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HomeMy WebLinkAboutcc min 1980/08/12 MINUTES OF A REGULAR CITY COUNCIL MEETING OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 p.m. August 12, 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: )~yor Hyde, Councilmen Scott, Gillow, Cox, McCandliss Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Director of Planning Peterson, Director of Building and Housing Grady, Director of Public Safety Winters, City Engineer Lippitt, Director of Parks and Recreation Hall 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 Councilman Gillow, and unanimously carried that the minutes of the meeting of August 5, 1980 be approved, copies having been sent to each Councilman. 2. SPECIAL ORDERS OF THE DAY None 3. ORAL COMMUNICATIONS Clarence Knight Mr. Knight discussed the "stop and go hamburger building" 117 Jefferson St. on the south side of Kearney Street, stating it is in Chula Vista "shambles" and has become a fire hazard. Motion to refer to staff It was moved by Councilman Scott, seconded by Councilman Cox and unanimously carried that this matter be referred 4. WRITTEN COMMUNICATIONS to staff with a report back to the Council. a. RESIGNATION OF ALLEN Mr. Allen Campbell submitted his resignation from the CAMPBELL FROM BOARD OF City's Board of Appeals, effective August 2, 1980. ETHICS Motion to accept It was moved by Mayor Hyde, seconded by Councilwoman resignation McCandliss and unanimously carried that the resignation be accepted and a letter of appreciation sent to Mr. Campbell for his willingness to serve on the Board of Ethics. b. REQUEST FOR RESOLUTION Assemblyman Jim Ellis requested City support in locating OF SUPPORT IN LOCATING A a California Conservation Corps Urban Center in San Diego area CALIFORNIA CONSERVATION which will require County-wide support. He requested a CORPS URBAN CENTER IN City Council resolution o£ support. THE SAN DIEGO AREA Motion to approve It was moved by Mayor Hyde and seconded by Councilwoman request McCandliss that the request be approved and staff asked to draft an appropriate resolution of support. Speaking against motion Councilman Scott questioned having the California Conserva- tion Corp located in urban areas since it is a rural program, and said he could not support it unless he knew what it would accomplish. 5lotion carried The motion carried by a vote of 4-1, with Councilman Scott voting "no". Held Tuesday - 7:00 p.m. -2- August 12, 1980 WRITTEN COMMUNICATIONS (Cont.) c. REQUEST TO MAKE Cadillac Fairview Homes West, in conjunction with Western PRESENTATION AND Salt Company, has undertaken a comprehensive planning pro- CONDUCT A FIELD TRIP gram for the 3200 acre Janal Ranch. They requested that TO THE JANAL RANCH the Council docket a study session to allow a short presen- tation by their planning team and to take a tour of the Janal Ranch. Date of September 25 Mayor Hyde noted that staff recommended the date of Septem- recommended for tour her 25 (fourth Thursday) for the tour. Councilman Cox suggested that a Saturday date might be more appropriate considering the time element. Motion to approve tour It was moved by Mayor Hyde, seconded by Councilwoman McCandliss and unanimously carried that the Council indicate they are receptive to the tour. Motion to refer It was moved by Mayor Hyde, seconded by Councilman Cox and selection of date to unanimously carried that staff come back at the next meeting staff with a recommendation for an appropriate Saturday date. REPORT PuND RECOF[MENDATION REGARDING CONDOMINIUM CONVERSIONS S. CONSIDERATION OF PLANNING On July 19, 1980 the Planning Commission recommended denial COmmISSION RECOb~ENDATION of a tentative map for the conversion of a 128 unit apart- FOR A MORATORIUM ON THE ment complex to condominiums located on the north side of CONVERSION OF OCCUPIED East Orange Avenue near Melrose Avenue. At the hearing APARTMENT UNITS TO there was a great deal of testimony concerning the inability CONDOMINIUMS of the families in East Orange Village to find comparable rental units and to purchase housing. The Commission recommended a moratorium on conversions pending an in-depth study of the social impact of such conversions. Planning Director's Director of Planning Peterson recommended a moratorium on recommendation the conversion of previously occupied apartment units until November 12, 1980 to allow time for a study of all related factors, with an exception granted to conversions which have already received tentative map approval. Concern regarding Councilman Scott voiced his objection to the several pieces procedure in presenting of correspondence which had been presented to the Council written correspondence tonight concerning Items S and 6. He noted that the cut-off to the Council time for written communications for the Council agenda is 9:00 a.m. on the Friday preceeding the meeting and expressed his concern that the Council does not have time to review this material prior to discussion of the items. Syd Xinos Mr. Xinos spoke against the moratorium stating that (1) 1400 Sixth Avenue condominiums fill an important need in the housing market San Diego in providing less expensive housing, and (2) the municipal governing body is put in the position of regulating housing which has not proved successful as the market will regulate itself. Constant David Mr. David spoke against the ordinance as not being needed or 4952 Field St. justified since (1) the requirements for parking and open San Diego space limit conversions to less than 10% of existing apart- ment units, and (2) because requirements are difficult to meet, tenants could be given guidelines as to which units might be converted which would reduce the hardship of forcing people to move two or three times. T. L. Sheldon Mr. Sheldon commented that new condominium construction has 2254 Moore St. increased as apartment builders are fearful that if condo- Suite 202 minimum approval is not given, they would never have the San Diego option to convert later. He suggested that a solution would be to give a density bonus and make agreements with developers that because of the bonus, they would never be able to convert. Held Tuesday - 7:00 p.m. -3- August 12, 1980 WRITTEN CON~qUNICATIONS (Cont.) Arthur Peinado, Attorney Mr. Peinado said he is representing the applicant for the 225 Broadway, Suite 1900 East Orange Village Condominiums (Item 6 on the agenda). San Diego He stated they are opposed to the ordinance as they do not believe the information presented supports the moratorium on an emergency basis and adoption of such an ordinance would require a finding by the Council that "facts exists today which require the Council to make such a critical decision." Letters noted for the Mayor Hyde noted for the record that letters were received record from Construction Industry Federation (438 Camino Del Rio South, San Diego) opposing the ordinance, and from Jerry Valk (291Camino Vista Real, Chula Vista) expressing his views on the proposed moratorium. Legal opinion In answer to a query from Mayor Hyde, City Attorney Lindberg said the ordinance cites the facts that do constitute a significant backlog of information on a factual basis (as presented by the Planning Department) to impose the 90-day moratorium and he could see no problem at the present time in its adoption. UNANIMOUS CONSENT ITEM 5a. ORDINANCE N0.1918 - It was moved by Mayor Hyde that the ordinance be placed on AN INTERIM ORDINANCE first reading and adopted, and that the reading of the ADOPTING AN URGENCY text be waived by unanimous consent. MEASURE DECLARING A MORATORIUM ON THE CONVERSION OF APARTMENT UNITS TO CONDOMINIUM OWNERSHIP FOR A PERIOD OF NINETY DAYS CO~qENCING ON AUGUST 12, 1980 Speaking against motion Councilman Cox spoke against the ordinance as being a "drastic action" with no demonstrated public need. He suggested that alternatives be investigated to increase the supply of rentals. Motion carried The motion to place the ordinance on first reading and adoption carried by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Scott, Gillow, McCandliss Noes: Councilman Cox Absent: None PUBLIC HEARING 6. PUBLIC HEARING - The applicant is seeking approval of a tentative subdivi- CONSIDERATION OF sion map, known as East Orange Village, for the purpose TENTATIVE SUBDIVISION of converting into a one lot condominium project an MAP FOR CHULA VISTA existing 128 unit apartment complex located on 7.36 acres EAST at 225-255 East Orange Avenue in the R-3-P-17 zone. TRACT 80-23, ORANGE VILLAGE CONDOMINIUMS, 225-255 EAST ORANGE AVENUE Advice of City Attorney City Attorney Lindberg advised the Council that in view of the action taken by the Council on Item Sa, Item 6 should be filed and re-advertised at an appropriate time. Motion to file Item 6 It was moved by Mayor Hyde and seconded by Councilwoman and re-advertise at a McCandliss that the advice of the City Attorney be later date accepted. Held Tuesday - 7 p.m. -4- August 12, 1980 PUBLIC HEARING (Continued) Suggestion to continue Director of Planning Peterson suggested that if the appli- hearing (Item 6) cant agrees to a continuance to November 18, he would not have to re-file. Applicant agrees to Mr. Peinado said the applicant (Mr. Nicholas Pellegrino) continuance would like to have his tentative subdivision map considered as soon as possible in case this matter is resolved sooner than 90 days, and would be agreeable to having the matter continued 60 days, and if no action is taken by that date, he would agree to a further continuance. Substitute motion to It was moved by Comncilman Scott, seconded by Councilman continue Item 6 for Gillow and unanimously carried that Item 6 be continued to 60 days a date certain - to the Tuesday closest to 60 days - (October 14, 1980). Motion to forward notice It was moved by Councilman Scott, seconded by Councilwoman of hearing in 60 days McCandliss and unanimously carried that those people who received a notice for this meeting on Item 6 will receive a notice for the hearing in 60 days and a copy of the staff recommendation at that time, and if it is continued again, they are to be notified again. RESOLUTIONS AND ORDINANCES, FIRST READING 7. RESOLUTION NO. 10228 The Department of Housing and Community Development requires APPROVING AGREEMENT WITH a biennial audit of Block Grant activities. The Director DIEHL, EVANS & CO~ANY of Community Development recommended the approval of an FOR AUDIT SERVICES agreement with Diehl, Evans and Company for audit services for the past two fiscal years, ending June 30, 1980. 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, Hyde, Cox, McCandliss Noes: None Absent: None 8a. RESOLUTION NO. 10229 In a written report, Director of Public Safety Winters APPROVING AGREEMENT TO explained that it has been the City's goal to consolidate PROVIDE FIRE DISPATCHING fire services in the South gay to provide the best possible SERVICES FOR NATIONAL fire services in the most cost-effective manner. Automatic CITY aid and dispatching agreements have been entered into with Montgomery and Bonita/Sunnyside Fire districts and they have proven to be very satisfactory. It was recommended that the agreement be approved with National City. 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 Cox~ McCandliss~ Scott, Gillow Noes: None Absent:None 8b. RESOLUTION NO. 10230 In order to implement the plan to provide fire dispatching AMENDING THE 1980-81 services for National City it is necessary to add one BUDGET BY ADDING AN Communications Operator to the budget of the Uniform ADDITIONAL COB~fJNICA- Division. TIONS OPERATOR POSITION IN THE POLICE DEPARTMENT AND APPROPRIATING FUNDS THEREFOR Held Tuesday - 7:00 p.m. -5- August 12, 1980 RESOLUTIONS AND ORDINANCES, FIRST READING (Continued) 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 Cox, McCandliss, Scott, Gillow Noes: None Absent: None 9. RESOLUTION NO. 10231 - Woodstone Landscape, Inc. has requested a fifteen working GRANTING AN EXTENSION day extension of time for the construction of two new golf OF TIME, NEW GOLF course greens due to the failure of the City to supply COURSE GREENS adequate water to new greens and to the delay in the avail- ability of required humus for seed bed mixture. Staff reconunended that a ten day extension be granted, changing the completion date to August 29, 1980. Resolution offered Offered by Councilman Cox, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Cox, McCandliss, Scott, Gillow, Hyde Noes: None Absent:None 10. RESOLUTION NO. 10232 - On July 23, 1980 bids were received for this Block Grant ACCEPTING BIDS AND project which involves placement of 1 to 1~ inches of over- AWARDING CONTRACT FOR lay on the following streets: Date Avenue ("C" to Mclntosh); STREET OVERLAY PROGRAM Cedar Avenue ("D" to Flower); Elder Avenue ("D" to Flower); 1980-81, VARIOUS STREETS Garrett Avenue ("F" to "D"); Fig Avenue ("I" to "H"); Guava IN CHULA VISTA Avenue (Shasta to 'T'); and Shasta Street (Fourth to Fig). It was recommended that the bids be accepted and the con- tract awarded to Daley Corporation, San Diego, (low bidder) in the amount of $51,891.50. 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, McCandliss, Scott, Gillow, Hyde Noes: None Absent: None UNANIMOUS CONSENT ITEM lOa. RESOLUTION NO. 10233 - In lieu of approving an encroachment permit, the City QUITCLAIMING CERTAIN agreed to sell a portion of Open Space Lot 74 to Mr. and REAL PROPERTY IN THE Mrs. Staples to permit construction of a swimming pool CITY TO JERRAL B. AND on their property, subject to certain conditions recommended DOROTHY M. STAPLES by the staff. Resolution offered Offered by Mayor Hyde, the reading of the text was waived by mnanimous consent, passed and adopted by the following vote, to-wit: AYES: Mayor Hyde, Councilmen Cox, McCandliss, Scott, Gillow Noes: None Absent: None CONTINUED MATTERS AND SECOND READING OF ORDINANCES 11. ORDINANCE NO. 1916 - Treetops Unlimited requested a change of zone for 1.5 acres A~ENDING THE ZONING of surplus college property located at the southeast corner MAP TO CHANGE THE of the Southwestern Community College. The Planning Commis- ZONE OF 1.5 ACRES AT sion recommended approval in accordance with their Resolu- 900 OTAY LAKES ROAD tion PCZ-80-1 and the Council placed the ordinance on FROM R-1 to P-C SECOND first reading at the meeting of August 5, 1980. READING AND ADOPTION Held Tuesday - 7:00 p.m. -6- August 12, 1980 CONTINUED MATTERS AND SECOND READING OF ORDINANCES (Cont.) 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, Hyde, Cox, McCandliss Noes: None Absent: None 12. ORDINANCE NO. 1917 - The major change to the U.P.C. 1979 edition is the extended ADOPTING THE UNIFORM use of plastic drainage, waste and vent piping in two-story PLUMBING CODE, 1979 multi-residential structures. Also the Board of Appeals EDITION - SECOND READING and Advisors approved amendments to Sections 401 and 1004 AND ADOPTION of the 1979 edition to allow the use of plastic waste and water lines in residential buildings of not more than four stories in height. The ordinance was placed on first read- ing at the meeting of August 5, 1980. Dexter Levy Mr. Levy offered objections to Section 15.28.060 amending Business Manager Section 401, and Section 15.28.080 amending Section 1004 Plumbers and Pipefitters of the Uniform Plumbing Code. He said the State has not Local 230, 3909 Center approved these proposed amendments as they pose a threat to Street, San Diego the safety and health of citizens as well as to members of the Union who work with the plastic products. He submitted several documents to the Council in support of Assembly Concurrent Resolution No. 98 which halts the use of plastic pipes until a report is received from the Toxic Substance Alert System of the State Department of Health and the State Fire Marshal. Mr. Levy asked that action on this ordinance be postponed until the State makes its final determination on the safety of the plastic products. Motion to refer to It was moved by Councilman Scott and seconded by Mayor Hyde staff and Board of that this matter be referred to staff and to the Board of Appeals Appeals for comment. Rob Lindvall Mr. Lindvall spoke in favor of the ordinance stating that 3311Harborview Drive lead pipe and copper pipe are several times more toxic than San Diego, President, the chemicals used in plastic pipes. Safeway Plumbing and Heating Motion carried The motion to refer this item back to staff and the Board of Appeals carried unanimously. 13. ORDINANCE NO. 1919 - At the close of a public hearing on August 5, the Council AMENDING CHAPTER 19.27, referred this ordinance back to staff for a report on ~dP - EXCLUSIVE MOBILE possible sites which might lend themselves to this applica- HOME PARK ZONE TO MODIFY tion and for a report on what other agencies are doing with THE AREA REGULATION - regard to minimum area regulations. FIRST READING (Continued from 8/5/80) The Acting Director of Planning submitted a written report identifying four suitable sites in Chula Vista: Sweetwater Road and Central Avenue; Bonita Road (near the Golf Course); 670 "F" Street; and Moss and Naples. A brief survey was also presented noting the minimum area of sites in various cities which indicated several under 5 acres and some with no minimum area. It was staff's recommendation that the ordinance be adopted. Motion to place It was moved by Councilman Scott that this ordinance be ordinance on first placed on first reading and that the reading of the text reading be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Gillow, Hyde, Cox, McCandliss Noes: None Absent: None Held Tuesday - 7:00 p.m. -7- August 12, 1980 14. REPORT OF THE CITY MANAGER a. REPORT ON GIRLS' City Manager Cole reported that the Leagues lost the State SOFTBALL LEAGUES' Championships in Fresno, and thus they will not be going REQUEST FOR FINANCIAL to the National playoffs in Michigan. ASSISTANCE Motion to file request It was moved by Councilman Scott, seconded by Councilman Gillow and unanimously carried that the request be filed. b. REPORT AND RECOMMENDATION On August 5, the problem of Parvo Virus was brought to the REGARDING THE DOG PARVO attention of the Council and staff was requested to make a VIRUS PROBLEM report and recommendation on the matter. Staff recommendation In a written report, Acting City Manager Asmus stated that the disease has not reached an epidemic state but is serious enough to cause concern. He recommended that the Council (1) direct the Chula Vista Animal Control to strictly enforce the leash law and the County be urged to do the same; (2) request the news media to publicize the nature of the virus and how to control it and to encourage citizens to confine their dogs to their own property; and (3) request the news media to encourage citizens to dispose of animal excretions immediately. Motion to accept staff It was moved by Councilman Scott, seconded by Mayor Hyde recommendation and unanimously carried that the recommendation of the staff be accepted. c. Federal Disaster Funds Mr. Cole reported that the City will receive $255,634 in Federal Disaster funds. d. Facilities to be rented Mr. Cole said the City plans to rent some stores on Third to political candidates Avenue to political candidates in the November campaign. e. Meeting scheduled on Mr. Cole announced there will be a meeting on August 28 in UDAG application San Francisco regarding the City's Urban Development Action Grant application. A member of the staff will attend. f. Dedication of Park Way Mr. Cole reminded the Council of the Park Way Community Center on 8/16/80 Center dedication at 10:00 a.m. on Saturday, August 16. He noted it will be preceded by the Chula Vista Bayfront 10 Kilometer run. g. 1-805 Visitor Center Mr. Phil Creaser will assume operation of the 1-805 Visitor Center on August 16, 1980; however, the sign problem had not been resolved. h. Cabinet makers strike Mr. Cole discussed the problem of the cabinet makers' strike affects remodeling of and its effect on the remodeling of City Hall. He explained City Hall that when the strike is settled, it will take 10 weeks to deliver the cabinets and 2 weeks to install them (a delay of approximately 3 months). An alternative is to hire a non- union cabinet maker at an additional cost of approximately $2,604. Motion to authorize It was moved by Mayor ttyde and seconded by Councilman Cox separate contract for that the Council authorize the City Manager to negotiate a cabinets change which would allow for the installation of tho cabinetry in the Council and City Clerk areas by separate contract. The motion carried by a vote of 4-1 with Councilman Scott voting "no". i. Bids to go out on Mr. Cole stated the Third Avenue widening project will he construction of Third advertised this Sunday with work to start in November, and Avenue the Third Avenue drain will be bid in early September. Held Tuesday - 7:00 p.m. -8- August 12, 1980 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 15. CONSIDERATION OF SIGN On July 1, 1980 the Council asked staff to evaluate the REGULATIONS APPLIED TO validity of the present sign ordinance and guidelines as I-5 FREEWAY AT THE they relate to the I-5/Bayfront area. BAYFRONT Staff recommendation In a written report, the Director of Planning submitted a summary of the guidelines and signing along 1-5 at the various interchanges. It was recommended that the Planning Department be directed to revise the sign guidelines for the east side of 1-5 at the interchanges to the Bayfront to establish a greater degree of consistency with the Bay- front Sign Program and the Scenic Highway Element of the General Plan. Motion to accept staff It was moved by Mayor Hyde, seconded by Councilman Scott and recommendation unanimously carried that the staff recommendation be accepted. MAYOR'S REPORT a. Discussion of expense Mayor Hyde commented on the matter of inflation and noted allowance for Council- that the $50 expense allowance for Councilmembers has not members been increased in 12 years. Motion to increase It was moved by Mayor Hyde and seconded by Councilman Cox expense allowance $50 that an additional allowance of $50 per month for Council- per month members only (not to include the Mayor) be approved by the Council with an appropriate resolution to be brought back for consideration. Speaking against motion Councilwoman McCandliss spoke against the motion, suggesting that it would be more appropriate to refer this matter to the Board of Ethics for evaluation before action is taken. Substitute motion to It was moved by Councilwoman McCandl5ss and seconded by refer to Board of Councilman Scott that this issue be referred to the Board Ethics of Ethics for recommendation. Speaking against motion Mayor Hyde voiced his objection, indicating this is not the purpose of the Board of Ethics. City Attorney Lindberg concurred. Substitute motion The motion to refer issue to Board of Ethics failed by the failed following vote, to-wit: Ayes: Councilwoman McCandliss, Councilman Cox NOES: Councilman Scott, Gillow, Hyde Absent: None Original motion tabled It was moved by Councilman Scott and seconded by Council- woman HcCandliss that the original motion on the floor be tabled (to approve the increase). The motion carried by the following vote, to-wit: AYES: Councilmen Scott, Gillow, MeCandliss Noes: Mayor Hyde, Councilman Cox Absent: None b. Concern and recommenda- Mayor Hyde reported that the San Diego County Division o£ tion regarding termina- the League of California Cities adopted a reaolution to tion date Qf Rejional be sent to the State League to recon~end to the State Coastal Commissions Legislature that the Regional Coastal Commissions be con- tinued for one additional year beyond the current termina- tion date of July 1, 1981. He explained that the local coastal programs will not be completed at that time and there may be problems in having some other body take over the functions of the Commissions. He recommended that the City support the action taken by the League of California Cities. Held Tuesday - 7:00 p.m. -9- August 12, 1980 MAYOR'S REPORT (Cont.) M~tion to support It was moved by Councilman Scott, seconded by Councilwoman continuation of McCandliss and unanimously carried that Mayor Hyde's Regional Coastal recommendation be accepted. Commissions for one year ADJOURNMENT Mayor Hyde adjourned the meeting at 8:5S p.m. to the meeting scheduled for Thursday, August 14, 1980 at 4:00 p.m. and to the regular meeting of August 19, 1980 at 7:00 p.m. JENNIE M. FULASZ CITY CLERK Deputy City Clerk