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HomeMy WebLinkAboutcc min 1982/04/27 MINUTES OF A REGULARMEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday, April 27, 1982 - 7:00 P.M. Council Chamber, Public Services Building ROLL CALL Councilmen present: Mayor pro Tempore McCandliss, Councilmembers Scott, Gillow, Moore Councilmen absent: Mayor Cox Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Development Services Administrator Robens The pledge of allegiance to the Flag was led by Cub Scout Justin Turner of Troop 895, Lillian J. Rice Elementary School PTA, followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meetings of April 15 and 20, 1982 MSUC (McCandliss/Scott) to approve the minutes as presented. Councilman Moore abstained from voting on the minutes of April 15 since he was not a member of the City Council at that time. 2. SPECIAL ORDERS OF THE DAY a. Oath of Office to Will T. Hyde, Town Centre Project Area Committee Since Will Hyde was not present at the meeting, this item will be rescheduled. b. Proclamation declaring the week of May 10-16, 1982 as "NATIONAL SALVATION ARMY WEEK" Mayor pro Tempore McCandliss read the proclamation declaring National Salvation Army Week, and since no one was present to accept it, directed the City Clerk to forward the proclamation to the Salvation Army. c. Proclamation acknowledging May 8, 1982 as "BUSINESS SALUTE TO CHULA VISTA DAY" Mayor Cox presented the proclamation to John Van der Linde, Chairman of the 1982 Committee for Business Salute to Chula Vista Day. 3. ORAL COMMUNICATIONS a. Grace Papa, President of the Cat Factory, Spring Valley, explained that the Cat Factory is a organization dedicated to providing humane services to cats, including a paying and neutering clinic. She noted that the Chula Vista Animal Shelter cannot handle cats and requested that Council consider the feasibility of a contract service with the new organization to provide shelter services specifically for cats. She added that she would also present this proposal to National City. MSUC (McCandliss/Gillow) to refer this issue to staff for report back. b. James Matherly, 402 Oaklawn Avenue, Chula Vista, in a prepared speech, spoke against the "money-losing" Tijuana Trolley and any plan "that puts the American people deeper into debt." He specifically urged that City Councils cancel use of any federal funds to subsidize transportation. 4. WRITTEN COMMUNICATIONS (None) At this time, Mayor pro Tempore McCandliss noted the request of the City Attorney for a Closed Session immediately following the public hearings. MS (Scott/Gillow) for a Closed Session at the end of the public hearings. Councilman Scott acknowledged the professional courtesy being extended to the single individual having specific interest in the Closed Session, but suggested that the City Council Meeting - 2 - April 27, 1982 Session be taken at the conclusion of the agenda in deference to the rest of the audience having an interest in items occuring later in the agenda. Accordingly, he withdrew his motion, with consent of the second. MSUC (Scott/McCandliss) for a Closed Session at the end of the business meeting. PUBLIC HEARINGS AND RELATED RESOLUTIONS 5. PUBLIC HEARING CONSIDERATION OF GENERAL PLAN AMENDMENT CHANGING APPROXIMATELY 6 ACRES BETWEEN NORTH FOURTH AVENUE AND NORTH GLOVER AVENUE FROM RETAIL COMMERCIAL TO RESEARCH AND LIMITED INDUSTRIAL (DIRECTOR OF PLANNING) This being the time and place advertised, Mayor pro Tempore McCandliss opened the public hearing. In his written report, the Director of Planning reported that the applicant has filed a petition for rezoning the subject territory from C-C to I-L and intends to file a conditional use permit application in order to establish a distribution center for Big Bear Markets. In Initial Study IS-82-22 the Environmental Review Committee determined that the proposal would not have a significant impact on the environment and accordingly issued a Negative Declaration. The Planning Commission recommended that Council adopt the Negative Declaration and approve the General Plan Amendment in accordance with Planning Commission Resolution No. GPA-82-1. Director Peterson displayed a plat of the area and noted that Brisbane Avenue does not presently exist, but will be constructed at the time Route 54 is built and Truesdale is closed off. He noted that the area is within the Sweetwater River Flood Plane so that the area will have to be filled or flood-proof type of contruction used to accommodate a distribution center. Council questions and discussion concerned the mobiiehome park located across Glover Avenue to the east and noise from trucks using the loading areas. Discussion focused on truck traffic and noise; Director Peterson stated that noise had been studied in detail in connection with the Conditional Use Permit and that applicant is reorienting the buildings so that the loading areas will be on the side opposite from Glover Avenue. In further comment regarding the project, it was noted that the zoning will be before Council at the May 11 meeting, but that the Conditional Use Permit would not come before Council unless it is appealed. There being no comment, either for or against, the hearing was declared closed. a. RESOLUTION NO. 10843 CHANGING THE DESIGNATION ON THE GENERAL PLAN FOR APPROXIMATELY 6 ACRES BETWEEN NORTH FOURTH AVENUE AND NORTH GLOVER AVENUE FROM RETAIL COMMERCIAL TO RESEARCH AND LIMITED INDUSTRIAL The resolution approves General Plan Amendment 82-1 and adopts the Negative Declaration IS-82-22, designating six acres of land between North Fourth and North Glover Avenues from Retail Commercial to Research and Limited Industrial. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. MSUC (Scott/Gillow) that any configuration (of buildings) on a Conditional Use Permit be automatically brought to the City Council for review. City Council Meeting 3 April 27, 1982 6. PUBLIC HEARING CONSIDERATION OF GENERAL PLAN AMENDMENT TO REDESIGNATE 11 ACRES AT THE SOUTHEAST QUADRANT OF OXFORD STREET AND INDUSTRIAL BOULEVARD PROM RETAIL COMMERCIAL TO RESEARCH AND LIMITED INDUSTRIAL (DIRECTOR OF PLANNING) This being the time and place advertised, Mayor pro Tempore McCandliss opened the public hearing. Director of Planning Peterson reported that the property owner's representative, J & J Investments, has filed an application for the prezoning of subject 11 acres in conformance with this proposed General Plan Amendment (GPA) which is a prerequisite to the consideration of the petitioned prezoning. This petition was environmentally considered under IS-81-21 and a Conditioned Negative Declaration was certified. At that time it was noted that applications would be processed to amend the General Plan and change the zoning from Commercial to Industrial. Director Peterson stated that the Environmental Review Coordinator has determined that the proposed GPA does not require additional environmental assessment. The proposed redesignation would be compatible with existing and projected land uses of the Harborside community, and in addition that expansion of Montgomery's industrial territory would be consistent with the economic interests of local residents by spurring employment. There being no comment, either for or against, the hearing was declared closed. a. RESOLUTION NO. 10844 CHANGING THE DESIGNATION ON THE GENERAL PLAN FOR 11 ACRES AT THE SOUTHEAST QUADRANT OF OXFORD STREET AND INDUSTRIAL BOULEVARD FROM RETAIL COMMERCIAL TO RESEARCH AND LIMITED INDUSTRIAL The resolution adopts General Plan Amendment as recommended by the Planning Commission for 11 acres located at the southeast quadrant of Oxford Street and Industrial Boulevard from Retail Commercial to Research and Limited Industrial. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 10. At the request of the City Attorney, Mayor pro Tempore McCandliss declared that item 10 would be taken at this time. ORDINANCE ADOPTING EXISTING SAN DIEGO COUNTY ZONING AND THE PORTION OF THE SAN DIEGO COUNTY GENERAL PLAN AS SAID ZONING AND SAID GENERAL PLAN APPLY TO THAT CERTAIN TERRITORY DESIGNATED AS THE MONTGOMERY REORGANIZATION (CITY ATTORNEY) The City Council previously indicated its desire to continue in effect the existing planning and zoning regulations in the Montgomery Reorganization territory until such time as the proposed Community Planning Committee, working with the City, recommended modifications. Accordingly, this 90-day Interim Urgency Ordinance would ensure continuation of the General Plan provisions and the zoning ordinance affecting the subject area. City Manager Cole recommended continuing this item for one week because of the need for further investigation as to adopting the County's General Plan. MSUC (McCandliss/Scott) to continue this item for one week. City Council Meeting - 4 - April 27, 1982 CONSENT CALENDAR MSUC (Scott/McCandliss) to approve and adopt the Consent Calendar as presented. 7. RESOLUTION NO. 10845 ACCEPTING PUBLIC IMPROVEMENTS - OTAY VALLEY ROAD/MELROSE AVENUE TRAFFIC SIGNAL AND GRANTING A 13 DAY CONTRACT EXTENSION (CITY ENGINEER) Lekaunas Electric completed a two phase traffic signal at Otay Valley Road and Melrose Avenue on April 9, 1982. The time for the contract awarded by Resolution No. 10687 adopted November 10, 1981 expired as of March 23, 1982. The contractor has requested a 13-day extension due to rain delays. The resolution approves the extension and accepts the traffic signal. 8. RESOLUTION NO. 10846 APPROVING AN APPLICATION FOR ROBERTI-Z'BERG STATE BLOCK GRANT FUNDS (DIRECTOR OF PARKS & RECREATION) The resolution approves application for an Energy and Resources Grant in the amount of $8,430 under the provisions of the Roberti-Z'berg Urban Open Space and Recreation Program. These funds will augment funds already budgeted for construction of restroom facilities at Menzel Field. 9. RESOLUTION NO 10847 URGING LEGISLATIVE ACTION TO REDUCE THE PRESENT HIGH INCIDENCE OF MAJOR TRAFFIC ACCIDENTS INVOLVING TRUCKS ON LOCAL HIGHWAYS (CITY ATTORNEY) The resolution supports the request of the City of Richmond and other cities seeking legislative remedies in the areas of increased enforcement and driver training to reduce the number of serious accidents on local highways involving commercial trucks. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 11. ORDINANCE NO. 1978 AMENDING ORDINANCE 1947 AUTHORIZING A TWELVE MONTH CONTINUATON OF SECTION 2.67.025 OF THE MUNICIPAL CODE PROHIBITING ALCOHOLIC BEVERAGE CONSUMPTION IN THE "J" STREET MARINA AREA (DIRECTOR OF PUBLIC SAFETY) The ordinance extends the prohibition against the consumption of alcoholic beverages for twelve months in order to provide continued protection against vandalism and public disturbance at the marina until such time as the business and recreational traffic resulting from marina development brings about abatement of the problems. Councilman Scott commented on the need for an emergency ordinance that would take effect for the intervening days between second reading and adoption. City Attorney recommended against an emergency ordinance and Assistant City Manager Asmus conveyed Chief Winters' opinion that there has not been a serious problem during the effective period of the original ordinance, which has now expired, but that problems are anticipated during the summer months and this ordinance would be effective for that period of time. MSC (Gillow/Moore) to place the. ordinance on second reading and adoption. The reading of the text was waived by unanimous consent, passed and approved by the following vote, to wit: AYES: Mayor pro Tempore McCandliss, Councilmen Gillow, Moore NOES: Councilman Scott ABSENT: Mayor Cox City Council Meeting - 5 - April 27, 1982 12. ORDINANCE NO. 1979 AMENDING CHAPTER 6.12 OF THE MUNICIPAL CODE REGULATING GRAZING A/~IMALS (DIRECTOR OF PUBLIC SAFETY) The ordinance updates the Municipal Code with respect to the impoundment of stray grazing animals to provide conformity with the State Agricultural Code which places responsibility for impoundment upon the County Animal Shelter or Humane Society. MSUC (Gillow/Moore) to place the ordinance on second reading and adoption. The reading of the text was waived by unanimous consent, passed and approved unanimously. 13. REPORT OF THE CITY MANAGER City Manager Cole noted that this would be the last Council meeting for Director of Planning Peterson, and that during recruitment for his replacement, Mr. Bud Gray has been appointed Acting Director of Planning which will require revision of his contract. The new contract and resolution will be brought to Council next week. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 14. This item was deleted. 15. Report on tree removal at the Chula Vista Municipal Golf Course (Director of Parks and Recreation) In his written report, Director of Parks and Recreation Pfister noted that several months ago 33 Layandi Cypress Trees which became diseased were removed from the Golf Course. The City's Street Tree Superintendent diagnosed the disease as a contagious fungus known as Coryneum Caudinale which once established in a tree cannot be arrested. These 33 trees were removed in March to prevent spread of the fungus and have been replaced with a resistant species. MSUC (Scott/Moore) to accept the report. MAYOR'S REPORT Mayor pro Tempore McCandliss referred to an item of Council Information from the Construction Industry Federation. MSUC (McCandliss/Scott) to refer this item to staff. COUNCIL COMMENTS a. Legislative Report Councilman Gillow gave a legislative report with recommendations on the following bills: AB 3011 (Workmen's Compensation) deals with presumptive injuries and extends definition of presumptive injury to include cancer which he stated is extremely difficult to prove or attribute to job related causes. MSUC (Gillow/Moore) to oppose AB 3011 and forward a letter to Assemblyman Deddeh. SB 1718 (shifting of tax increment revenue to schools) is identical to the Assembly version of the bill, AB 2447, to which Council took a position of opposition. MSUC (Gillow/Scott) to oppose SB 1718. City Council Meeting 6 April 27, 1982 SB 1626 concerning application of the Brown Act to to meetings that involve less than a quorum of any legislative governmental body went did lnot survive the Senate Local Government Committee and and therefore will be inactive for the year. SB 307 (Mills) - City Manager Cole explained that this bill provides for early retirement for State employees only and that a similar law which runs out in September provides for other PERS contracting entities. The bill has potential for City employees and requested Council authorization to contact Senator Mills to request that he sponsor an amendment that would continue this provision for early retirement for other contracting agencies. MSUC (Scott/McCandliss) to so authorize the City Manager. b. Councilman Gillow stated that the League of California Cities is recommending all cities to contact local legislators to discuss the problems of the upcoming budget before the budget sessions. The Legislative Committee is recommending meeting with Assemblyman Deddeh and Senator Mills to include Chula Vista, National City, San Diego, and Lemon Grove. MSUC (Gillow/McCandliss) to set that up for Council Conference. c. MSUC (Gillow/Moore) to direct staff to look into the programs of the Cities of Ontario and Ventura concerning hiring of public safety trainees as outlined in Western Cities Magazine. d. Councilman Gillow referred to the Community meeting held this past weekend at Mueller School and the complaint of the operator of a 7-11 Store that a dip in H Street driveway entrances causes damage and loss of license plates. MSUC (Gillow/Scott) to ask staff to look and see if there is any kind of problem on the west end of H Street with automobiles entering and leaving driveways. Council adjourned to Closed Session at 7:50 P.M. The City Clerk reported that the Closed Session ended at 8:15 P.M. ADJOURNMENT at 8:15 P.M. to the regular meeting scheduled for Tuesday, May 4, 1982 at 7:00 P.M. ~ennie M. Fulasz, C~C, City Cler~f,/