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HomeMy WebLinkAboutcc min 1980/01/15 MINUTES OF A REGULAR CITY COUNCIl, MEETING OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. January 15, 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 Chambers, Public Services Building, 276 Fourth Avenue. ROLL CALL Councilmen present: Mayor Hyde, Councilmen Gillow, Cox, McCandliss Councilmen absent: Councilman Scott Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Acting City Engineer Goldkamp, Director of Planning Peterson, Director of Building and Housing Grady, Director of Finance Grant A. RESOLUTION NO. 9922 - Offered by Mayor Hyde, the text of the resolution was read PROCLAIMING A NATIONAL DAY by Mayor Hyde, passed and adopted by the following vote, OF REMEMBRANCE AND UNITY to-wit: HONORING THE BIRTHDAY OF DR. MARTIN LUTHER KING ON AYES: Mayor Hyde, Councilmen McCandliss, Gillow, Cox JANUARY 15 Noes: None Absent: Councilman Scott The pledge of allegiance to the Flag was led by Mayor Hyde followed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Cox, seconded by Councilwoman McCandliss and unanimously carried by those present that the minutes of the meeting of January 8, 1980 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY (None) 3. ORAL CO~MUNICATIONS a. Jack Mann Mr. ~ann~ representing the ADMA annexation, indicated be would speak in reference to the item under Unanimous Consent (ltem 10a). b. James Matherly Mr. Matherly read a speech he gave before the MTDB on 402 Oaklawn Avenue January 14, 1980 opposing the "Tijuana Trolley" and the Chula Vista high cost of government spending. c. Lorraine Sifer Mrs. Sifer stated her house has been vandalized and her 1404 Hilltop Drive husband's car window has been shot out; however, calls to Chula Vista the police have not produced any results. She asked for more police protection in this area. Motion to refer to It was moved by Mayor Hyde, seconded by Councilman Gillow City Manager and unanimously carried by those present that the City Manager look into this report and see if there is anything that can be done to increase the (police) surveillance in that particular area. 4. WRITTEN COMMUNICATIONS a. Request for support of Mayor Kile Morgan of National City requested Council's Route 252 Freeway project support for the construction of Route 252 freeway. b~tion to reiterate It was moved by Councilman Cox, seconded by Mayor Hyde and support of Route 252 unanimously carried by those present that the Council reiterates its support of Route 252 and that someone from the City be at the public hearing to speak in favor of the continuance of Route 252. City Manager Cole noted the meeting has been changed to January 30, 1980. Held Tuesday - 7:00 p.m. -2- January 15, 1980 WRITTEN COMMUNICATIONS (Cont.) b. Request for approval to M.S. Comella, Executive Director of Bay General Community relocate Bay Cities Hospital, asked Council's approval of the relocation of Ambulance office Bay Cities Ambulance, Inc., from its present location to 471 and 477 Fourth Avenue. Referred to Planning It was moved by Councilwoman McCandliss, seconded by Mayor Commission Hyde and unanimously carried by those present that the matter be referred to the Planning Commission to consider amending the zoning text to allow ambulance operations as a permitted use in an R-3 zone subject to a conditional use permit. c. Letter of resignation - Ms. Wright submitted her letter of resignation from the Betty D. Wright Human Relations Commission "due to personal pressures and future business commitments." Resignation accepted It was moved by Mayor Hyde, seconded by Councilwoman MoCandliss and carried unanimously by those present that the resignation be accepted with regret and a letter of appreciation sent to Ms. Wright thanking her for her services on this commission. CONSENT CALENDAR Councilman Gillow asked that item #5 be pulled from the Consent Calendar. 6. RESOLUTION - (This item was deleted from the agenda) 7. RESOLUTION NO. R923 - Windmill Farm5 has requested a deferral of the requirements DECLARING ITS INTENTION to underground the existing overhead utility services at TO CONDUCT A PUBLIC the remodeled store at 435 Third Avenue (formely Safeway). HEARING TO CONSIDER The staff has recommended February 5, 1980 as the date for THE DEFERRAL OF UNDER- the public hearing. GROUNDING REQUIREMENTS AT 435 THIRD AVENUE 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, Councilmen McCandliss, Gillow, Cox Noes: None Absent: Councilman Scott (END OF CONSENT CALENDAR) S. RESOLUTION - The contractors, Perry Electric Company and H. L. Foster ACEPTING PUBLIC IMPROVE- Contruction Company have completed the traffic signals and MENTS, STREET AND TRAFFIC the street improvements. A final inspection was made on SIGNAL IMPROVEMENTS AT January 4, 1980 and all work was found to be in accordance THE INTERSECTION OF BONITA with the plans and specifications and to the satisfaction ROAD/OTAY LAKES ROAD AND of the City Engineer. EAST "H" STREET/OTAY LAKES ROAD Right turn lane Councilman Gillow noted that after the recent rains, the condition continuous right turn lane at Bonita Road and Otay Lakes Road has been deteriorating, and he felt that staff should take a look at this. Red light at this Councilman Gillow indicated that there was some confusion intersection by the drivers as to whether or not they should stop for the red light before making the right turn. He asked if signs could be put up advising the drivers what to do. Referred to Traffic Engineer It was moved by Councilman Gillow, ~econded by Councilman Cox and unanimously carried by those present that this matter be referred to the Traffic Engineer. Held Tuesday - 7:00 p.m. -3- January 15, 1980 Resolution continued It was moved by Councilman Cox, seconded by Mayor Hyde and unanimously carried by those present that the Resolution be continued for 2 weeks. RESOLUTIONS AND ORDINANCES, FIRST READING 8. RESOLUTION NO. 9924 - On February 17, 1976, the City Council approved an agreement APPROPRIATING ADDITIONAL with the County of San Diego to participate in the cost of FUNDS FOR MAIN STREET/ widening Main Street/Otay Valley Road from Fresno Avenue OTAY VALLEY ROAD WIDENING easterly to the Interstate 808 freeway (Resolution 8060). PROJECT, GT-S2 The City's share of the cost is 25%. A final billing was received from the County in the amount of $66,240.47. The City's share of the total project cost is $172,075.72. Resolution offered Offered by Mayor tfyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Mayor Hyde, Councilmen McCandliss, Gillow, Cox Noes: None Absent: Councilman Scott Advancement of funds In answer to Councilman Cox's inquiry, Acting City Engineer Goldkamp explained that the money advanced to the County for this project was done at the time of the award of the contract in accordance with the provisions of the agreement. Motion for staff It was moved by Mayor Hyde, seconded by Councilman Cox and direction unanimously carried by those present that staff, if they are not already doing it, adopt as a practice, to advance no more toward our commitments to joint projects than is absolutely necessary toward those projects in a scheduled deposit fashion, so that the City can retain its share of funds, in its own custody, for investment purposes, if at ail posible. 9. RESOLUTION NO. 9928 - The current Block Grant program contains a three-phase APPROVING AN AGREEb~NT project to establish a neighborhood center in one of the BETWEEN THE CITY AND Neighborhood Strategy Areas on the western side of Chula COk~qUNITY RESEARCH Vista. Out of the five firms that were interviewed, staff ASSOCIATES FOR THE recommended Community Research Associates as the most PROVISION OF CERTAIN appropriate. PROFESSIONAL SERVICES Resolution offered Offered by Councilwoman McCandliss, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilwoman McCandliss, Councilman Gillow, Cox, Hyde Noes: None Absent: Councilman Scott 10. RESOLUTION NO. 9926 - The Parking Place Coramission recommended that the parking AUTHORIZING THE lot located at Center and Landis Avenues be changed from CONVERSION OF LOT NINE "permit parking only" to a combination of permit parking FROM PERMIT PARKING ONLY and ten-hour metered parking. Installation of posts and TO A COMBINATION OF signs will be made at a cost of $175 (funds available in PERMIT AND TEN-HOUR Account 230-2300-8868). PARKING 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, Councilmen McCandliss, Gillow, Cox Noes: None Absent: Councilman Scott Held Tuesday - 7:00 p.m. -4- January 15, 1980 UNANIMOUS CONSENT ITEMS: 10a. RESOLUTION NO. 9927 - This resolution formally approves the negotiated tax A~NDING RESOLUTION NO. exchange regarding the ADMA Company, Inc., Reorganization. 9895 - ACCEPTING N£GOTI~FED PROPERTY TAX EXCHANGE RELATING TO JURISDICTIONAL CHANGES - ADMA COMPANYj INC., REORGANIZATION Resolution offered Offered by Councilwoman McCandliss, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilwoman McCandliss, Councilman Gillow, Cox, Hyde Noes: None Absent: Councilman Scott i0b. RESOLUTION NO. 992S - Under Section 99(b) of Chapter 282 of the California Statues DIRECTING THE CITY MANAGER of 1979~ the Board of Supervisors must negotiate property TO ACT FOR AND ON THEIR ~ tax revenue exchanges on behalf of the County and special BEHALF IN NEGOTIATING AN districts with the affected City. This resolution EQUITABLE AND MUTUALLY authorizes the City Manager to negotiate the tax exchange AGREEALBE FOR~LA WITH formula and that it will apply retroactiYely to the ADMA THE STAFF OF SAN DIEGO Company, Inc., Reorganization. COUNTY FOR PROPERTY TAX EXCHANGES RELATING TO JURISDICTIONAL CHANGES AND REQUESTING THE BOARD OF SUPERVISORS TO GIVE SIMILAR DIRECTION TO THEIR STAFF Motion to amend It was moved by Mayor Hyde, seconded by Councilman Gillow resolution and unanimously carried by those present that the words "apply retroactively" be replaced by the following wording: "...at that time be made applicable to attachment 4 of the resolution..." 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, Gillow Noes: None Absent: CoLu%cilman Scott 10c. RESOLUTION - The City Council has gone on record as strongly endorsing SUPPORTING CONSTRUCTION the development of the Peripheral Canal and urges the OF THE PERIPHERAL CANAL Legislature to adopt appropriate legislation as rapidly as ELEMENT OF THE STATE possible to fulfill the needs and interests of the people WATER PROJECT of the State of California. Previous Council action In answer to Council's query, City Manager Cole stated that the Council took action to support this project on December 7, 1977. Resolution continued It was moved by Councilwoman McCsndliss, geconded by Mayor Hyde and unanimously carried by those present that the resolution be continued for one week. Held Tuesday - 7:00 p.m. -5- January 15, 1980 UNANIMOUS CONSENT ITEMS: (Cont.) 10d. ORDINANCE NO. 1890 - Th~ ordinance applies to all regulations referring to AMENDING CHAPTER 1S.S6 condominium projects, to all stock cooperatives, community OF THE CHULA VISTA housing projects and any similar ownership forms in the MUNICIPAL CODE BY ADDING same manner as if said terms were substituted for THERETO A NEW SECTION condominium pro'jects. 15.56.00S RELATING TO CONVERSION OF MULTIPLE DWELLING UNITS HELD UNDER SINGLE OWNERSHIP TO INDEPENDENT OWNERSHIP - FIRST READING AND ADOPTION Ordinance placed on It was moved by Mayor Hyde that the ordinance be placed on first reading and first reading and adopted, and that the readinR of the adopted text be waived by unanimous consent of those present. The motion carried by the following vote, to-wit: AYES: Mayor Hyde, Councilmen McCandliss, Gillow, Cox Noes: None Absent: Councilman Scott Conference suggested Councilman Cox suggested a Conference be held on stock cooperatives, home ownerships, etc., at the time the regular ordinance comes back to the Council. 10e. ORDINANCE - The ordinance prohibits anyone from carrying or conveying AMENDING CHAPTER 6.04 OF animals (other than dogs and cats) upon public streets, THE CHULA VISTA CODE BY sidewalks, public right-of-way, or any public area or upon ADDING THERETO A NEW the property of another person without express written SECTION 6.04.111 RELATING permission of the property owner to do so. TO THE KEEPING AND MAINTENANCE OF PETS, LIVE- City Attorney Lindberg explained the provisions of the STOCK, BIRDS AND BEES - ordinance noting that reptiles are being displayed along FIRST READING Third Avenue by certain individuals scaring a number of the citizens. As to the Mayor's query regarding pets such as rabbits, hamsters, etc., Mr. Lindberg stated that the ordinance as presently proposed, would also prohibit the public display of these animals, and that, in the future perhaps a modification to the ordinance would be in order. Motion to continue It was moved by Mayor Hyde, seconded by Councilman Cox and unanimously carried by those present that the ordinance be carried over for one week so that members of the public and the Council could suggest any exceptions to this ordinance, in addition to dogs and cats, that they feel should be included in the exceptions. RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.) 11. ORDINANCE NO. 1891 - At the recommendation of the City Manager, the purchasing AMENDING SECTIONS 2.S6.020, system will be supervised by the Director of Finance. The 2.S6.030 AND 2.56.230 OF incumbent Purchasing Agent will lose his status as a depart- THE CHULA VISTA MUNICIPAL ment head and will receive the benefits offered middle CODE RELATING TO THE management employees. The change in this position will PURCHASING AGENT - FIRST become effective on March 1, 1980. READING Ordinance placed on first It was moved by Councilman Cox that the ordinance be placed reading on first reading, and that the reading of the text be waived by unanimous consent of those present. The motion carried by {he following vote, to-wit: AYES: Councilmen Cox, Hyde, ~lcCandliss, Gillow Noes: None Absent: Councilman Scott Held Tuesday - 7:00 p.m, -6- January 1S, 1980 RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.) Council discussion Discussion followed regarding the benefits that the incumbent would lose. Motion to retain It was moved by Mayor Hyde, seconded by Councilman Gillow present benefits and unanimously carried by those present that the benefits of life insurance and the health insurance benefits be grandfathered in for the current incumbent and that the current incumbent would be also governed similarly on the floating holidays (he would have five vice seven). 12. ORDINANCE NO. 1892 - At the meeting of December 4, 1979, the City Council ADDING CHAPTER 5.37 TO continued this ordinance for one month and referred it to THE CHULA VISTA MUNICIPAL the Chamber of Commerce for input. CODE REGULATING DRUG PARA¢HERNALIA SHOPS - Mr. K. Nick Slijk, Executive Vice President of the Chamber FIRST READING of Commerce, wrote that the Executive Committee found no objection to the ordinance but expressed a concern regarding its enforcement. In his written report to Council, City Attorney Lindberg explained that the ordinance requires the maintenance of drug paraphernalia in a manner to exclude minors from areas where such paraphernalia or devices are displayed for purpose of sale. Ordinance placed on It was moved by Councilwoman McCandliss that the ordinance first reading be placed on first reading, and that the reading of the text be waived by unanimous consent of those present. The motion carried by the following vote, to-wit: AYES: Councilwoman McCandliss, Councilmen Gillow, Cox, Hyde Noes: None Absent: Councilman Scott 13. ORDINANCE NO. 1889 - On November 13, 1979, the City Council adopted an interim AMENDING SECTION 19.30.040 ordinance (No. 1882) allowing plant nurseries and the sale OF THE CHULA VISTA of related hardware items in the C-O (Administrative and MUNICIPAL CODE BY ADDING Professional Office) zone subject to the approval of a PLANT NURSERIES AND THE conditional use permit. The ordinance remained in effect SALE OF RELATED HARDWARE for 90 days. This ordinance permanently establishes the ITEMS AS A CONDITIONAL permitted use which was adopted on an interim basis. The USE IN THE C-O ZONE - ordinance was placed on First reading at the meeting of SECOND READING AND January 8, 1980. ADOPTION Ordinance placed on It was moved by Mayor Hyde that this ordinance be placed on second reading and second reading and adopted and that the reading of the text adoption be waived by unanimous consent of those present. The motion carried by the following vote, to-wit: AYES: Mayor Hyde, Councilmen McCandliss, Gillow, Cox Noes: None Absent: Councilman Scott 14. REPORT OF THE CITY MANAGER a. Council Conference City Manager Cole submitted the revised schedule of Council Schedule Conferences noting some of the items listed for discussion. b. The Glenn Remodeling Assistant City Manager Asmus said he would like to have the Plans Council consider the preliminary plans of the Glenn restaurant prior to the Council Conference scheduled for Janaury 24. Mayor Hyde asked that this be placed on the regular Council agenda of January 22, and if that was not Feasible, then it could be considered at the January 24 Conference. Held Tuesday - 7:00 p.m. -7- January 15, 1980 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 15. REPORT ON MUTUAL AID- In a written report to Council, Director of Building and BUILDING DEPARTMENTS Housing Grady stated that the local chapter of the Building Officials of San Diego County put together a mutual aid agreement; however, it was never adopted because of the plan presented by the parent organization in October 1979. Mr. Grady declared that the experience gained from the E1 Centre quake proves that this area is not prepared for such a disaster. He remarked that at the meeting of the Building Officials in January, he will request the chairman to reestablish the Disaster Mutual Aid Committee for the purpose of finalizing a mutual aid agreement. Report accepted It was moved by Councilwoman McCandliss, seconded by Councilman Cox and unanimously carried by those present that the report be accepted and the Director of Bu~ldin~ and Housing pursue a mutual aid agreement between San Diego County and Imperial County Building Departments. Monthly reports In answer to the Mayor's query, Director of Building and Housing Grady said he would be giving monthly reports to the Council. 16. REPORT ON CPO'S MODEL In a written report to Council, Director of Planning PROPOSALS FOR THE Peterson explained that CPO has submitted their model state- IMPLEMENTATION OF THE ments of policy and ordinances on transportation to the TACTICS OF THE REVISED region's several municipalities for adoption and enactment. REGIONAL AIR QUALITY Mr. Peterson delineated his evaluation of the proposals STRATEGY (R-RAQS) recommending that the Council: (1) Refer staff's proposals on the amendment of this City's subdivision and zoning regulations and staff's proposed statements of policy pertaining to "Employer Transportation Programs" to the City Planning Commission for public hearing and recommendatory action. (2) Refer staff's proposal for the amendment of the Building Code to the Board of Appeals for consideration and recommenda- tory action. Motion to refer to It was moved by Mayor Hyde, seconded by Councilman Gillow Environmental Control and unanimously carried by those present that the Commission Environmental Control Commission be kept informed in all hearings related to this matter for which they might provide input if they should desire. Report accepted It was moved by Mayor Hyde, seconded by Councilman Gillow and unanimously carried by those present that the report be accepted. MAYOR'S REPORT a. League Dinner Mayor Hyde announced that the League of California Cities general membership dinner meeting will be held in Oceanside on Thursday, January 17, 1980. b. MTDB Meeting Mayor Hyde reported that he attended the first meeting of the MTDB last evening as a member. He felt the experience he will gain from serving on this Board will be quite beneficial and useful to the City. c. Billboards along I-5 Mayor Hyde stated that there are some billboards along I-5 that are in the right-of-way and interfere with operations. Their removal and relocation are now under consideration. Held Tuesday - 7:00 p.m. -7a- January 15, 1980 COUNCIL CO~ENTS Substandard Sidewalk Councilman Cox said he had a complaint from Mr. Clarence Knight concerning a substandard sidewalk east of Jefferson Street between Flower and "E" Street. Motion to refer to staff It was moved by Councilman Cox, seconded by Councilwoman McCandliss and unanimously carried by those present that this matter be referred to staff for investigation and report back to Council. Debris at southwest Councilman Cox commented that he received a complaint from corner of Davidson and a citizen concerning the amount of debris and dust Church accumulating in the parkway at the southwest corner of Davidson and Church. The citizen noted that there is no concern with the public parking lot in this area as that is cleaned up periodically by the City. Motion to refer to staff It was moved by Councilman Cox, seconded by Councilman Gillow and unanimously carried by those present that this matter be referred to staff for a report back to Council. Councilman Gillow remarked that he received the same complaint and talked to the City ~lanager about it. City Manager Cole stated that the staff will go out and look at this tomorrow. Held Tuesday - 7:00 p.m. -8- January 15, 1980 COUNCIL COMMENTS (Cont.) a. Telephone Booths along In answer to Councilwoman McCandliss' question, Director Third Avenue of Community Development Desrochers explained that staff is presently attempting to consolidate all the information on the telephone booths, newspaper racks and bus signs. A different type of design was requested for the phone booths; however, the telephone company could not provide this design - it was extremely expensive. Light standards Acting City Engineer Goldkamp commented that most of the light standards are installed; four Type A standards and a few Type B standards are waiting delivery and installation. Mr. Desrochers remarked that they are beginning to plan the remodeling of the next two blocks along Third Avenue and would like to have Council's comment~ regarding the remodeling of the present two blocks and whether or not there should be any change. Conference on AB 1151 Councilwoman McCandliss asked for a Council Conference on AB 1151 (density bonus Bill). Item scheduled for It was moved by Councilwoman McCandliss, seconded by Mayor February 14 Hyde and unanimously carried hy those present that this be Conference Set for the Council Conference on. February 14. Legislative Report Motion to oppose SB 888 It was moved by Councilman Cox, seconded by Mayor Hyde and (Compulsory a~bitration unanimously carried by those present that the Council for Police and Fire- reiterate its opposition to this Bill and that an appro- fighters) priate communication be sent to Chairman Rodda and that, in addition, the Mayor personally contact Senator Mills expressing the City's strong opposition to this bill. Motion to support AB 1843 It was moved by Councilman Cox, seconded by Councilman Gillow ~Legislative Test on and unanimously carried by those present that the Council Housing and Community go on record as supporting this bill and that the Council Development Guidelines) ratify the Mailgram sent by the Mayor (sent to Assemblyman Teresa Hughes, Chairman of the Assembly Committee on Housing and Community Development). Status report on AB 1951 Councilman Cox gave a status report on the two bills regard- ACA 56 lng the force account limitations indicating that the matter is scheduled for hearing before the Revenue and Taxation Committee on January 21 and before the Judiciary Committee on .January 16. Council Chambers Director of Building and Housing reported that a monitor Monitors will be provided at the Mayor's place at the dais and on either side of the dais. A video tape will be brought over from the Library which will show the Council a live picture. This will not be connected to the system until approved by the Council prior to cutting the dais for the installa- tions. ADJOURNMENT Mayor Hyde adjourned the meeting at 8:30 p.m. to the meeting scheduled for January 22, 1980 at 7:00 p.m. (The Council then reconvened as the Redevelopment Agency and went into Executive Session on pending litigation relating to the Bayfront).