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HomeMy WebLinkAboutcc min 1980/12/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA Tuesday, December 16, 1980 - 7:00 p.m. Council Chambers, 276 Fourth Avenue ROLL CALL Councilmen present: Mayor Hyde (arrived 7:10 p.m.), Councilmen Scott, Gillow, Cox, McCandliss Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Development Services Administrator Robens In the temporary absence of Mayor Hyde, the pledge of allegiance to the Flag was led by Mayor Pro Tempore Scott followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meeting December 9, 1980. MSUC (McCandliss/Gillow) that the minutes be approved, copies having been sent to each Councilnmn. 2. SI~CYAL ORDER~ OF ~ DAY (Delayed until after Oral Communications) 3. ORAL CO~gR~ICATIONS a. Herbert Hillson, 537 Hilltop Drive, discussed the problems the paramedics are having in the operation of their services at Fourth and "H" Street. The gate from the condominium to the parking lot is locked, necessitating the paramedics to run around the corner and into the parking lot to their vehicles which increases their response time from three to five minutes. Mr. Hillson asked if a variance can be granted to permit the paramedic teams to operate in a commercial area rather than a residential MS (McCandliss/Gillow) that this problem and the recommendation of Mr. Hillson be referred to staff for an oral report back to the Council. Director of Planning Peterson stated the zoning ordinance allows ambulance and paramedic services to be located in a commercial zone, subject to a Conditional Use Permit approved by the Planning Commission. The paramedic teams are presently in a residential zone under a home occupation permit. Since complaints have been received due to their 24-hour activities, their permit will be revoked. The Planning Department is working with Mr. Hartson in locating a suitable site in the commercial zone. Councilwoman McCandliss withdrew her motion. Councilman Gillow withdrew the second. b. Richard Pearson, 9471 Ridgehaven Court, San Diego (representing Pacific Engineering and Development), asked that Agenda Item 6 be continued. He said it was his understanding this item was continued from three weeks ago due to discussion of a traffic study being done. Mr. Pearson commented that the packet of material he received last Friday contained no additional data and said they would like to be able to have their traffic engineer analyze any staff report on traffic in order to have "expert testimony" presented to the Council for consideration. In response to a question from the Council, Director of Planning Peterson said there would be no problem if this item is delayed. 6. PUBLIC HEARING CONSIDERATION OF PREZONING PROPERTY ON THE NORTH SIDE OF MAIN STREET AT MAPLE DRIVE TO R-3-P-12 (Continued from November 25, i980) MSUC (Gillow/McCandliss) that Item 6 be continued for thirty days (to January 20, 1981). (Mayor Hyde arrived at 7:10 p.m. and assumed the Chair.) City Council Meeting -2- December 16, 1980 c. James Matherly, 402 Oaklawn, Chula Vista, spoke against the Tijuana Rapid Transit and the high government debt. 2. SPEC?AL ORDERS OF TIlE a. RESOLUTION NO. 10348 EXPRESSING APPRECIATION TO NANCY PATRICK, CHULA VISTA STAR-NEWS REPORTER, FOR HER EXCELLENT WORK IN COVERING THE CITY HALL BEAT Mayor Hyde read the resolution and presented it to Ms. Nancy Patrick who explained that she will be leaving the STAR-NEWS to continue her education. RESOLUTION OFFERED by Mayor Hyde, the reading of the text was wavied by unanimous consent, passed and adopted by a unanimous vote. 4. WRITTEN C~ICATIONS a. REQUEST FOR CITY TO PASS ORDINANCE REQUIRING FIRE RETARDANT ROOFING In view of the recent epidemic of fires throughout California, the Los Angeles County Board of Supervisors urged all Cities and Counties within the State to pass local ordinances requiring fire retardant roofing. MSUC (Scott/McCandliss) that this request be referred to staff. b. REQUEST FOR STOP SIGN AT BUENA VISTA WAY AND BUENA VISTA COURT AND SIGNAL AT TELEGRAPH CANYON ROAD The Bonita Terrace Owners' Association asked that stop signs be installed at Buena Vista Way and Buena Vista Court to reduce high speed "corner cutting" and that a traffic signal be placed on Telegraph Canyon Road at Buena Vista Way to reduce traffic hazards at this location. MSUC (Cox/McCandliss) that this item be referred to staff and Safety Commission. PUBLIC~&~INGSA~I) KELATEDHIgSOLUTION~ AND ORDINANCES 5. PUBLIC HEARING CONSIDERATION OF AMENDmeNT TO THE EL RANCHO DEL REY SPECIFIC PLAN This being the time and place as advertised, Mayor Hyde opened the public hearing. One of the requirements of the Specific Development Plan of E1 Rancho del Rey was that a program be prepared by the developers to ensure the construction of East "H" Street between the easterly limits of the Rice Canyon SPA and Otay Lakes Road. City Engineer Lippitt reported that staff members and Gersten Company representatives have now resolved all the issues and formulated a development program which will equitably spread the cost of the construction of East "H" Street. He said the plan is "workable, enforceable, and practicable" with 90% of the major property owners concurring. Mr. Lippitt noted the plan does require a commitment from the City to install two lanes plus one-half the cost of the median island. He discussed the construction phases, priorities and the method of allocating responsibility for construction of East "N" Street, noting that approval of the plan will allow development of E1 Rancho del Rey within the "H" Street planning area. Dick Brown, representing the Gersten Companies, agreed that the plan is workable. said agreement has been reached between the Watt development and the C~rstcn Companies which was achieved with the help of City staff. He said one technical traffic problem may develop with the overcrowding caused by Southwestern College, but it should not be a major problem. Jerry Valk, 291 Camino Vista Real, Chula Vista, questioned the deletion of the high school site in the development of the E1 Rancho del Rey area and expressed concern that it may be a problem later on when "H" Street is developed. Director of Planning Peterson explained the school site was deleted at the request of the school district. Myron Daiseth, 114 Guava, Chula Vista, asked if it was the intent of the City to go ahead with the development of the two-lane portion of "H" Street. City Council Meeting -3- December 16, 1980 Mr. Lippitt said the timing will be determined later as part of the Capital Improvement Program. The Council concurred that it would be to the advantage of the City to move as rapidly as possible. There being no further comments, either for or against, the public hearing was declared closed. MSUC (Scott/McCandliss) that an appropriate resolution be brought back to the Council (amending the E1 Rancho del Rey Specific Plan). Mayor Hyde complimented all parties concerned in bringing this matter to a conclusion. 6. PUBLIC HEARING CONSIDERATION OF PREZONING PROPERTY ON THE NORTH SIDE OF MAIN STREET AT ~[APLE DRIVE TO R-3-P-12 (This item was continued until January 20, 1981. See page 1 of the minutes.) I~SOLUTIONS AND O~DINANCBS, FI~ST~,EADINC 7. RESOLUTION NO. 10349 APPROVING CASA DEL REY REIMBURSEMENT AGREEMENT AND FINAL ALLOCATION OF COSTS On September 28, 1980 the Council approved the formation of the Casa del Rey Reimbursement District. Implementation of this District depends on approval of the Reimbursement Agreement and Final Allocation of Costs. Appropriate documents have been prepared and the City Engineer recommended approval. RESOLUTION OFFERED by Councilman Scott, the reading of the text was waived by unanimous consent. Dick Brown, representing the Gersten Companies, said they remain in opposition to this matter for reasons stated at previous hearings. THE RESOLUTION WAS PASSED AND ADOPTED by a unanimous vote. 8. RESOLUTION N0.10350 AMENDING RESOLUTION NO. 10187 (COMPENSATION PLAN FOR CETA EMPLOYEES) When pay raises were granted City employees for 1980/81, CETA employees were not included due to a Federal regulation which prohibited the City from granting such raises to CETA employees. On September 22, 1980 the Contract Monitor informed the City that an 8½% annual increase could be granted to CETA classifications and contract compliance could still be maintained. The resolution brings the salary plan up to date. In answer to a query from Councilman McCandliss regarding Title 2-D and Title VI funds, Assistant City Manager Asmus said amendments do not have to come to the Council, but a report will be made on any irregularities. RESOLUTION OFFERED by Councilman Cox the reading of the text was waived by unanimous consent, passed and adopted by a unanimous vote. 9. RESOLUTION NO. 10351 AUTHORIZING THE TRANSFER OF BLOCK GRANT FUNDS FROM THE HOUSING REHABILITATION PROGRAM TO THE MOBILE HOME REHABILITATION PROGRAM Due to high activity in the Mobile Home Rehabilitation Program it is necessary to transfer $35~000 from the Housing Rehabilitation Program (CHIP) to the Mobile Home and Trailer Rehabilitation Program to continue its operation this fiscal year. RESOLUTION OFFERED by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by a unanimou~ vote. 10. RESOLUTION NO. 10352 ADOPTING AREAWIDE HOUSING OPPORTUNITY PLAN On November 27, 1979 the Council adopted the Regional Housing Allocation Formula as proposed by the San Diego Association of Governments (SANDAG) as a guideline for addressing the City's "fair share" of the regional lower income housin8 needs. SANDAG has now proposed a plan which will introduce those regional guidelines into the City's Housing Assistance Plan and will enhance the opportunities for achieving housing goals. City Council Meeting -4- Dec~nber 16, 1980 RESOLUTION OFFERED by Councilman Gillow, the reading of the text was waived by unanimous consent, passed and adopted by a unanimous vote. 11. RESOLUTION NO.10353 DESIGNATING PERSONS MEETING SPECIFIED QUALIFICATIONS AS LEVEL I RESERVE POLICE OFFICERS AND QUALIFIED TO PERFORM GENERAL LAW ENFORCEMENT DUTIES A new law effective January 1, 1981 increases basic training requirements for Level I Reserve Police Officers and provides that persons holding Level I Reserve Officer Certification before January 1, 1981 shall have peace officer powers if so designated by ordinance or resolution of the local legislative body. The Council discussed with Director of Public Safety Winters the problems this legislation may have on recruiting and training volunteer Reserve Officers in order to maintain adequate police protection in the City. RESOLUTION OFFERED by Councilmmn Scott, the reading of the text was waived by unanimous consent, passed and adopted by a unanimous vote. MSUC (Cox/Hyde) that a letter be prepared for the Mayor's signature communicating the effect this law will have on the City of Chula Vista to the entire San Dlego County legislative delegation in the hope that the State Legislature may be persuaded to amend the law. 12. RESOLUTION NO. 10354 APPROVING FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MONTGOMERY FIRE DISTRICT FOR FIRE DISPATCHING SERVICES Resolution No. 9310 approved an agreement providing for a payment of $10,000 annually by the Montgomery Fire District for fire dispatching services commencing January 1, 1979, with the provision that the amount would be reviewed after the first two years. Due to the increase in the Communications Operators salaries, the Director of Public Safety recommended the annual charge be increased to $12,500 (a 25% increase) effective January I, 1981. This results in a charge of $6,250 for the period Jasnuary 1 through June 30, 1981. The Montgomery Fire District Board has agreed to the 25% increase. RESOLUTION OFFERED by Councilman Gillow, the reading of the text was waived by unanimous consent, passed and adopted by a unanimous vote. Fire Commissioner Green (Montgomery Fire District) said he was speaking as a private citizen and not in an official capacity. He spoke in opposition to the increase and asked if the payments could at least be made on a quarterly basis. Councilman Cox noted the resolution provides that the ~irst payment be made January 1, 1981 and the second payment on April 1, 1981. 13. RESOLUTION NO. 10355 VACATING A PORTION OF COLORADO AVENUE After conducting a public hearing on December 9, 1980 the Council directed that a resolution be prepared ordering the vacation of a portion of Colorado Avenue northerly of "H" Street in order that the Metropolitan Transit Development Board may construct a parking lot for the proposed trolley station on "H" Street. In response to a query from Councilman Cox, City Attorney Lindberg ~aid he would like to amend a statement in the staff report indicating no one spoke against the vacation. He said Mr. 3ames Matherly did voice his opposition to this action. P~ESOLUTION OFFERED by Councilman Scott, the readin8 of the text was wavied by unanimous consent~ passed and adopted by a unanimous vote. 14. ORDINANCE NO. 1929 AMENDING CHAPTER 2.04 OF THE MUNICIFAL CODE RELATING TO COMPENSATION FOR MEMBERS OF THE CITY COUNCIL AND MAYOR - FIRST READING AND ADOPTION The ordinance establishes a five percent annual pay increase for the Council and the Mayor in accordance with Charter provisions and State law. IT WAS MOVED by Councilwoman McCandliss that the ordinance be placed on first reading and adopted and that the reading of the text be waived by unanimous consent. The motion carried by a unanimous vote. City Council Meeting -5- December 16, 1980 CONTINUED HA~-i'~ ~ SECOND R~AmING OF O~DINANCES 15. ORDINANCE NO. 1927 AMENDING SECTIONS 19.44.040 AND 19.46.040 OF THE MUNICIPAL CODE RELATING TO CONDITIONAL USES IN THE LIMITED INDUSTRIAL AND GENERAL INDUSTRIAL ZONES - SECOND READING AND ADOPTION At the meeting of December 9, the Council placed on first reading the ordinance permitting certain commercial land uses to be established in industrial zones through the conditional use permit process. IT WAS MOVED by Councilman Scott that the ordinance be placed on second reading and adopted and that the reading of the text be waived by unanimous consent. The motion carried by a unanimous vote. 16. ORDINANCE NO. 1928 RENAMING THE ENVIRONMENTAL CONTROL COMMISSION TO THE RESOURCE CONSERVATION COMMISSION - SECOND READING AND ADOPTION On December 9, 1980 the Council placed the ordinance on first reading increasing responsibility and restracturing the function of the Environmental Control Commission to be viewed in terms of energy conservation, environmental quality and historic site preservation. IT WAS MOVED by Councilman Scott, that the ordinance be placed on second reading and adopted and that the reading of the text be waived by unanimous consent. The motion carried by a unanimous vote. 17. RESOLUTION NO. 10356 AUTHORIZING THE COUNTY OF SAN DIEGO TO IMPLEMENT COORDINATION OF A COUNTY-WIDE LITTER CLEAN-UP AND ENFORCEMENT PROGRAM (Continued from the meeting of December 9, 1980) On December 9, 1980 the Council continued the resolution in order for staff to research and recommend possible alternative programs. Administrative Analyst Swartfager explained that the Litter Control Recycling and Resource Recovery Act provides annual funds for the development and implementation of a coordinated litter campaign program. She said the resolution provides for the County to apply for the grant funds and administer a program developed by the City in exchange for 5% of the grant. After researching alternatives, the staff recommendation is for the following three-phase program: (1) Assign two-part time maintenanca halper~ to the Parks and Recreation Department during April and October to collect litter in ballfields and roadway medians; (2) Under a volunteer program collect litter along freeway interchanges and shopping centers with the City supplying bags and equipment and City crews picking up the filled bags; and (3) Cooperate with the Great California Resource Rally from April 20 - 26 in a community awareness campaign with a possible school coordinated event handled by volunteers. RESOLUTION OFFERED by Councilman Scott, the reading of the text was waived by unanimous consent, passed and adopted by a unanimous vote. MSUC (Scott/McCandliss) that the Council accept the program as sketched by the staff in concept. The Council commended the staff for their efforts in developing the proposed program which more adequately meets the intant of the Litter Control Act. RE~RT($) OF l'~ CITY MA~A~R a. REPORT ON PROPOSED SCHEDULE - PRELIMINARY BUDGET INFORMATION SESSIONS In a written report, the City Manager stated that Departmmnt Heads will be given an opportunity to direct Council's attention to particular progrem¢ by providing information or background for policy decisions to be considered. These departmental meetings have been tentatively scheduled for January and February, along with growth management and inclusionary zoning. It was recommended the Council Conference sessions begin at 3:00 p.m. and continua into the evsning with a break for dinner. City Council Meeting -6- Dec~nber 16, 1980 b. REVISED COUNCIL CONFERENCE SCHEDULE City Manager Cole submitted a revised Council Conference Schedule, including all tentatively scheduled meetings for January and February. The list includes preliminary budget conferences, Saturday workshops, and a request for a Council Conference on word processing on February 26, 1981. Council discussion ensued with staff regarding the various meeting dates and the information to be presented at the preliminary budget information sessions on January 29 and February 12. MSUC (Scott/Gillow) that the staff recommendations for meeting dates be accepted (Items 18a and 18b). c. Mr. Cole reported that the proposed labor seminar has been dropped due to lack of response. He suggested the Council may wish to attend the labor relations institute sponsored by the California League of Cities to be held on January 21 and 22 at the Holiday Inn in San Francisco. Councilman Scott recommended that at least two Members of the Council attend. d. Mr. Cole stated information has been received from the County of their intent to request a raise in solid waste fees. He said if this occurs, the City's contractor will be expecting a rate increase for trash service. e. The City Manager requested an Executive Session at the conclusion of the agenda for possible litigation purposes. MSUC (Scott/McCandliss) that an Executive Session be held as requested. f. Mr. Cole announced that today is the tenth anniversary in City service of Development Services Administrator Robens. REPORTS OF CITY OFFICERS AI~DDEPAR'II~iTI'IIEADS 19. REPORT ON ENCROACHMENT PERMIT FOR AN INSTALLATION OF A CHAIN LINK FENCE AT 1643 ~IARL AVENUE On November 9, 1977 an encroachment permit was issued to Mr. Earl Brooks of 1643 Marl Avenue to install a chain link fence in the public right of way at the southern end of Marl Avenue. In March of 1980 several of his neighbors objected to thie fence being installed in the public right of way. In a written report, City Engineer Lippitt discussed the permit and the reasons for the objections. He concluded by recommending that the Council not revoke the permit at this time as long as (1) Mr. Brooks stays at this residence, or (2) some further information at a later date would make it appropriate to revoke the permit. Using slides, Mr. Lippitt described the area where the fence is installed and summarized his written report noting that there are valid arguments both for an against retaining the encroachment permit. He explained that at the time the permit was issued, a public hearing was not required. Bill Macias, 1640 Marl Avenue, spoke in favor of having the permit revoked stating that it was issued without any of the neighbors having an opportunity to voice objections. Leo Garcia, 1639 Marl Avenue, also spoke against the fence. He said it ie his understanding the house has been sold as new tenants are living there. MS (McCandliss/Gillow) that the Council act to revoke the encroachment permit. Councilman Cox noted there is a question as to whether the house has in fact been sold. He suggested that a solution might be to look into the possibility of vacating that portion of land. SUBSTITUTE MOTION MS (Scott/Cox) that the Council hold this item over for one week to get a report from the City Attorney exactly what would be the proper legal procedure and also get additional information on questions not answered, i.e., is the house sold not not. City Council Meeting -7- December 16, 1980 Mayor Hyde spoke against the substitute motion, noting that the permit was granted without the knowledge of the adjacent property owners and this is public property. In answer to a query from the Councfl, City Engineer Lippitt said a notice of this evening's meeting was mailed to Mr. Brooks at 1643 Marl; however, if the house has been sold, he may not have received it. THE SUBSTITUTION MOTION CARRIED by a vote of 3-2 with Mayor Hyde and Councilwoman McCandliss voting "no." 20. REPORT ON RETURNING FUNDS APPROPRIATED FOR PURCHASE OF TAX DELINQUENT PARCEL TO FUND BALANCE (Parcel adjacent to 66 Telegraph Canyon Road) On November 18, 1980 the Council appropriated $2,500 for the purchase of a tax delinquent parcel of land adjacent to 66 Telegraph Canyon Road. That parcel of land is no longer available for purchase; therefore, the funds appropriated will automatically revert to the General Fund balance at the end of the fiscal year. MSUC (Cox/Scott) that the report be accepted. NAYOR'S REPORT a. Mayor Hyde said he received a letter and phone call from Michael Fischer, Executive Director of the State Coastal Commission, indicating he regreted that his remarks regarding the Chula Vista bayfront plan made the Council unhappy as this was not his intent. b. Mayor Hyde referred to the City Manager's memorandum regarding the study of the Library being made by the Policy Analysis and Program Evaluation Department. MSUC (Hyde/Cox) that the City Manager be asked to provide the Council with a PAPE work schedule for six months or a year. c. Mayor Hyde commented on the Council approval of the employment of two new staff members in the Community Development Department - the Housing Coordinator and Development Coordinator. MSUC (Hyde/Gillow) that the City ~nager, specifically at budget time, provide for an evaluation of the effect of hiring these two staff members in the Community Development Department. d. Mayor Hyde reported that the Mayor's Ad Hoc Committee is working on a strategy to propose to the County Board of Supervisors on the property tax split (involving annexations). e. Mayor Hyde stated that the Automated Regional Justice Information System is now in effect. f. Mayor Hyde informed the Council of a serious problem of financing to support transit improvement programs. He noted the projected cost of construction of the I-5 and State 54 interchange has increased 91% in two years. COOI~CIL CO~I~IiNTS a. Councilwoman McCandlias reported there was a quote in the paper that the Port District has filed suit against the Coastal Commission regarding their local coastal program. In response to a question from Councilwoman McCandliss, Director of Planning Peterson said height regulations do not apply for fences in the public right of way, but would apply in private front yard areas. b. Councilman Cox questioned the trash and dirt piled in the median island along Telegraph Canyon Road, east of 1-805. Development Services Administrator Robens said he will check into this and have any problem corrected. City Council Meeting -8- Dec~nber 16, 1980 c. Councilman Cox commented on the weekly activity summary submitted by the Director of Public Safety reporting that the District Attorney would not accept the stat~ents of Agent Keblish in connection with a drug arrest. MSUC (Cox/Hyde) that the Council ask the Director of Public Safety to report back to the Council on this matter. EX~GuTIVE SESSION The Council adjourned to Executive Session at 9:30 p.m. to discuss possible litigation. The City Clerk was excused and the City ~nager reported that the meeting reconvened at 10:15 p.m. ADJOURnmeNT at 10:15 p.m. to the meeting scheduled for Tuesday, Dec~nber 23, 1980 at 7:00 p.mo JENNIE M. FULASZ CITY CLERK City Clerk