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HomeMy WebLinkAboutcc min 1980/07/08 MINUTES OF A REGULAR CITY COUNCIL MEETING OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday - 7:00 ppm. July 8, 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 Scott, Gillow, Cox, McCandliss Councilmen absent: None Staff Present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Development Services Administrator Robens, Director of Planning Peterson, City Engineer Lippitt, Director of Parks and Recreation Hall, Director of Personnel Thorsen, Environmental Review Coordinator Reid The pledge of allegiance to the Flag was led by Mayor Hyde fol]owed by a moment of silent prayer. 1. APPROVAL OF MINUTES It was moved by Councilman Gillow and seconded by Councilman Cox that the minutes of the meetings of June 26 and July 1, 1980 be approved, copies having been sent to each Councilman. The minutes for June 26 were approved unanimously. The minutes for July 1 were approved by a vote of 3-0 with Councilwoman McCandliss and Councilman Scott abstaining as they were not present at the meeting. 2. SPECIAL ORDERS OF THE DAY a. PRESENTATION BY CPO STAFF After the adoption of the Series IV Regional Growth Forecasts ON PRELIMINARY SERIES V in 1977, the Comprehensive Planning Organization (CPO) REGIONAL GROWTH FORECASTS directed that they be updated every two years. Rick Alexander Mr. Alexander made a short presentation to familiarize the (Comprehensive Planning Council with the first biannual update, called the Series V Organization) Forecasts. He discussed Chula Vista's preliminary Series V figures, including comparison between the adopted Series IV and the Preliminary Series V Growth Forecasts on population, housing and employment from 1985 to the year 2000. Using a slide presentation, Mr. Alexander commented on air quality, water quality, public facilities, transportation, energy, and housing. He explained the regional growth fore- casting process which includes local level input, review and adoption, and talked briefly about the major growth areas of the South Bay including Otay Mesa and Brown Field. He said that after review and evaluation by local staff, the final Series V Forecasts will be presented to the Council for adoption in September or October. Motion for staff review It was moved by Mayor Hyde, seconded by Councilman Cox and of Series V Forecasts unanimously carried that City staff evaluate the preliminary forecast information presented to the Council and set a Council Conference or make it an agenda item, depending on the significance of the review, for discussion of the implications of the Series V Growth Forecasts for the City of Chula Vista. 3. ORAL COMMUNICATIONS Jim Perkins Mr. Perkins reported on the death last week of Mrs. Coppens Bonita of Bonita, which he said might have been prevented if a light had been installed, as previously requested, at Bonita Road and Allen School Lane. Be remarked that she had commented on many occasions that if there were a light at this intersection, she would use the crosswalk there rather than cross in the area where she was killed. lteld Tuesday - 7:00 p.m. -2- July 8, 1980 ORAL COMMUNICATIONS (Cont.) Request to review signal Mr. Perkins asked that the situation regarding this signal placement be reviewed at the earliest possible time to perhaps prevent another tragedy. Motion for staff report It was moved by Mayor Hyde and seconded by Councilwoman McCandliss that staff be asked to give a report on the circumstances of this accident and see whether or not the non-existence of the traffic light had any bearing on the matter. Suggestion for addition Councilman Cox noted that the Bonita Road/Allen School Lane to motion intersection has been on the list for some time as to whether it qualifies under the warrant system for a signal. He suggested that an update on this be requested as part of the motion. Suggestion included - Mayor ttyde included the suggestion as made by Gouncilman Cox motion carried in the motion. Councilwoman McCandliss agreed to the second and the motion carried unanimously. George Chaikin Mr. Chaikin said he lives in the South Bay area, but trades 5340 Del Sol Blvd, Sp 48 in Chula Vista. He questioned why the sidewalks in this San Diego area are not standard and also discussed the debris in the streets and on the sidewalks. He further suggested that some public facilities should be located in the Palomar Street area. (See below for motion) 4. WRITTEN COi~UNICATIONS a. PETITION FOR SUPERMARKET A petition was received signed by 114 area residents expres- ON THIRD AVENUE sing concern regarding the lack of a supermarket in the plans for Third Avenue. The City Manager noted that the Council- Agency has directed staff to study the potential redevelop- ment of the "F" Street Shopping Center (Berenson property), including the possibility of some kind of supermarket. Motion for letter to It was moved by Mayor Hyde and seconded by Councilwoman petitioners McCandliss that the staff prepare a letter to the petitioners indicating the action that the Council has taken in regard to this matter. Council discussion Council discussion ensued with staff concerning the total number of signatures and the alternatives to responding to the petition. Mayor Hyde referred to arrangements which have been made with ,Joan Nicholson, Recreation Supervisor of Norman Park Center, for a presentation to be made by the Mayor and staff on the status of the Town Centre redevelop- ment project sometime in August. He said they will be speaking to the Fredericka Manor group and other interested senior citizens and the supermarket problem will be discus- sed which will eliminate the need for individual letters. Motion withdrawn Mayor Hyde withdrew his motion for a letter to the peti- tioners. Councilwoman McCandliss agreed as the second. Councilman Scott referred to comments made by Mr. Chaikin. Motion for staff to It was moved by Councilman Scott, seconded by Councilman respond to }tr. Chaikin's Gillow and unanimously carried that a letter be drafted to concerns Mr. Chaikin answering the questions he posed and the problems he presented. Held Tuesday - 7:00 p.m. -3- July 8, 1980 WRITTEN COMMUNICATIONS (Cont.) b. REQUEST FOR COUNCIL AND A request was made by Mr..Jerry Valk to have Council and PLANNING COMMISSION MEETING Planning Commission tapes available at the Public Library. TAPES TO BE MADE AVAILABLE In a written memorandum, the City Clerk recommended against IN THE PUBLIC LIBRARY providing this service due to the cost and security problems. The City Manager concurred with the recommendation to deny the request~ Motion to deny request It was moved by Councilman Cox, seconded by Councilman Gillow and send letter to Mr. Valk and unanimously carried that the City Manager and City Clerk's recommendation to deny the request be accepted and that a letter be sent to Mr. Valk informing him of the Council's decision. c. CLAIMS AGAINST THE CITY A claim was filed by Dennis Boyer on February 29, 1980 in DENNIS BOYER, 683 SEA the amount of $25,000 for injuries and medical expenses VALE, APT. B-5, CHULA VISTA resulting from a traffic collision. The claim alleges that Chula Vista Peace Officers did not allow him to obtain immediate medica] attention. Due to the questionable liability on the part of the City, Carl Warren & Co., insurance adjuster, recommended that the claim be denied. Motion to deny claim It was moved by Councilman Cox, seconded by Councilwoman McCandliss and unanimously carried that the claim filed by Mr. Boyer be denied. C[~RLENE VALENCIA, ET AL It was moved by Mayor Hyde, seconded by Councilwoman McCand- 8503 NOELINE PLACE liss and unanimously carried that an Executive Session be SAN DIEGO held at 8:00 p.m. at which time the City's insurance counsel will be present to advise the Council on litigation concerning this claim. PUBLIC HEARING 5. PUBLIC HEARING - The development of Casa del Rey and Windsor Views Subdivisions FORMATION OF CASA DEl, REY included construction of sewer, street and drainage facilities REIMBURSEMENT DISTRICT which benefit other properties. The developers of both projects have joined in a request for the formation of a reimbursement district. Request to continue Mayor Hyde referred to a letter received this afternoon from public hearing Mr. James Hutchison, Project Design Consultants (representing E1 Rancho del Rey properties), requesting that the public hearing be continued to a later date to permit his attendance. Staff recommendation In answer to a query from Mayor Hyde, City Engineer Lippitt said he has not had an opportunity to review and respond to the comments in the letter and he recommended that specific items be continued or the entire matter be continued. Public hearing opened This being the time and place as advertised, on on advice of the City Attorney, Mayor Hyde opened the public hearing and noted that all previous comments will be made part of the public hearing record. Craig Beam Mr. Beam stated he is representing Pardee Construction Company 225 Broadway and Mr. Ralph Monsees and they would prefer that testimony be San Diego taken tonight from interested parties in attendance. He said some of the questions raised by the Gersten Company can be clarified this evening. James E. Bennett Mr. Bennett said he would also prefer that testimony be 981 Telegraph Canyon taken this evening. Road - Chula Vista With the concurrence of the Council, Mayor Hyde announced that testimony will be taken this evening from all interest- ed parties here and then the hearing will be continued to July 22, 1980. Held Tuesday - 7:00 p.m. -4- July 8, 1980 PUBLIC HEARING (Cont.) Staff comments City Engineer Lippitt explained that this is the first reimbursement district to be considered, since legislation was adopted in 1~78, to provide for developers to be reim- bursed for facilities and offsite development required by the City wbich benefit other properties. He described the boundaries involving Casa del Rey and the Windsor Views Subdivisions and discussed the improvements and facilities installed and the manner in which they benefit other properties, noting that open space areas are not included. In conclusion Mr. Lippitt said staff recommends the district as an appropriate reimbursement district; how- ever, some adjustments may have to be made in view of the letter from the Project Design Consultants. City Attorney Lindberg noted that Project Design Consultants have indicated they have no objection to the formation of the district and he suggested that when the public hearing is re-opened on July 22 that items discussed be confined to the letter as presented by the Consultants. James Bennett Mr. Bennett expressed his concerns and objections to being 981 Telegraph Canyon included in the reimbursement district, stating he does not Road - Chula Vista feel his family will receive any benefits and they cannot afford the cost. He explained that they have lived in this area for 22 years and had no idea they would be faced with this kind oF expense, and commented that this is a double collection of costs a~ the developer has already applied all costs to the price of the houses. City Engineer Lippitt indicated he would be glad to review the costs and procedures with Mr. Bennett at his convenience. Craig Beam Mr. Beam discussed some oF the concerns raised by Project 225 Broadway Design Consultants, describing the areas oF benefit "A" San Diego and "B" and the spread of costs. He explained the procedures used to establish the areas of benefit and to apportion the fair share charge for property owners in these areas, using one factor of area of individual parcels and a second Factor of allowable density. In conclusion he said the only adjust- ments needed would be density adjustments in Area Benefit "A" and "B" due to the deletion of the school site in Unit 6 proposal and the change with regard to the water line along into Paseo Entrada. No further comments There were no further comments made this evening. ~4otion to continue It was moved by Councilman Scott, seconded by Councilman public hearing to Gillow and unanimously carried that the public hearing be July 22 continued for two weeks to July 22, 1980 and limiting further consideration to the points raised in the Project Design Consultant's letter dated .July 8, 1980. RECESS The Council recessed to Executive Session at 8:25 p.m. for litigation matters and the meeting reconvened at 8:52 p.m. CONSENT CALENDAR It was moved by Councilman Gillow, seconded by Councilman (Items 6 and 7) Cox and unanimously carried that the Consent Calendar be approved and adopted. 6. RESOLUTION NO. 10173 - On June 24, 1980 the Council approved the tentative sub- APPROVING THE TENTATIVE division map for Bonita Centre East subject to conditions SUBDIVISION b~P OF as recommended by the Planning Commission and as modified CHULA VISTA TRACT 80-21, by the staff. The resolution memorializes this action. BONITA CENTRE EAST Held Tuesday - 7:00 p.m. -5- July 8, 1980 CONSENT CALENDAR (Cont.) 7. RESOLUTION NO. 10174 - On June 24, 1980 following a public hearing, the Council APPROVING ^ FREESTANDING waived the guidelines pertaining to signs for "Fun for ALL" SIGN FOR "FUN FOR ALL" and approved a 28 ft. high, freeway oriented sign containing AT 950 INDUSTRIAL BLVD. 112 sq. ft. fEND OF CONSENT CALENDAR) RESOLUTIONS AND ORDINANCES, FIRST READING 8. RESOLUTION NO. 10175 - The Environmental Review Committee recommended certain ADOPTING AMENDMENTS TO revisions to the City's environmental review prodecures. THE ENVIRONMENTAL REVIEW The purpose of these revisions are: (1) To implement PROCEDURES OF THE CITY new requirements of the California Environmental Quality Act; (2) ~o carry out several recent court decisions expanding the notice and hearing requirements; and (3) to incorporate changes that were found to be desirable. In response to a question from Councilwoman McCandliss regarding Item (3), Environmental Review Coordinator Reid explained that these changes involve the name change from "Policy" to "Procedures", change in reference from "Director of Public Works" to "City Engineer", and identification of the Environmental Review Committee as the body to implement the legal requirements. 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: Councilman Scott, Gillow, Hyde, Cox, McCandliss Noes: None Absent: None 9. RESOLUTION NO. 10176 - Since the establishment of Environmental Review Procedures ADDING ENVIRONMENTAL in 1972, the Council has indicated that the costs for REVIEW FEES AND DEPOSITS review of private projects should be recovered through fees. TO THE blASTER FEE SCHEDULE The resolution adds environmental review fees and deposits to the Master Fee Schedule. 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. 10177 - On June 17, 1980 the Council approved securing actuarial APPROVING SPECIAL valuations to determine the actual cost of providing APPROPRIATION OF FUNDS annual increases for retired employees. The funds approved FOR ACTUARIAL VALUATIONS - by this resolution will be expended to obtain specific RETIRED EMPLOYEES costs to allow a one-time increase and also for a 3% and S% annual cost of living allowance for retired employees. 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: Councilman Scott, Gillow, ltyde, Cox, McCandliss Noes: None Absent: None lleld Tuesday - 7:00 p.m. -6- July 8, 1980 RESOLUTIONS AND ORDINANCES, FIRST READING (Cont.) 11. RESOLUTION NO. 10178 - An Area Agency on Aging (AAA) grant has been APPROPRIATING FUNDS approved in the amount of $4,500 to finance TO CONSTRUCT A construction of a shuffleboard cover at Norman SHUFFLEBOARD COVER Park Center; however, the County cannot release AT NORMAN PARK CENTER the funds except as progress payments during construction. The Director of Parks and Recreation recommended that $4,500 be appropriated from the Park Acquisition and Development Fund for transfer to C.I.P. Account 600-6000-PD18 to cover construction costs, with the provision that on receipt of the grant funds, they will be placed in the P.A.D. account. 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: Councilman Scott, Gillow, Hyde, Cox McCandliss Noes: None Absent: None CONTINUED MATTERS AND SECOND READING OF ORDINANCE 12. ORDINANCE NO. 1913 - At the meeting of June 24, 1980, the Council ADDING A NEW CHAPTER placed the ordinance on first reading to require 5.64 TO THE CITY CODE individual consumer pricing. Second reading and RELATING TO CONSUMER adoption was continued until tonight's meeting COMMODITIES PRICE for a full Council. MARKING - SECOND READING AND ADOPTION Mayor Hyde noted that the ordinance has a "sunset" (Continued from the meeting provision and will expire at the end of one year. of 7/1/80) Speaking in favor of Mr. George Chaikin, Space 74, 3340 Del Sol ordinance Boulevard, San Diego, and Mr. Robert Graham, 1425-184 Second Avenue, Chula Vista, (South Bay Seniors) spoke in favor of the ordinance. Ordinance placed on second It was moved by Councilwoman McCandliss that the reading and adopted ordinance be placed on second reading and adopted, and that the reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilwoman McCandliss, Councilman Cox Mayor Hyde Noes: Councilman Scott, Gillow Absent: None 13. REPORT(S) OF THE CITY MANAGER a. Council Conference City Manager Cole distributed an updated schedule schedule of Council Conferences, noting that the tour scheduled for August 2 has been changed to August 9, 1980 and that the meeting with the School Districts has been tentatively set for September 18, 1980. b. Block Grant Application City Manager Cole announced that notice has been approved received from HUD that the City's Community Develop- mont Block Grant application has been approved for $1,131,000 for FY 1980-81. Held Thursday - 7:00 p.m. -7- July 8, 1980 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 14. REPORT ON LOW AND MODER- The City Manager announced that this item has been deleted ATE INCOME HOUSING from the agenda as it will be discussed at the Council POLICY Conference on August 14. iS. REPORT ON SAN DIEGO In July 1979 the Council approved the expenditure of $600 YOUTH SYMPHONY toward expenses for the San Diego Youth Symphony's trip PERFORMANCE AT THE to Scotland, providing they perform in the City's summer SU~dER CONCERT PROGRAM concert series. Director of Parks and Recreation Hall explained that the lack of necessary equipment prevents the Symphony from making the outdoor performance; how- ever, the Youth Symphony Director has offered to schedule a performance at a later date if an indoor facility can be reserved. Mr. Hall said that Dr. Robert Montgomery informed him today that a service club will pay the $100 cost for a performance at Southwestern College and it is his under- standing they will be working with the Parks and Recrea- tion Department to arrange an early concert this fall. Motion for staff to It was moved by Mayor Hyde, seconded by Councilwoman work with the Youth McCandliss that staff be asked to pursue this further with Symphony to schedule the San Diego Youth Symphony and hopefully come up with performance a concert even though it may not be part of the summer concert series. 16, REPORT ON REQUEST FOR Mr. and Mrs. Jerral Staples have requested a permit to ENCROACHMENT PERMIT encroach into the City's Open Space Lot No. 74 of Bonita FOR 462 CAMINO ELEVADO Ridge Estates, Unit No. 1, in order to construct a swim- ming pool, decking, and a masonry fence within the open space area. City Engineer Lippitt said it is his conten- tion that thi5 should be done through a lot line adjust- ment so that the encroachment area would become part of the lot for 462 Camino Elevado. He explained that after reviewing this request, it ls staff's position that the encroachment permit does not comply with the intent of Ordinance 1836, and recommended that it be denied. Mr. Lippitt used a brief slide presentation to describe the area, lot lines, grading, and setbacks, noting that the pool will extend a total of 14 feet into the open space lot. He referred to the seven conditions recom- mended in his written report in the event the Council should decide to approve the encroachment permit. Mrs. Dorothy Staples Mrs. Staples presented the Council with two photographs 462 Camino Elevado of the area in question and a drawing depicting the Bonita location of the pool, indicating it will extend 17 feet into the open space lot. She discussed her request for the encroachment permit and said if it is not approved, there will not be room to build a pool. She also explained that she felt there were some discrepancies in the information presented by the staff and what actually exists. Mrs. Staples asked that this item be tabled to give the Council an opportunity to see the property and to have a better understanding of what she is asking. Held Tuesday - 7:00 p.m. -8- ,July 8, 1980 REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS (Cont.) Council discussion Council discussion ensued concerning the grading that would be required, the boundary lines, possible liability problems, the alternative of abandonment proceedings and other legal ramifications. Councilman Scott remarked that it might be best to hold this item for one week to make sure all legal questions are answered, including liability, and that the Council accept the invitation to view the property. Motion to continue Item 16 It was moved by Councilman Scott, seconded by for one week Councilman Gillow and unanimously carried that Item 16 be held over for one week. Mayor Hyde said that arrangements will be made with Mrs. Staples for the Council to visit the property. b~YOR'S REPORT Mayor Hyde announced that the Executive Board of the Chamber of Commerce will be meeting on Saturday, August 2 and would appreciate it if two Council- members can attend. Councilman Gillow and Councilman Cox said they would plan to go. COUNCIL COMMENTS (None) ADJOURNMENT Mayor Hyde adjourned the meeting at 9:51 p.m. to the Council Conference scheduled for Wednesday, ,July 9, 1980 at 7:00 p.m. in the Public Services Building. JENNIE M. FULASZ CITY CLERK Deputy City Clerk