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HomeMy WebLinkAboutcc min 1980/03/25 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. March 25, 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: Mayor 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 Building and Housing Grady, Purchasing Agent Espinosa The pledge of allegiance to the Flag was led by Mayor ltyde followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Cox, seconded by Councilman Scott and unanimously carried that the minutes of the meetings of March 13 and March 18, 1980 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY a. Introduction of Council Mayor Hyde introduced Ms. Grace Conlee, member of the Guest Chamber of Commerce and Director of Public Relations of Southwood Mental Health Center. c. Proclamation - Greetings Mayor t~de issued the Proclamation noting that Kristin Doyle, from Chula Vista through Jamie Essex and Kate Wachowiak were the winners of the Student Exchange Scholar- Seventh Annual Chula Vista/Irapuato Sister City Student Ex- ship Program with change Scholarship Program. Mrs. Marry Crouch, Chairman of Irapuato, Guanajuato, the International Friendship Commission, accepted the Mexico Proclamation. d. Presentation of 50-year Mr. Grant, Director of Finance, completed thirty years of Service Award - employment with the City as of March 20, 1980. He has served Gordon K. Grant as the City's only Director of Finance since the position was established on December 15, 1949, and holds the record for continuous service as Director of Finance in any city in the State of California. Mayor Hyde presented Mr. Grant with a SO-year service pin and a Certificate of Commendation. 3. ORAL CO~qUNICATIONS Marty Crouch, Chairman Mrs. Crouch submitted written documentation regarding the International Friendship County of Cambridgeshire, England, asking Council's approval Commission to proceed with establishing a Sister City Affiliation, or as the English say, "a Twinning" with Cambridgeshire. Motion to approve It was moved by Mayor Hyde, seconded by Councilman Cox and unanimously carried that approval be gJven to the efforts to establish a Sister City Affiliation with Cambridgeshire, England, and commission the Intcrnational Friendship Commission to enter into efforts to do so. James Matherly Mr. Matherly read a prepared statement he gave to the Metro- 402 Oaklawn Avenue politan Transit Development Board on March 20, 1980 in which Chula Vista he spoke in opposition to the proposed light rail system ("Tijuana Trolley"), noting the continuous lack of public support for this system. 4. WRITTEN CO~4MUNICATIONS None City Council Meeting -2- March 25, 1980 PUBLIC HEARINGS AND RELATED ORDINANCE 5. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF REZONING opened the public hearing. .6 ACRE ON THE SOUTH SIDE OF "D" STREET, EAST OF Director of Planning Peterson, referring to his written report BROADWAY, FROM R-3 TO to Council, explained that the matter was reset for a public C-T-P hearing so that the applicant could offer additional testimony. Planning Commission On February 13, 1980, the Planning Commission adopted the recommendation Negative Declaration issued on IS-80-33 and recommended approval of the rezoning to C-T-P in accordance with their Resolution PCZ-80-B. The following conditions were revised: 2b. Development to be oriented as much as possible toward Broadway and be designed so as to minimize the necessity of access from "D" Street. The recently widened drive-through from Broadway to be maintained and used for access to the subject property for employees and smaller vehicles. 2c. One access driveway to "D" Street may be maintained for use by vehicles which cannot safely use the drive-through en- trance from Broadway; the other two curb cuts and the one driveway apron to be removed. 2e. A 6' high (minimum) zoning wall to be constructed adjacent to the R-3 zone and landscape screening (trees) as approved by the City to be planted within ninety (90) days after the zoning becomes final. Council questions In answer to the Council's questions, Mr. Peterson gave the chronology of the rezoning of this property; the conditional use permit to use the building for storage purposes noting that the building plans did not contain any provision for lifts; applicant's intent to use the lifts and the accessory building for his own use (hobby: car racing); uses allowed in the R-3 zone; accessory and primary uses; under the current provisions of the zoning ordinance, it is permitted to put in a commercial-type garage as an accessory use (for hobby pur- poses) in the R-3, R-2 and R-1 zones. City Attorney's opinion City Attorney Lindberg differed with this last statement stating that residential uses in terms of permitted uses and accessory uses are intended to fulfill the underlying purpose of a residential zone. The nature of the accessory building should conform to the residential use; therefore, he would determine that this particular commercial use, for hobby purposes, is not a legal use of the R-3 property. Corky McMillin Mr. McMillin gave the Council a brief resume' of his back- 3428 Mt. Paso Street ground as a Chula Vista resident and contractor. He indicated Bonita the issue was one of a "lack of confidence between the Council and staff and I'm caught up in that." Mr. McMillin discussed the increased volume of sales in his auto parts store on the property; the new rest rooms which he put in; his concurrence with the conditions imposed by the Planning Commission and staff with the exception of the one access off "D" Street; this is a corner lot and he should have the right to use it as such, and, therefore, needs two accesses off "D" Street; the conditional use permit obtained in 1954 to use the buildin~ for storage purposes and the purpose to which he is now using the building-to repair his race cars. Dick Callahan Mr. Callahan questioned "whether or not the Council really 1252 Tobias wants businesses in Chula Vista;" referred to the study made Chula. Vista on Broadway in 1972 for increased depth of commercial properti~ and asked for approval of Mr. McHillin's request. Joseph Rindone Mr. Rindone said he owns the adjacent apartment complex to the 230 Guava Avenue east; pleased with the improvements the applicant has made on Chula Vista the property, i. e. black-topping the parking area, painted the buildings and construction of the zoning wall between his apartment and the property. Public Hearing closed There being no further comments, either for or against, the hearing was declared closed. City Council Meeting -3- March 25, 1980 Council discussion Discussion centered mainly around the accesses off "D" Street; the issue of the rezoning; the accessory uses on the property. Motion to delete driveway It was moved by Councilman Cox, seconded by Councilwoman Mc condition - "D" Street Candliss that the ordinance be amended by deleting the first two sentences under paragraph 2c: "One access driveway to "D" Street may be maintained on 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." Discussion of motion Councilman Cox clarified his motion indicating that his in- tent is to allow for two curb cuts and close off the easterly- most access. Mayor Hyde spoke against the motion commenting that if this development were started from scratch, no accesses would be al/owed off "D" Street. Councilman Scott remarked that he would like time to view the property again and determine his feeling about the accesses. Substitute motion It was moved by Councilman Scott and seconded b7 MaTer Hyde that this matter be held off on this amendment motion until Thursday, March 27, 1980, during the Council Conference. Motion carried The motion to hold the matter off until the Council Conference of March 27, 1980 carried by the following vote, to-wit: AYES: Councilmen Scott, Hyde, McCandliss Noes: Councilmen Gillow, Cox Absent: None 5a. ORDINANCE NO. 1905 It was moved by Councilman Scott that the ordinance be placed REZONING .6 ACRE ON THE on first reading, with the exception of Paragraph 2c, and that SOUTH SIDE OF "D" STREET the reading of the text be waived by unanimous consent. EAST OF BROADWAY FROM R-3 TO C-T-P - The motion carried by the following vote, to-wit: FIRST READING AYES: Councilmen Scott, Gillow, Cox, Hyde, McCandliss Noes: None Absent: None CONSENT CALENDAR It was moved by Mayor Hyde seconded by Councilman Scott and unanimously carried that the Consent Calendar be approved and adopted, with the exception of Item Nos. 6 and 7. 8. RESOLUTION NO. 10038 In conjunction with the conditional approval of Tentative Par- ACKNOWLEDGING IRREVOCABLE cel Map 13-78, Guy S. and Rosie M. Ballard have executed the OFFER TO DEDICATE REAL necessary document for making an irrevocable offer of dedica- PROPERTY FROM GUY S. tion which will provide for an 8-foot wide easement for the BALLARD AND ROSIE M. construction and maintenance of a future drainage pipe. BALLARD FOR A DRAINAGE EASEMENT (End of Consent Calendar) 6. RESOLUTION NO. 10039 The contractor has requested a time extension of sixteen (16) GRANTING A 16-DAY EXTEN- days to complete the project due to a delay in receipt of the SION TO THE CONTRACT FOR street light poles. The City Engineer recommended approval; THE INSTALLATION OF STREET the project completion date will be April 18, 1980. LIGHTS ON FOURTH AVENUE BETWEEN "E" AND "F" In answer to Councilwoman McCandliss' question, City Engineer STREETS Lippitt stated there will be no fiscal impact on the granting of this extension. Resolution Offered Offered by Councilwoman McCandliss, the reading of the text was waved by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilwoman McCandliss, Councilmen Scott, Gillow, Cox, Hyde Noes: None Absent: None City Council Meeting -4- March 28, 1980 7. RESOLUTION During 1980/81, approximately $550,000 will be available APPROVING SUBMISSION OF through Transportation Development Act 2% monies for the CLAIM FOR BICYCLE construction of non-motorized facilities in the San Diego FACILITIES STUDY UNDER region. Allocation of these funds is done by the Bicycle ARTICLE 3 OF THE TRANS- Facilities Committee operation under the Comprehensive Plan- PORTATION DEVELOPMENT ACT ning Organization (CPO). In order to meet the March 1, 1980 deadline for submissions, the City Engineer sent in a proposal for funds ($35,000) to evaluate and upgrade the City's Bike Route Element of the General Plan. Motion to file It was moved by Mayor Hyde and seconded by Councilwoman Mc Candliss to file this resolution~ Council discussion Mayor Hyde stated that to ask for a $35,000 grant for this purpose would not be "the wisest use o£ the public funds." City Engineer and Development Services Administrator Robens responded by stating the study is needed since bicycles are becoming a very reliable source of transportation due to the energy crisis; no expertise on the staff, or time, to do this study; the study done in 1972 was a very limited one and not appropriate for this time; use of 2% of the LTF funds are delegated for bicycle studies; if City funds were used (General Fund), the staff would not recommend appropriation of this money for such a study. Motion carried The motion to file the resolution carried by the following vote, to-wit: AYES: Mayor Hyde, Councilmen McCandliss, Gillow, Cox Noes: Councilman Scott Absent: None 9. RESOLUTION NO. 10040 The Transit Coordinator, acting as agent for the South Coast APPROVING ENCROACHMENT Organization Operating Transit (SCOOT), applied for an eh- PERMIT NO. 80-1 ALLOWING croachment permit to allow the installation of bus shelters SCOOT TO INSTALL BUS at the following three locations: STOP SI~LTERS WITHIN PUBLIC RI~T-OF-WAY 1. The northwest corner of East Naples Street and Melrose Avenue next to Kellogg Elementary School. 2. The east side of Broadway, south of "H" Street. 3. The south side of "H" Street, east of Broadway. 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 10. RESOLUTION NO. 10041 The original agreement executed on May 27, 1975, expires on APPROVING FIRST AMENDMENT June 30, 1980. The amended agreement provides a monthly rent TO AGREEMENT BETWEEN THE of $550.00 for the period July 1, 1980 through June 30, 1981 COUNTY OF SAN DIEGO AND with a cost of living increase effective July 1, 1981 if hold- THE CITY OF CHULA VISTA over on a month-to-month basis is required. FOR JOINT USE OF CITY OF CHULA VISTA FACILITIES Discussion of rest room In answer to Mayor ~de's query, the City Manager stated that restorations $350 is the average cost for the use of the rest rooms; how- ever, it does not include paper, soap, or custodial service. Council discussion followed regarding the County's "full-cost" policy on all contracts; havlng the County share the cost o~ the remodeling of the rest rooms; £ost based on square footage of the f~cilitios used by the ceurt. City Council Meeting -S- March 25, 1980 Motion for the County to share It was moved by Mayor Hyde and seconded by Councilman Gillow cost of restoration that an amendment be added to this agreement which would ex- pressly state that the County and City would share the cost for appropriate reconditioning of the rest room facilities in City ltall at such time as the Court operations in City Hall have been terminated. Discussion of motion Director of Building and Housing Grady stated that the present rest room facilities will be torn out during the remodeling construction and new ones installed. Motion modified It was moved by Mayor Hyde, seconded by Councilman Gillow and unanimously carried that the motion be modified to state that "not that (the City) share the cost, but that the County pay for the cost of necessary reconditioning of the rest rooms in this facility that may be needed when the Court facility moves out of this building." Resolution offered as Offered by Mayor Hyde, as amended, the reading of the text was amended waived by unanimous consent, passed and adopted by the follow- ing vote, to-wit: AYES: Mayor Hyde, Councilmen McCandliss, Scott, Gillow, Cox Noes: None Absent: None 11. RESOLUTION NO. 10042 Bids were received on February 29, 1980, for the purchase of ACCEPTING BIDS AND one ~ ton pick-up truck for the ~imal Regulation Department. AWARDING CONTRACT FOR The contract is awarded to the low bidder, South Bay Chevrolet, ONE ~ TON PICK-UP TRUCK for the amount of $5,127.29 including sales tax. Account No. 100-1100-5565 provides $5,400 for the purchase of this vehicle. 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 12. RESOLUTION NO. 10043 When the City filed its FY-1979/80 LTF claim for $836,700, it AUTHORIZING REPAYMENT TO was anticipated that it would operate Chula Vista Transit; CPO IN THE AMOUNT OF however, in an effort to avoid the LTF 50% limitation require- $143,277 FROM THE TRanSIT meat, SCOOT was fornted and began operating the Transit system SERVICE FUND FOR LTF (August 20, 1979). As the City received $210,000 in LTF funds OVER-PAYMENT FOR FY79/80 and since it was eligible for only $66,723, the Council is authorizing the payment of $143,277 from the Transit Service Fund to the CPO as a refund of the LTF overpayment. 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 13. RESOLUTION NO. 10044 Bids were received on March 19, 1980, for this project. The ACCEPTING BIDS AND AWARDING resolution accepts the bids and awards the contract to the CONTRACT FOR THE iow bidder, Don J. Siegert~ in the amount of $431,640.00. The MODIFICATION OF CITY HALL expenditure of $453,222.00 includes the 5% contingency and is authorized from Fund 636. Resolution offered Offered by Councilman Cox the reading of the text wag waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, Hyde, }4cCandlisg, Scott, Gillow Noes: None Absent: None City Council Meeting -6- March 2S, 1980 14. ORDINANCE The ordinance requires each property owner, lessee or agent AMENDING CHAPTER 12.32 of multiple family, commercial and industrial property to OF THE MUNICIPAL CODE maintain that portion of the public right-of-way immediately BY ADDING A NEW SECTION adjacent to property under his/her control and shall include 12.32.190 AND AMENDING the area between the private property line and the public SECTION 12.32.030 RELATING curb line. TO MAINTENANCE OF LAND- SCAPING BY PROPERTY OWNERS FIRST READING Motion to set for a public It was moved by Mayor Hyde, seconded by Councilman Cox and hearing unanimously carried that this matter be set for a public hearing, rather than act on it tonight, and that it be specifically referred to the Chamber of Commerce and the South San Diego Bay Cities Board of Realtors for comment. CONTINUED ITEMS AND SECOND READING OF ORDINANCES 15. ORDINANCE NO. 1903 At the meeting of March 18, 1980, the Council placed this P2dENDING THE CODE BY ordinance on its first reading. It brings stock cooperative ADDING A NEW SECTION and community apartment projects under the purview of RELATING TO CONVERSION Chapter 15.56 subject to the same regulations as condominiums. OF MULTIPLE DWELLING UNITS HELD UNDER SINGLE OWNERSHIP TO INDEPENDENT OWNERSHIP - SECOND READING AND ADOPTION 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 Scott, Gillow, Cox, Hyde, ~IcCandliss Noes: None ABsent: None 16. ORDINANCE NO. 1904 The Council placed the ordinance on its first reading at the ESTABLISHING SPECIAL meeting of March 18, 1980. It provides that any resident PERMIT PARKING IN A TWO- located on a residential street with a two-hour parking limit HOUR PARKING ZONE - provision may obtain a permit with proof of address and SECOND READING AND vehicle registration which will be affixed to his windshield. ADOPTION The vehicle so designated will be exempt from being ticketed by the parking officer. The permit is valid for permittee's street only. 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 Scott, Gillow~ Cox, Hyde, McCandliss Noes: None Absent: None 17. REPORT OF THE CITY MANAGER a. Report on staffing for In a written report to Council, the City Manager stated that Community Development the Policy Analysis and Program Evaluation unit is currently Department writing a report on the decision-making process and staffing for the housing program. Mr. Cole asked the Council to defer action on this matter until the Conference of April 24, at which time the reports will be ready. Motion to defer action It was moved by Councilman Scott, seconded by Councilman Gillow and unanimously carried that the report be accepted and the matter set for the April 24, 1980 Conference. b. Revised Council Conference City Manager Cole submitted a revised Council Conference Schedule schedule. l_ City Council Meeting -7- March 25, 1980 REPORT OF TttE CITY MANAGER c. Traffic signal at 1-805 The City Manager reported that the signals at 1-805 and and Telegraph Canyon Road Telegraph Canyon Road are now functioning. Councilman Scott commented that there is already a noticeable difference in the traffic flow. d. Plaque for the Public City Manager Cole reported that the plaque for this building Services Building will be installed next week. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 18. Quarterly reports for In a written report, Development Services Administrator Robens Chula Vista Transit reported that the total ridership for Chula Vista Transit was (SCOOT) and Handytrans up 22.4% in the second quarter of this fiscal year, as com- pared to the same quarter for last year. Further, the fare- box revenue increased by 51.2% for the fiscal year '80 second quarter as compared to the fiscal year '79 second quarter. As for HandYtrans, the ridership has been increasing continual- ly from 20 to 30 per day at the outset to about 70 per day in ,January. Motion to accept report It was moved by Mayor Hyde, seconded by Councilman Scott and unanimously carried that the report be accepted. Mayor Hyde said it would be helpful, in the future, to submit a diagram of the routes mentioned in the report. 19. Vista Arizona Tentative City Attorney Lindberg noted that one of the conditions of the Map map approved by the Council last week was related to the work that had to be done on the drainage channel adjacent to the property. The property owner stated that he did not want to post a bond and prefers to give the City the sum of $8,000 to be used for the purpose of constructing the drainage chan- nel -- not reimburseable, but be an outright payment to the City. Motion to amend resolution It was moved by Councilman Scott, seconded by Councilman Cox and unanimously carried that the resolution be amended to in- clude this provision (the payment of $8,000 for drainage con- struction purposes). MAYOR'S REPORT San Diego Bay Bicycle Trail Mayor Hyde reported that at the last meeting of the Regional Route Coastal Commission an amendment to the coastal bike route was discussed. It called for a diversion of the route at 24th Street in National City (leaving the close proximity to the waterfront area), head east on 24th Street to National Avenue, proceed south to Broadway, turning back west to the Bay on "F" Street. The Chiefs of Police from Chula Vista and National City both opposed the detour pointing out the potential for accidents that might occur. Mayor tlyde said he made a motion to amend that plan to go back to two other alternatives keep- ing the bike route adjacent to the railroad tracks close to I-5. The motion failed by a vote of 5 to 5. Motion to oppose at State It was moved by Mayor Hyde, seconded by Councilman Scott and level unanimously carried that this Council oppose the modifications of the San Diego Bicycle Trail Route as approved by the San Diego Coast Regional Commission when the plan goes before the State Coastal Commission and that tho City solicit the support of the City of National City in behalf of this opposition. Parks & Recreation "Philosophy Mayor Hyde asked the Council to review this statement for Statement" response to the Commission. Status of Town Centre parking It was moved by Mayor llyde, seconded by Councilman Cox and unanimously carried that this matter be set for a Council Conference in the near future. Mayor Hyde noted the proposal done approximately 10 months ago and asked the Council to review this, note what has been done since then~ and then determine whether or not a higher degree of priority should be established. City Council Meeting -8- March 25~ 1980 COUNCIL COMMENTS Motion for Neighborhood It was moved by Councilman Gillow, seconded by Councilman Watch budget Scott and unanimously carried that the staff look into the situation of having the Neighborhood Watch Program have a separate budget account (to be done prior to budget time). Shuffleboard cover repair Councilman Gillow referred to the memo from Parks and Recreation Director Hall regarding the damage to the shuffle- board cover. City Manager Cole stated that he informed Mr. Hall to make the necessary repairs and that a grant application will be made for the permanent improvement. Executive Session It was moved by Councilman Cox, seconded by Councilman Scott and unanimously carried that an Executive Session be called for Thursday, March 27, 1980 after the Council Conference, for litigation purposes. Baseball League fees Councilman Cox discussed the increase in the fees that are going to be charged in the Parks and Recreation Baseball League. Up to this point, the requirement has been that 50% of the teams have to be Chula Vista residents -- this has now changed to 75%. Motion for staff report It was moved by Councilman Cox, seconded by Councilwoman ~cCandliss and unanimously carried that the staff be prepared next week at the Council meeting, to present an oral report regards to what the rationale was; also, whether or not it has been approved by the Parks and Recreation Commission. Bicycle Path Councilwoman McCandliss asked if the staff ever considered this project for the Parks and Recreation Department with consultation by the Engineering Department. Development Services Administrator Robens declared that this Bicycle Element investigation was done by the Parks and Recreation Department in 1972; however, it became evident that for the most part, the overwhelming bike route was on the street system. It was then changed to become the re- sponsibility of the Engineering Department. "J" Street Marina Clean-up Councilman Scott said he was down to the marina last week and noticed graf£itti on the rest rooms, the water fountain was missing and the parking lot not swept. Motion for staff report It was moved by Councilman Scott, seconded by Mayor Hyde and unanimously carried that the staff look into the graffitti and water fountain replacement at the marina (oral report next week). Motion to cancel the meeting It was moved by Councilman Scott, seconded by Councilman of April 8, 1980 Gillow and unanimously carried that the meeting of April 8, 1980, be cancelled (due to the election) and a meeting be held on the fifth Tuesday instead. Movie debut Councilman Scott said he is appearing in a movie "Health and Fitness" now showing at the Unicorn at La Jolla. He said he has a 1~ minute speaking part in the movie -- he was inter- viewed last summer while jogging through Balboa Park. ADJOURNMENT Mayor liyde adjourned the meeting at 10:00 p.m. to the Council Con£ercnce scheduled for Thursday, ~larch 27, 1980 at 4:00 p.m. in Conferenc~ Room Nos. 1 and 2 of the Library. Jenn' e~. '~Fulas z, C ~