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HomeMy WebLinkAboutcc min 1980/04/01 MINUTES OF A REGULAR FLEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFOPdqlA Held Tuesday - 7:00 p.m. April 1, 1980 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date beginning at 7:00 p.m. in the Council Chamber, Public Services Building, 276 Fourth Avenue. ROLL CALL Councilmen present: Mayer Hyde, Councilmen Gillow, Cox, McCandliss, Scott Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Development Services Administrator Robens, City Engineer Lippitt, Director of Planning Peterson, Director of Parks and Recreation Hall, Director of Building and Housing Grady, Director of Public Safety Winters, Director of Community Development Desrochers The pledge of allegiance to the Flag was led by Mayor Hyde followed by a moment of silent prayer. 1. APPROVAL OF MINUTES Councilwoman McCandliss asked for a correction in the March 15, 1980 minutes changing her statement under General Comments, page 3: "administration and direct services .... " It should read: "administration instead of direct services." It was moved by Councilwoman McCandliss, seconded by Council- man Scott and unanimously carried that the minutes of the meetings of March 15 and March 25, 1980 be approved, with the correction as noted, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. Introduction of Council Mayor Hyde introduced Mr. Reynolds Heriot, Member of the Guest Chamber of Commerce and operator of the Chula Vista Travel Center. b. Proclamation - Mayor Hyde read the proclamation he presented this morning to "Remember the Hostages Mrs. Morefield, wife of one of the hostages, proclaiming Day" April 4, 1980 as "Remember the Hostages Day". 3. ORAL COMMUNICATIONS a. James Matherly Mr. Matherfy read a statement he gave before the Metropolitan 402 0aklawn Avenue Transit Development Board on March 24, 1980, in which he Chula Vista jected to the light rail system. 4. WRITTEN COMMUNICATIONS a. Request for use of City The Bonita Optimist Club requested the use of the City's grass/weed control grass and weed control equipment for Saturday in order to equipment improve their County-leased area for parking and soccer fields. The City Manager recommended denial based on the fact that it would not be appropriate for inexperienced volunteers to use the heavy duty-type City mowers. Motion to deny It was moved by Mayor Hyde and seconded by Councilman Scott that the request not be approved and that the Optimist Club be advised of the reasons therefor. Discussion of motion Councilman Cox said he was a member of this Club and noted his recent support of the City'7 water vehicle for the Boys and Girls Club, commentJng that the City should try to support such organizations in any way they can, especially in the years ahead as the financial picture get5 tighter and tighter. Motion carried The motion carried by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Scott, Gillow, McCandliss Noes: Councilman Cox Absent: None City Council Meeting -2- April 1, 1980 PUBLIC HEARING AND RELATED RESOLUTION City Engineer's Item 5. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF ASSESS- opened the public hearing~ MENTS FOR THE WALNUT AVENUE 1911 ACT ASSESSMENT City Engineer Lippitt, referring to his written report, dia- DISTRICT 79-1 gram and role of the Assessment District, stated that the contract awarded to Daley Corporation has now been completed. The public hearing is on the work and assessment. Written protests City Clerk Jennie Fulasz read the two letters of protests from Robert F. Kroeger, 4215 Helix Del Sur, La Mesa and Paul E. Doty, Vice President of Finance, R.J.M. Marine Consultants, Inc. Further Explanation City Engineer Lippitt explained how the formula for the assessments was spread: 70% for lot frontages and 30% for lot areas. Robert Kroeger Mr. Kroeger discussed his three visits to the Engineering Department giving them suggestions on how to save money on the improvement district. His recommendations were taken and it saved $15,000 on this project. Mr. Kroeger objected to being assessed for the last 100 feet of his property stating that he has a circle driveway and his tenants will never use the last 100 feet of this street -- they would have no need for it. Mr. Kroeger added that because of the shape of his lot lot (triangular), he was only able to build on 40% of it. He remarked that the cost of the cul-de-sac, including the curb, pavement, etc should be borne by the entire assessment district City Attorney's opinion Mr. Lindberg stated that Mr. Doty's letter of protest referred to the quality of the improvements -- this is not a proper form for such protests. The protests that are received should be strictly to the question of the spread of the assessments and the equitability of that spread. Mr. Paul Doty Mr. Dory, noting the Attorney's comments, suggested that be- fore the Council approved the street improvements, to order staff to review the drainage since he has water draining from the road onto his property. Mr. Dory added that he has been assessed $1,089 for a driveway into an alley that is used solely by custom,ers of a bar located on the northerl7 most parcel on that street." (Palomar Inn) Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Council discussion Discussion followed in which the staff answered the Council's questions pertaining to the objections of Mr. Kroeger and Mr. Dory; the percentage formula for the assessments; the actual use of the driveway by Mr. Dory; and the fact that Mr. Dory had not discussed his concerns with the City Engineer prior to this meeting. Motion to reopen hearing It was moved by Mayor Hyde, seconded by Councilman Scott and and continue for one month unanimously carried that the public hearing be reopened and continued for one month so that staff can have the opportunity to review this matter. Sa. RESOLUTION (Continued for on~ month.) CONFIRMING PROCEEDINGS AND ASSESSMENT AND ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE WALNUT AVENUE 1911 ACT ASSESSMENT DISTRICT 79-1 City Council Meeting -3- April 1, 1980 CONSENT CALENDAR It was moved by Councilwoman McCandlixs, seconded by Councilman Cox and unanimously carried that the Consent Calendar be approved and adopted. 6. RESOLUTION NO. 10045 - Acceptance of this easement completes the acquisition of ACCEPTING GRANT OF EASE- eight of the nine required sewer easements for the construc- MENT FROM NANCY L. tion of a gravity relief sanitary sewer main to take the PERROTT FOR SEWER PURPOSES Rosebank sewer pump station out of service. 47 SECOND AVENUE 7. RESOLUTION NO. 10046 - A final inspection of the improvements was made on March 24, ACCEPTING PUBLIC IMPROVE- 1980 and ail work has been completed to the satisfaction of MENTS IN THE HODGE the City Engineer. The developers have placed $6,000 bond BROTHERS INDUSTRIAL PARK with the City guarantee the improvements for a period of SUBDIVISION one year after acceptance. 8. RESOLUTION NO. 10047 - A final inspection of the improvements was made on Febur- APPROVING AND ACCEPTING ary 18, 1980 and all work has been completed to the satis- PUBLIC IMPROVEMENTS IN faction of the City Engineer. The developers have placed THE VISTA DE OTAY a $4,350 cash deposit with the City to guarantee the SUBDIVISION improvements for a period of one year after acceptance. 9. RESOLUTION NO. iOOA8 - The resolution sets the date of September 4, 1980 for the ESTABLISHING DATES FOR property owners to be ready to receive the underground PROPERTY OWNERS TO BE service, and November 17, 1980 for the pole, overhead wires READY TO RECEIVE UNDER- and associated structures to be removed. The cost of GROUND SERVICE AND REMOVAL converting the electrical service connections will be borne OF POLE AND OVERHEAD by the twenty-eight property owners. FACILITIES WITHIN UNDER- GROUND UTILITY DISTRICT NO. 110 ON FOURTH AVENUE FROM "F" TO "G" STREETS AND ALONG CENTER FROM FOURTH AVENUE TO LANDIS AVENUE RESOLUTIONS AND ORDINANCES, FIRST READING 10. RESOLUTION NO. 10049 - The City Engineer recommended approval based on the following APPROVING ENCROACK~IENT conditions: (1) permit to expire on the date the City PERMIT NO. 80-5 TO assumes responsibility for maintaining open space lot 243; PONDEROSA HOMES TO (2) a separate building permit to be obtained from the ERECT MODEL HOMES SIGN Building and Housing Department; (3) permittee to conform to IN OPEN SPACE LOT 242 11 requirements of Ordinance No. 1836; (4) encroachment OF RANCHO ROBINHOOD III area to be restored to its original condition upon removal of the sign. Resolution offered Offered by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Gillow, Cox, Hyde, McCandliss Noes: None Absent: None 11. RESOLUTION NO. 10050 - Recent floods destroyed the No. 13 and No. 1 greens at the APPROVING AGREEMENT BETWEEN Chula Vista Municipal Golf Course. The Director of Parks THE CITY OF CHULA VISTA AND and Recreation requested that the Council approve advancing LEISURE PLANNING ASSOCIATES the sum of $5,100 (prior to receiving Federal Disaster Funds) TO DESIGN TWQ GOLF COURSE for Leisure Planning Services to provide the construction GREENS AND APPROPRIATING drawings, specifications, cost estimates and inspection FUNDS FOR SUCH SERVICE services needed to construct the two golf course greens. Resolution offered Offered by Councilman Cox, the reading of the rex': was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Hyde, McCandliss, Scott, Gillow Noes: None Absent: None lla. RESOLUTION NO. 10051 - Recent flood damage has completely cut off all golf course FINDING THAT RECONSTRUC- revenue. To stem the further loss o£ golf course revenue, q~ON WORK ON THE CHULA the Director of Parks and Recreation recommended that the VISTA MUNICIPAL GOLF repairs to the golf course be done by City crews as quickly COURSE IS EXEMPT FROM as possible and that the sum of $156,800 be loaned from the THE REQUIREMENT OF SECTION General Fund for this purpose pending receiving funds from 1009 OF THE CHULA VISTA the Federal Disaster Assistance Program. CITY CHARTER AND APPRO- PRIATING FUNDS FOR THE GOLF COURSE RECONSTRUCTION City Council Meeting -4- April 1, 1980 Resolution offered Offered by Mayor Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Mayor Hyde, Councilwoman McCandliss, Councilmen Scott, Gillow, Cox Noes: None Absent: None 12. RESOLUTION Since the approval of their final map, the developers have not APPROVING AGREEMENT been able to obtain financing for their project and have re- BETWEEN THE CITY OF quested a refund of $5,500 of the residential construction tax CHULA VISTA AND TWIN and $4,800 in park fees. OAKS REALTY INVESTORS, LTD. FOR RELEASE OF RESIDENTIAL CONSTRUCTION TAX AND PARK FEES - TWIN OAKS CONDOMINIUMS Continuance requested City Attorney Lindberg asked for a continuance of this item for a period of two weeks. Motion to continue It was moved by Mayor Hyde, seconded by Councilwoman McCandliss and unanimously carried that the resolution be continued for two weeks (meeting of April 14, 1980). UNANIMOUS CONSENT ITEM 12a. RESOLUTION NO. 100S2 City Attorney Lindberg stated that the City of Bakersfield SUPPORTING SENATE BILL has requested the City of Chula Vista to join them in support 1827 AMENDING THE STATE of this bill which would define the communities for the LAWS RELATING TO tablishment of communit7 standards for judging obscene or PORNOGRAPHY AND THE pornographic material, defining those as County-wide areas. ABATEMENT OF PORNOGRAPHIC The Supreme Court has stated that the State Legislature has MATTER the ability to define the communities within their own state boundaries. Mr. Lindberg added that this matter will come before the State Committee on April 8, 1980. Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Hyde, McCandliss, Scott, Gillow Noes: None Absent: None CONTINUED MATTERS AND SECOND READING OF ORDINANCES 13. REEORT ON REQUEST FROM City Engineer Lippitt stated he discussed this matter with the KAMPGROUND ENTERPRISES FOR owner of KOA, Ted Bell, and with representatives of CALTRANS. CITY SUPPORT OF THEIR RE- It was his recommendation that Council address a letter to QUEST TO CALTRANS TO CALTRANS requesting the following: (1) Prior to the next IMPLEMENT FLOOD IMPROVE- rainy season, construct a protective rip-rap along the curved MENTS IN THE SWEETWATER alignment of the dike adjacent to KOA; (2) Use the fill VALLEY AT AN ACCELERATED material on the north side of the channel for the first phase SCHEDULE of theI-~54 Interchange; (3) Be requested to develop an acceptaule solution so that Edgemere Avenue service disruption is reduced or construct the Edgemere Avenue bridge during the first phase of the 1-5/54 project. Ted Bell Mr. Bell thanked the Council for its support of his request Kampground Enterprises and asked that the City Engineer's recommendations be 3601Edgemere Avenue accepted. Chula Vista Motion for letter It was moved by Councilman Scott, seconded by Councilman Gillow and unanimously carried that the recommendations of the City Engineer be ac¢opted. City Council Meeting -5- April 2, 1980 14. ORDINANCE NO. 1905 At the meeting of March 25, 1980, the Council placed the REZONIN~ .6 ACRE ON ordinance on its first reading deleting the condition of SOUTH SIDE OF "D" the two access driveways te "D" Street pending the Council- STREET EAST OF BROADWAY men's viewing of the subject property. FROM R-3 TO C-T-P - SECOND READING AND At the Council Conference held March 27, 1980, the motion ADOPTION was made to approve the twe accesses. Mayor Hyde voted against the motion and Councilman Scett was absent during discussion of this matter. Mayor Hyde remarked that the matter should not have been discussed at the March 27th Conference until a full Council was present. Motion for adoption of It was moved by Mayor Hyde~and seconded by Councilman Scott Ordinance Ne. 1905 with that in lieu of adopting the ordinance as passed on its first change in language in 2c reading, that the Council adept the language of the staff's recommendation which is the same as the ordinance passed on its first reading with the exception of paragraph Staff's recommendation The staff's recommendation on 2c is as fellews: "One access on 2c driveway to "D" Street may be maintained en the subject property for use by vehicles which cannot safely use the drive-through entrance from Broadway. The other two curb cuts and the one driveway apron shall be removed. Street improvements and landscaping shall be installed in accordance with City standards." City Attorney's opinien City Attorney Lindberg stated that the motion changing the language of the erdinance as placed on its first reading, cannot be placed on second reading but must now go back to a first reading. Discussion of motion Ceuncilman Scett said he leoked over the property in question and reviewed the entire development (what the staff did and what the Council did relative to relocation of buildings and zoning). He feels that the driveway to the west is super- fleus and that one larger driveway to the east would serve the property better. Corky McM~llin Mr. McMitlin asked that his letter be entered into the record: 3428 Mt. Paso Street "April 1, 1980 - Letter to the City Council from Macey L. Bonita McMillin, Jr., President of McMillin Develepment, Inc. Re: Rezone of 0.6 acre on south side of "D" Street from R-3 te C-T-P. It is requested that the rezone be granted subject to the ¢onditiens of appreval decided at the public hearing on March 25, 1980 and subsequent Council Cenference on March 27, 1980. The conditions of approval permit two access driveways on "D" Street. If the cenditions of approval are altered by limiting access en "D" Street to only one driveway, then I withdraw my rezone requests" Council cemments Councilwoman McCandliss stated she does not believe it is a questien of good zening versus bad zoning -- that the question of one large driveway versus two small driveways is not a significant planning point. If the two driveways were kept, there weuld not be any mere traffic activity on "D" Street then if there were one driveway. Motion failed The motion to adopt Ordinance No. 1905 with the change in language (2c) failed by the following vote, to-wit: Ayes: Mayor Hyde, Councilman Scott Noes: Councilmen Gillow, Cox, McCandliss Absent: None Ordinance placed on second It was moved by Councilman Scott that this ordinance be reading and adopted placed on its second reading and adopted and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen $cott~ Gillow, Coxj Hyde, McCandliss Noes; None Absent: None City Council Meeting -6- April 1, 1980 15. REPORT OF THE CITY bl/~NAGER a. Report on baseball fees City Manager Cole referred to a memo received from the and residents' require- Director of Parks and Recreation in which he stated that ments the teams were provided with four options. At a meeting on March 19, 1980, the teams voted to go with Option "A" which is the most expensive one providing for everything they have had in the past including awards, supervisor, etc. As to the residents' requirements, it came about because of the limited number of ballfields and the Parks and Recreation Department felt first choice should be given to the citizens of Chula Vista. Councilman Cox said it was his understanding that with the 50% requirement last year, there were 30 teams involved. This year, with the 75% requirement, only 8 teams are able to meet this requirement. Motion for staff report It was moved by Councilman Scott and seconded by Councilman Cox that the staff.come back with a statement from the Parks and Recreation Department in regard to how many teams the City has and whether or not (the City) should have the 75% rule. Jerry Prior Mr. Prior commented that he has been involved in this pro- 689 "It" Street gram for many years. The alternatives to reducing the costs Chula Vista was to basically take away all the fringe benefits the teams have enjoyed for years; therefore, they opted for the most costly one. "Because of lack of response", Mr. Prior stated that there has been talk of cancelling the teams this year. He asked the Council to reconsider the 75% resident's re- quirement and let more teams come in. Motion carried The motion for the staff report carried unanimously. b. Report on "J" Street City Manager Cole reported that the "J" Street Marina is Marina maintenance swept by the City crews once a month. The Parks and Recrea- tion Director has asked Development Services Administrator Robens to check the maintenance contract with the Port District to see if the area could be swept more often. Motion to contact the It was moved by Mayor ttyde, seconded by Councilman Scott and Port District unanimously carried that the staff be asked to approach the Port District from the point of view that the Council feels it would be appropriate to increase the level of street sweeping maintenance and would they (the Port District) agree to the cost that would be incurred in so doing. Development Services Administrator Robens recommended that the Marina be swept once a week in the summer and bi-weekly in the winter. Included in motion Mayor Hyde included this schedule in his motion; Councilman Scott agreed to the second and the motion carried unanimously. C. Drinking fountain City Manager Cole stated that the Port District will be sending out a man to repair the drinking fountain at the Marina. d. Golf Course to reopen The Director of Parks and Recreation reported that the front 9 holes at the golf course will be opened for public play on April 12, 1980. e. Plaque on building City Manager Cole remarked that the plaque has now been in- stalled on the Public Services Building. f. Library tour A tour of the Library was conducted today by the Librarian for seven Japanese professors and a translator . They were very impressed with the Library anu the Serfs System. City Council Meeting -7- April 1, 1980 g. Revised Council Conference The City Manager submitted a revised Council Conference Schedule Schedule noting that on April 10, 1980, he added the item of "H" Street Extension Financing Plan. On April 19, 1980 the Council will tour the City to view the capital improve- ment projects. Councilman Scott asked that the Police and Fire facilities be included in this tour. h. Monthly passes at City Manager Cole indicated that there would be no monthly golf course passes honored at the golf course for the nine~hole play. In answer to the Council's question, Director of Parks and Recreation Hall explained that the passes are based on an 18-hole type golf course and these passes will be suspended until the entire 18 holes are back on the course. REQUESTS AND REPORTS OF CITY BOARDS AND Cob~qlSSIONS 16. Report on 0tay Mesa The Environmental Control Commission, at its meeting of East Community Plan February 4, 1980, went on record to the Council that it feels "the Otay Mesa East Community Plan would have a negative im- pact on the City of Chuta Vista; and from an environmental standpoint, the air quality, traffic problems and the necessity of including the proposed Highway 12S, would create further hardships and growth inducements on the Chula Vista community." City Manager Cole commented that although the staff cannot disagree with the recommendations of the Environmental Control Commission, it can neither see much point in mounting a campaign in opposition to the plan. Motion to schedule for a It was moved by Councilman Scott, seconded by Councilwoman Council Conference McCandliss and unanimously carried that this item be set for Council Conference following the budget review. 17. REPORT ON WATER AND On September 18, 1979, the Council heard a presentation by ENERGY SUPPLIES Eugene Coleman, 1670 Gotham Street, requesting that the Council take the lead in San Diego County by investigating the water conditions and that a series of public meetings be held to question representatives of the local water districts con- cerning this issue. The matter was referred to the Environ- mental Control Commission for comment and recommendation. On January 21, 1980, the Environmental Control Commission voted to inform the Council that it is obvious there will be water and energ7 shortages and that the City should plan ahead and discuss these matters with developers with con- servation in mind. As to holding public hearings, the Environ- mental Control Commission felt the hearings held by the Comprehensive Planning Organization provided sufficient information. City Manager Cole agreed with the recommendations of the Commission noting that these items are handled by the Develop- ment Services group. Further, at a recent Council Conference, staff was directed to limit water pressure to 35 psi in new apartments and condominiums and to contact the Sweetwater Authority as to the establishment of solar utilities. Motion to accept report It was moved by Councilman Scott, seconded by Councilwoman McCandliss and unanimously carried that the report be MAYOR'S REPORT accepted. a. Appeal of Bike Route In answer to the Mayor's query, City Engineer IAppitt reported that the staff has developed its appeal -- they will state that Broadway is not a bike route and that it cannot be used as such. City Council Meeting -8- April 1, 1980 b. Appointment to the Mayor Hyde appointed Mr. Norm Black to fill the vacancy on Visitor lndustry the Mayor's Visitor Industry Advisory Committee. Advisory Committee Motion to ratify It was moved by Councilman Cox, seconded by Councilwoman McCandliss and unanimously carried that this appointment be ratified. c. Attorney General's It was moved by Councilman Cox, seconded by Councilman Scott response re adult enter- and unanimously carried that the Mayor be asked to renew his tainment ordinance request to Assemblyman Deddeh to insure that the City receives an opinion regarding the advisory referendum. d. Apology for lights Mayor Hyde commented that he received an apology from the being turned off City Librarian for the lights being turned off at the Council Conference of March 27 held at the Library. e. TV monitor Discussion followed regarding the TV monitor displayed this evening and the fact that the picture was not sharp or clear. Director of Building and Housing Grady explained that the camera which was used was purchased as part of the entire package; however, it will not be a total loss since other de- partments can use it. Mr. Grady added that he will either borrow or rent a camera with greater capabilities. COUNCIL COMMENTS a. Legislative Report Motion to support It was moved by Councilman Cox, seconded by Mayor Hyde and AB 3302 (Knox) unanimously carried to support AB 3302 (Knox) which extends the MORGA Island Annexation Provisions to January 1, 1985. Motion to support It was moved by Councilman Cox, seconded by Mayor Hyde and SB 1660 unanimously carried to support SB 1660 (legislation which provides for stringent paraphernalia control to protect minors from the merchandising of the drug culture), and to communicate that support to the legislators. c. Items for the Redevelop- It was moved by Councilman Cox, seconded by Councilwoman Mc ment Agency Meeting Candliss and unanimously carried that the following items be placed on the Redevelopment Agency agenda for Thursday, April 3, 1980: (t) AB 2795 (Kapiloff) dealing with the air- port district; and (2) AB 2257 which the Community Development Director would like to have the Council take a position on. d. Executive Session It was moved by Councilman Cox, seconded by Mayor Hyde and unanimously carried that an Executive Session be called for reasons of pending litigation and personnel matters. The Council recessed to Executive Session at 9:07 p.m. The City Clerk was excused and the City Manager reported that the Executive Session adjourned at 10:00 p.m. ADJOURNMENT Mayor Hyde adjourned the meeting at 10:00 p.m. to the meeting scheduled for April t0, 1980 at 4:00 p.m. (Council Conference) and to the regular meeting of April 1S, 1980 at 7:00 p.m. Mayor Hyde noted that the meeting of April 8, 1980 has been cancelled due to the election. Jennie M.s~ulasz, CMC