencial problems facing all levds of government in California. Approved 3-0-1 with Councilman Malcolm absent. 2. Cities and County of San Diego - Examples of regional cooperation - No action taken. 3. Recommendations for joint action regarding majority vote on tax proposals MSC (Moore/Rindone) refer to staff for review with report and recommo~da~ons back to Council at the 3/19/91 meeting. Approved 3-0-1 with Councilmen Malcolm absent. 4. Support of proposal by George F. Bailey, Supervisor 2nd District, San Diego County Board of Supervisors regarding drunk driving charges. MSC CMoore/Nader) refer to staff for review with report end recommendations back to Council at the 3/19/91 meeting. Approved 3-0-1 with Councilman Malcolm absent. Councilman Rindone advised staff that the reports should be kept as brief as possible and should only address those issues that would pertain to the City of Chula Vista. b. Informed Council that he had met with representatives of various veterans groups regarding a "welcome home" for the retm~ of the Desert Storm participants. They have requested that the City participate in these activities. Unless otherwise directed he would assume administrative action versus Council action. He felt this would include staff and Council time along with the liability of the wire across Third Street, City Attorney Boogaard stated that this item was not agendized and should be docketed for the 3/19/91 meeting. Councilman Nader requested that this item be docketed for the meeting of 3/19/91. Item is to include appropriation of funds. Councilman Rindone encouraged the planners of the next parade to include the participants of Desert Storm directly behind the Color Guard in order to receive proper recognition. Minutes March 12, 1991 Page 7 17. COUNCIL COMMENTS a. Councilman Malcolm: Opposition to Route 125 Toll Road - Assistant City Manager Asmus stated that there were several speakers in the audience regarding this issue. In talking with them they have requested that the item be continued until there is a full Council present. b. Councilman Nader: Establishment of Desalinization Facility - Stated this was a feasible technology but the costs were four to five times higher than existing water supplies. He expressed his concern over those already living in the area have to pay the tremendous water increases due to new growth water demand. He would like to see some mechanism for assuring that as new development continues to take place, those developing new demand bear the cost of the increased supply, i.e. desalination, etc. MSC (Nader/Moore) to refer to staff and the Interagency Water Authority to look at a mechanism, such as an assessment district, bond issue, etc. on undeveloped areas with report and recommendations back to Council. Approved 3-0-1 with Councilman Malcolm absenL /5/~'7 c. CoUncilman Rindone: Bayfront Task Force Subcommittee Report - Requested that this item be continued to the meeting of 3/19/91 in order to be heard by the full Council. ADJOURNMENT The City Council met in a closed session at 7:15 p.m. to discuss: Pending litigation pursuant to Government Code Section 54956.9 ~ Hall versus City of Chula Vista ADJOURNMENT AT 8:15 P.M. to the Regular City Council Meeting on March 19, 1991 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: Vicki C. SodercTuist, Deputy0~Clerk