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HomeMy WebLinkAboutcc min 1979/12/11 MINUTES OF A REGULAR CITY COUNCIL MEETING OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. December ll, 1979 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 Scott Councilmen absent: None Staffpresent: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Development Services Administrator Roberts, Director of Planning Peterson, City Engineer Lippitt, Direc- tor of Community Development Desrochers, Special Counsel Reed 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 Gillow, seconded by Councilman Cox and unanimously carried that the minutes of the meetings of December 4 and 6 (4:00 p.m.) be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY None 3. ORAL COMMUNICATIONS None 4. WRITTEN COMMUNICATIONS a. Request for easement of Mr. Charles A. Camarata, 485 Carvalos Drive, requested the existing road adjacent use of the City road in the back of his property for an ease- to 48S Carvalos Drive ment to three homes he plans to construct. Mr. Camarata's residence is in the County; however, the easement he is requesting belongs to the City of Chula Vista. Motion to refer to staff It was moved by Mayor Hyde, seconded by Councilman Cox and unanimously carried that the request be referred to staff for report and recommendation. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF TENTA- opened the public hearing. TIVE SUBDIVISION MAP FOR CHULA VISTA TRACT 80-1, In a written report to Council, Director of Planning Peterson SEA VALE CONDOMINIUMS - explained that the applicant has submitted the map for the 695 SEA VALE AVENUE conversion of 46 existing apartment units located in the R-3 zone into a one-lot condominium project. The project is exempt from environmental review as a class 1 (i) exemption. Design Review Committee On October 25, 1979, the Design Review Committee unanimously approved the project subject to three minor modifications. Storage requirements Mr. Peterson noted the proposed storage spaces being Drovided by the applicant and stated that it exceeds the Code require- ments. Planning Commission action On November 14, 1979, the Planning Commission recommended approval of the tentative map in accordance with their Reso- lution PCS-80-1. Staff concurs with this recommendation. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Held Tuesday - 7:00 p.m. -2- December 11, 1979 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Cont.) 5a. RESOLUTION NO. 9880 - Offered by Councilman Cox, the reading of the text was APPROVING THE TENTATIVE waived by unanimous consent, passed and adopted by the SUBDIVISION MAP FOR following vote, to-wit: CHULA VISTA TRACT 80-1, SEA VALE CONDOMINIUMS AYES: Councilmen Cox, Gillow, Hyde, McCandliss, Scott Noes: None Absent: None 6. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF TENTA- opened the public hearing. TIVE SUBDIVISION ~P FOR CHULA VISTA TRACT 80-7, Director of Planning Peterson referred to his written report CASA DE LA CIUDAD in which he explained that the applicant has submitted the tentative map to subdivide 1.18 acres located on the north side of the 500 block of Moss Street in the R-3 zone into a one-lot condominium project consisting of 38 units. Design Review Committee On January 4, 1979, the Design Review Committee approved the development of 38 one-bedroom apartment units located in a three two-story structures; parking for 48 cars is provided onsite. Since this Committee's approval, the applicant has revised his plan to include the construction of carports over 25 of the parking spaces. Planning Commission On November 14, 1979, the Planning Commission recommended action approval of the tentative map in accordance with their Resolution PCS-80-7. Staff concurs with this recommendation. Storage requirements Mr. Peterson noted the storage spaces which the applicant will provide stating that it exceeds the ordinance require- ments. Bob Ramsey Mr. Ramsey stated that they agree with the staff recommenda- Civil Engineer tions and are aware of all the conditions of approval. 615 Ash Street San Diego Handicapped floor plan Councilwoman McCandliss noted the floor plan designed for the physically handicapped and questioned how the owners were going to seek the handicapped to fill this space. Ted Mintz, Owner Mr. Mintz explained that the handicapped unit was designed 6280 Riverdale Street according to State standards. He added that they have no San Diego marketing plan for the handicapped, but will publicize the fact that such units are available. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. a. RESOLUTION NO. 9881 - Offered by Councilwoman McCandliss, the reading of the text APPROVING THE TENTATIVE was waived by unanimous consent, passed and adopted by the SUBDIVISION ~AP FOR following vote, to-wit: CHULA VISTA TRACT 80-7, CASA DE LA CIUDAD AYES: Councilwoman McCandliss, Councilmen Scott, Gillow, Cox, Hyde Noes: None Absent: None Held Tuesday - 7:00 p.m. -3- December 11, 1979 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Cont.) 7. PUBLIC HEARING - This being the time and place as advertised, Mayor Hyde CONSIDERATION OF ESTAB- opened the public hearing. LISHING AND LEVYING AN INCREASED ADDITIONAL City Attorney Lindberg referred to his written report ex- BUSINESS LICENSE TAX plaining that the request to increase the additional business UPON THE AREA INCLUDED license tax used for promoting retail, commercial and pro- IN THE PARKING AND BUSI- fessional activities in the area was made by the Town Centre NESS IMPROVEMENT AREA Business and Professional Association. The request included AND TO ~ODIFY THE BOUND- having the boundaries of the improvement area expanded so ARIES OF SAID AREA FOR that it would be coterminus with the Redevelopment Project THE PURPOSE OF THE GENER- Area No. 1. AL PROMOTION OF RETAIL TRADE The proposed ordinance sets forth the increased additional business license tax by doubling the additional tax present- ly being paid. However, there is a $100 ceiling (pursuant to Ordinance 1715) which will be retained. Protests received The City Clerk stated that she has received no written protests. Legality of tax City Attorney Lindberg declared that it is his opinion, as well as several other attorneys who have examined this ordinanco, that this special levy does not conflict with Proposition 13. The increase which is an additional business license tax is returned to the administrative group heading up the promotional activities within the district, and it does not constitute any special assessment under the terms of Proposition 13 and does not, in any way, reflect the City's interest in increasing any taxes. The entire proposal was initiated by the Improvement Dis- trict as well as the request to increase the business license tax. Mr. Lindberg added that there is no sound basis to challenge this measure as the increased taxation will be returned directly to that area to be used for the benefit of that improvement district and will not be placed into the general fund of the City and used by the City. Class B increase Councilman Cox questioned the rationale of increasing the assessment of Class B to an amount equal to three times the business license whereas all other Classes were assessed two times the business license. Mr. Lindberg indicated that in drafting the ordinance, he referred to the previous levy for this Class which was one and one-half times the business license. Speaking in favor or Speaking in favor of the additional business license tax the proposed increase were: A1Houtkamp, 3761 Bonita Glen Terrace, President of the Downtown Business and Professional Association; Kitty Raso, La Bella Pizza Restaurant, Third Avenue; Don Ritchey, 92 "F" Street, Baskin-Robins; Niek Slijk, Chamber of Com- merce; Joe Broccoli, Jr., 659 Del Rey Place, owner of busi- ness on Church Avenue. Their comments were: (1) $7000 as collected last year is not enough to do a worthwhile job in promoting the area; (2) agree with the change in bound- aries; (3) the maximum of $100 is "cheap" for the privi- lege of having a business within this area and especially on Third Avenue; (4) the money is well-spent; (5) every- one will benefit from the promotional district; (6) when the district was first formed, there were 33 vacancies on Third Avenue and if the area was not promoted, it would have been left to deteriorate and many undesirable business- es would have move8 in; (7) the district is now a "healthy" area and should continue with promotional activities; Mr. Slijk submitted a budget which showed a proposed expen- diture of $19,000 for the year 1980; (9) the businesses are getting more than their monies' worth with the $100 busi- ness tax levy. Held Tuesday - 7:00 p.m. -4- December 11, 1979 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Cont.) Speaking against Mrs. Maxine Loustalet said she and her husband own the Cord apartments at 336 Church Avenue at Center Street and are opposed to the doubling of their business license tax since they do not benefit directly. On the contrary, they feel that by keeping their apartments upgraded, they are benefitting the downtown area, since their tenants would be shopping in this area. Mrs. Loustalet added that she is "thrilled" (regardless of their opposition) in seeing downtown Chula Vista upgraded. She suggested that a raise for apartments is appropriate; however, this parti- cular assessment is out of proportion to the businesses. Public hearing closed There being no further comments, either for or against, the hearing was declared closed. Motion to amend class It was moved by Councilman Cox, seconded by Mayor Hyde and "B" assessment unanimously carried that the ordinance be amended as it deals with Class "B" to read that it would be an assessment equal to two times the business license in order to be in conformance with all the other Classes listed. 7a. ORDINANCE NO. 1885 - It was moved by Mayor Hyde that the ordinance be placed ESTABLISHING THE AD- on first reading as amended, and that the reading of the JUSTMENT OF AN ADDI- text be waived by unanimous consent. The motion carried TIONAL BUSINESS LICENSE by the following vote, to-wit: LEVY AND MODIFICATION OF THE BOUNDARIES OF AYES: Mayor Hyde, Councilmen McCandliss, Scott, Gillow, THE PARKING AND BUSINESS Cox IMPROVEMENT AREA - FIRST Noes: None READING AND ADOPTION Absent: None CONSENT CALENDAR It was moved by Councilman Scott, seconded by Councilman (Items 8, 9, 11 and 12) Cox and unanimously carried that the Consent Calendar be approved and adopted with the exception of items 10 and 13. 8. RESOLUTION NO. 9882 - The General Municipal Election will be held on April 8, 1980 REQUESTING THE BOARD to fill two Council seats (nos. 1 and 2) and three seats OF SUPERVISORS OF THE on the Board of Education of the Chula Vista City School COUNTY OF SAN DIEGO TO District PERMIT THE REGISTRAR OF VOTERS TO CONDUCT THE GENERAL MUNICIPAL ELEC- TION TO BE HELD ON APRIL 8, 1980 9. RESOLUTION NO. 9883 - This resolution enables the Registrar of Voters to expedite APPOINTING THE REGIS- the printing of the ballots, candidates' statements, certi- TRAR OF VOTERS OF THE fy signatures, and other matters pertaining to the election. COUNTY OF SAN DIEGO DEPUTY CITY CLERK OF THE CITY OF CHULA VISTA TO FACILITATE THE EXECU- TION OF DOCUMENTS PER- TAINING TO THE GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 8, 1980 11. RESOLUTION NO. 9884 - The subject cardroom license was approved for Leroy Mike APPROVING TRANSFER OF Haskell III in October 1978 and he now wishes to transfer CARDROOM LICENSE it to Josephine Marie Thurman nee Ramirez. The transferee completed an application, paid the necessary fees and has been investigated and approved by the Police Department. Held Tuesday - 7:00 p.m. -S- December 11, 1979 CONSENT CALENDAR (Cont.) 12. RESOLUTION NO. 9885 - Meza-Hab, General Contracting, has completed the project. ACCEPTING PUBLIC IM- A final inspection was made on November 27, 1979 and all PROVEMENTS - DRAINAGE work was found to be completed in accordance with the CHANNEL SOUTH OF EAST plans and to the satisfaction of the City Engineer. NAPLES STREET BETWEEN MONSERATE AVENUE AND HELIX AVENUE (END OF CONSENT CALENDAR) 10. RESOLUTION - City Clerk Fulasz asked that this resolution be continued ADOPTING REGULATIONS to the Council Conference scheduled for December 13, 1979. FOR CANDIDATES FOR ELECTIVE OFFICE PER- It was moved by Mayor Hyde, seconded by Councilman Cox TAINING TO MATERIALS and unanimously carried that the resolution be continued SUBMITTED TO THE ELEC- to the Council Conference scheduled for Thursday, December TORATE AND THE COSTS 13, 1979. THEREOF FOR THE GENERAL ?4UNICIPAL ELECTION TO BE HELD ON APRIL 8, 1980 13. RESOLUTION NO. 9886 - The City of Imperial Beach requested Chula Vista to join SUPPORTING THE INTER- them in urging the Navy to allow the use of the outlying NATIONAL MOTOR SPORTS landing field at Ream Field for an International Motor ASSOCIATION RACE AT Sports Association championship race on the weekend of March REAM FIELD, IMPERIAL 2, 1980 as a fund raiser for the restoration of the Old BEACH Globe Theater. Councilwoman McCandliss referred to the Agenda Background (All3) which stated that the "Council has expressed its de- sire to assist in any way possible in raising funds for such purposes..." She said she didn't want the City of Imperial Beach to be misled in any way by the type of participation Chula Vista is offering -- it is strictly a support of their request. 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, Councilmen Scott, Gillow, Cox, Hyde Noes: None Absent: None CONTINUED MATTERS AND SECOND READING OF ORDINANCES 14. ORDINANCE NO. 1884 - The ordinance which was placed on first reading at the AMENDING CHAPTER 5.62 meeting of December 4, 1979 prohibits the sale of any mcr- OF THE CHULA VISTA chandise rather than just food and beverages from a vending MUNICIPAL CODE BY ADD- vehicle unless Chapter 5.62 of the Municipal Code is com- ING THERETO A NEW SEC- plied with. TION 5.62.020 RELATING TO VENDING VEHICLES - SECOND READING AND ADOPTION Ordinance placed on It was moved by Councilman Scott that this ordinance be second reading and placed on second reading and adopted and that the reading adopted of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Gillow~ Cox, Hyde, MeCandliss Noes: None Absent: None Held Tuesday - 7:00 p.m. -6- December 11, 1979 CONTINUED MATTERS AND SECOND READING OF ORDINANCES (Cont.) 1ia. RESOLUTION NO. 9887 - The two resolutions (15a and lib) were held over from the APPROVING AGREEMENT Council meeting of December 6 pending the preparation of BETWEEN THE CITY OF an agreement for participation in the cost of providing major CHULA VISTA AND L & L thoroughfares and public works facilities. The agreement DEVELOPMENT COMPANY TO provides for a payment of up to $1,500 per dwelling unit PARTICIPATE IN ANY REIM- depending on the estimated fair share cost at the time build- BURSEMENT, IMPROVEMENT ins permits are requested. This will be covered by a cash OR FEE DISTRICT AS A payment by the developer before building permits are issued. CONDITION OF APPROVAL OF FINAL MAP OF CHULA VISTA TRACT NO. 78-2 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, Scott, Gillow, Cox Noes: None Absent: None b. RESOLUTION NO. 9888 - APPROVING MAP OF CHULA VISTA TRACT 78-2, BONI- TA HACIENDAS, ACCEPTING ON BEHALF OF THE PUBLIC STREETS DEDICATED ON SAID MAP AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASE- MENTS GRANTED ON SAID MAP WITHIN SAID SUBDI- VISION 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 16. REPORT OF THE CITY M3dqAGER a. Council Conference Mr. Cole asked that the Council schedule a Conference on scheduled December 20 to discuss the plans for the remodeling of the City Hall. Motion for Conference It was moved by Mayor Hyde, seconded by Councilwoman McCand- liss and unanimously carried that a Conference be scheduled for December 20 at 4:00 p.m. b. January 2 Council City Manager Cole remarked that January 1 (Holiday) fails on Meeting a Tuesday and suggested that the Council hold a meeting on Wednesday, January 2, 1980. It was noted that the Council acted on this request at a previous meeing. c. Added item to December Mr. Cole reported that the City received an offer from MTDB 13 Conference to purchase, at a nominal fee, the duplexes that are being moved off of the "H" Street station. Staff would like to give the Council some comments on this on Thursday. Motion to add item It waa moved by Couneilman Scott, seconded by Councilman Cox and unanimously carried that this item be added to the Coun- cil Conference agenda scheduled for Thursday (December 13). Held Tuesday - 7:00 p.m. -7- December 11, 1979 MAYOR'S REPORT a. Chula Vista Transit It was moved by Mayor Hyde, seconded by Councilman Scott (CVT) Quarterly Report and unanimously carried that in future quarterly reports, they be listed on the agenda under "Reports of City Officers and Department Heads" so that the Council can accept them or treat them otherwise. b. League of California It was moved by Mayor Hyde, seconded by Councilman Cox and Cities Compilation of unanimously carried that the City Manager have staff review Legislative Wrap-Up this and advise Council of any items in this bulletin that Bulletin they consider to be of pertinent significance to the City of Chula Vista. c. Tree Lighting Ceremony Mayor Hyde invited everyone to the 8th Annual Christmas Tree Lighting Ceremony which will take place in the Civic Center Plaza on Thursday, December 13 at 7:00 p.m. COUNCIL COi~qENTS a. Informal Council Councilwoman McCandliss indicated that since attending the session National League of California Cities Conference last month, she has become increasingly aware of the importance of dis- cussing City problems and issues in an atmosphere whereby they are not pressed for time, such as on a Saturday. Motion for Council It was moved by Councilwoman McCandliss, seconded by Coun- meeting cilman Cox and unanimously carried that either in January or February, Council meet with the members of staff and the community in an open session or forum to discuss priori- tizing; possibly budget issues; and the role of City Coun- cil in City operations. Mayor Hyde suggested that at the January 2 meeting, the Council decide on a date for this meeting. b. Traffic on "L" Street Councilman Gillow asked if CalTrans was contacted to help at Telegraph Canyon with this traffic problem. Road/I-805 City Engineer Lippitt reported that the State has awarded the contract to Perry Electric for installation of a traffic signal system. This should be in operation by May 1980. As to having CalTrans immediately assist in the traffic problem, they replied that it was the jurisdiction of the City. Assistant City Manager Asmus commented that, in the absence of the State's assistance, the City is proceeding within its own Police Department to furnish periodic assistance during peak times at tb±s intersection. Mr. Asmus said he will report back to the Council next week as to the specific action being taken. c. E1 Centre Letter of Councilman Gillow noted the letter from the City of E1 Centre Appreciation thanking Mr. Grady, Director of Building and Housing, for his assistance during their earthquake disaster. Councilman Gillow remarked that Mr. Grady's help was "a job well done!" d. Garbage along 1-805 Councilwoman McCandliss questioned what was being done re- garding the garbage along 1-805 especially from Telegraph Canyon Road to "H" Street. Development Services Administrator Robens commented that CalTrans comes out periodically to clean up this area, and the staff has it on their tickler file to check on it at least once a month. Held Tuesday - 7:00 p.m. -8- December 11, 1979 COUNCIL COI,.g'IENTS (Cont.) e. Mutual Aid Policy Councilman Cox made reference to the City of E1Centro's letter in which they urged Chula Vista to join them in adopting a "Mutual Aid" policy. City Manager Cole indicated that the Director of Building and Housing is aware of this. ADJOURNMENT Mayor Hyde adjourned the meeting at 8:15 p.m. to the Council Conference scheduled for Thursday, December 18, 1979 at 4:00 p.m. and to the regular scheduled meeting of Decem- ber 18, 1979.