HomeMy WebLinkAboutcc min 1981/09/01 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Held Tuesday - September 1~ 1981 - 7:00 p.m. Council Chambers~ Public Services Building
ROLL CALL
Councilmen present: Mayor Hyde: Councilmembers McCandliss, Scott, Gillow, Cox
Councilmen absent: None
Staff present: City Manager Cole, City Attorney Lindberg
The pledge of allegiance to the Flag was led by Mayor Hyde, followed by a moment of
silent prayer.
1. APPROVAL OF MINUTES for the meetings of August 25 and August 27~ 198.1
MSUC (McCandliss/Scott) to approve the minutes, as mailed.
SPECIAL ORDERS OF THE DAY
a. Oath of Office to Jerry Rindone~ newly-appointed to the Parks and Recreation
Commission
City Clerk Fulasz administered the Oath of Office to Mr. Rindone and presented his
Certificate of Appointment to the Parks and Recreation Commission. Mayor Hyde
requested that Mr. Rindone continue service on the Library Board until such time
as a new member is appointed.
3. ORAL COMMUNICATIONS
a. Margaret J. Helton, 162 Mankato Street, on behalf of the South County Council on
Aging, requested Council consideration of a "shared housing research grant"
funded through the Area Agency on Aging. Mrs. Helton also urged Council to
actively consider formation of a senior citizen commission.
MSUC (Cox/Scott) to direct staff to docket this item for discussion next week and
if Mrs. Helton would submit her information, staff can write it up and include
their recommendation.
b. Miss Moreland, a professional astrologer, commented that she attempted to apply
for a business license to practice out of her home and was given a copy of the
ordinance prohibiting astrology, along with prohibitions against "gypsy fortune
telling'~ and palmistry. She objected to inclusion of the "science of astrology"
with those activities in an "antiquated" ordinance and offered assistance in re-
drafting the ordinance,
MSUC (Hyde/McCandliss) to refer this matter to the City Attorney and direct that
he contact Miss Moreland to get her assistance in reviewing that portion of the
ordinance that appears to be a problem.
c. Jim Bennett, 981 Telegraph Canyon Road (extension of East "J" Street) advised
Council that the Chula Vista Fire Department failed to respond to a large brush
fire behind his home on August 26, 1981. The California Department of Forestry
and two air tankers extinguished the fire after hours had passed, and Mr~ Bennett
requested an explanation since the Chula Vista Fire Department did not respond,
while the Police Department did and stated that they also called in the alarm to
the Fire Department.
MSUC (Scott/H~de) to refer this matter to staff for report back to Council
next week.
d. William Sands introduced himself as "special envoy of President Reagan"; referred
to past meetings with Mayor Hyde and Council regarding his "secret formula which
is worth zillions of dollars" to end inflation and taxation in the United States.
He concluded his presentation stating that "William Sands God" would call upon
Council for additional discussion of his formula.
City Council Meeting -2- September 1, 1981
4. WRITTEN COMMUNICATIONS -- None
11. REPORT - CONSIDERATION OF A STAY FOR THE CHULA VISTA WOODS~ CHULA
VISTA TRACT 77-5~ TENTATIVE SUBDIVISION MAP
(DIRECTOR OF PLANNING)
City Attorney Lindberg requested that Item Noo 11 be taken at this time since the
property owners, who have requested through their attorney, Tom Davies, that the
matter be filed, were present in the audience.
In his written report, Director of Planning Peterson provided background informa-
tion regarding Council approval of the tentative subdivision map for Chula Vista
Woods, including approval of extensions in September 1979 and June 1980. On
July 17, 1981, the developer again requested a one year extension which was denied.
MSUC (Hyde/Scott) to file the request for extension.
CONSENT CALENDAR
MSUC (Cox/Hyde) to approve and adopt the Consent Calendar as presented.
5. RESOLUTION NO. 10607 APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 80-9 FLOWER HOUSE (CITY ENGINEER)
The resolution approves the Final Map for CVT 80-9, Flower House, which has been
checked and found to be in Conformity with the Tentative Map, previously approved
by Council on April 22, 1980 (R-10064).
6a. RESOLUTION NOo 10608 APPROVING REQUEST TO DEFER THE REQUIREMENT TO UNDERGROUND
UTILITY SERVICES AT 515 "G" STREET (CITY ENGINEER)
The resolution implements Council action of August 11, 1981, approving applicant's
request for waiver of utility undergrounding requirements at 515 "G" Street, con-
tingent upon applicant's agreement to not protest formation of a future under-
grounding district.
b. RESOLUTION NO. 10609 APPROVING AGREEMENT WITH PIETRO AND BIANCA MORICI TO NOT
PROTEST FORMATION OF AN UNDERGROUNDING DISTRICT
The resolution authorizes the Mayor to execute an agreement with Pietro and Bianca
Morici, owners of 515 "G" Street, wherein the Morici's have waived their right to
protest formation of an undergrounding district as a condition of Council's grant-
ing a waiver of undergrounding requirements at 515 "G" Street.
RESOLUTIONS AND ORDINANCES~ FIRST READING '.
7. RESOLUTION NO. 10610 APPROVING EXTENSION OF TIME, MEMORIAL PARK, ALTERNATE ONE
(CI.TY ENGINEER)
The resolution approves an extension of time, as reques.ted bY Hel.ton's Construction
Company, to complete remodeling of the restaurant building and overhead' trellis'at
Memorial Park. Referring to his staff report, City Engineer Lippitt commented that
Helton's remodeling work was dependent on other contractors completing their work
before Helton could oroceed which resulted in a standstill for a significant portion
of the time. Extension of the contract would set a new completion date of Septemoer
25, 198~.
RESOLUTION OFFERED BY COUNCILMAN GILLOW; the reading of the text was waived by
unanimous consent, passed and approved unanimously.
City Council Meeting -3- September l, 1981
RESOLUTIONS AND ORDINANCES, FIRST READING (continued)
8a. RESOLUTION 10611 APPROVING AGREEMENT FOR FIREFIGHTING/DOMESTIC WATER SUPPLY
SYSTEM WITH SWEETWATER AUTHORITY AND AUTHORIZING PAYMENT
OF $15,000 (CITY ENGINEER)
Since completion of the booster and generator installed to serve the Rancho Robinhood
Subdivision, these facilities have been maintained by the Sweetwater Authority and
City of Chula Vista. The City Council budgeted $15,000 in the FY 1981/82 Capital
Improvement Program to participate with the Sweetwater Authority in the cost of
modifying the booster station, and upon completion of the project the Sweetwater
Authority will accept the entire system for maintenance.
RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS; the reading of the text was waived
by unanimous consent, passed and approved unanimously.
b. RESOLUTION 10612 GRANTING EASEMENTS FOR ACCESS AND CONSTRUCTION OF A WALL
The resolution approves grants of easement to provide permanent access for
maintenance of the booster system serving the Rancho Robinhood Subdivision and
to allow the Sweetwater Authority to construct appurtenant walls for the facilities.
RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS; the reading of the text was waived
by unanimous consent, passed and approved unanimously.
9. RESOLUTION 10613 APPROVING MODIFICATION OF TM 80-5, EL RANCHO DEL REY UNIT 6
(CITY ENGINEER)
The resolution approves Tentative Map No. 80-5 (El Rancho del Rey Unit 6), as
modified by a proposed boundary adjustment involving an exchange of a portion of
property owned by Mr. and Mrs. Earl Bennett and a portion of open space which abuts
the Bennett's northerly property line. Staff reported that the exchange would
benefit the configuration of open space and grading work for E1 Rancho del Rey
Unit 6 as well as the future development of the Bennett property, and would provide
a buffer between the street and the Bennett property, leaving it less susceptible
to unauthorized use.
City Engineer Lippitt and Dick Brown, representing the Gersten Company, responded
to Council queries concerning the land swap and boundary adjustment, noting that the
parcel that Mr. Bennett will be gaining will be joined with his existing parcel, not
creating a second parcel. In addition, a substantial amount of filling will be done
on Mr. Bennett's property so that it can be ultimately developed without further
importation or exportation of dirt.
RESOLUTION OFFERED BY COUNCILMAN GILLOW; the reading of the text was waived by
unanimous consent, passed and approved unanimously.
10. RESOLUTION 10614 AMENDING RESOLUTION 10121 APPROVING REVISED POLICY RULES
GOVERNING USE OF RECREATION FACILITIES AND SETTING FEE
SCHEDULE FOR SAID FACILITIES (DIRECTOR OF PARKS AND RECREATION)
The resolution amends Rule #4 of the Policies and Rules governing the use of
recreation facilities during non-usage hours and amending the present fee schedule
to include rental rate for commercial use.
RESOLUTION OFFERED BY COUNCILMAN COX; the reading of the text was waived by unanimous
consent, passed and approved unanimously.
Responding to Council concerns regarding control of amounts received, Director
Pfister commented that staff would utilize sign up sheets; limit class sizes to
a designated number and only make changes upon the request of the customer; and
would conduct periodic audits.
Additional discussion ensued regarding distribution of revenue received either into
the General Fund or a portion going into a reserve fund to be used for repair and
refurbishment of the facilities as needed as a result of the increased usage; im-
position of a minimum fee or minimum use requirement for those times when a facility
would not normally be in use and staff is called in by special arrangement; evalua-
tion of the program after a period of operation.
MSUC (Scott/McCandliss) to review this policy in six months and in one year.
City Council Meeting -4- September l, 1981
CONTINUED I~TTERS
11. See page 2.
12. CONTINUED DISCUSSION OF GROWTH ~,~NAGEMENT POLICY (DIRECTOR OF PLANNING)
Director of Planning Peterson referred to previous Council consideration of
the Growth Management Plan and subsequent redraft of a Growth Management
Policy prepared by Mayor Hyde. He commented that at the August 8th meeting,
Council adopted the goals and objectives portions of the policy; made changes
to the Statements of Policy and gave direction that the United Enterprises
and Bonita Miguel areas continue to be designated as Agriculture and Reserve
Open Space on the General Plan. Revision of the Policy has been completed
in line with Council's comments and direction, and it was recommended that
the Policy be referred back to the Planning Commission for public hearing.
Council discussion centered on the interpretation of "substantially contiguous"
and "substantially developed" in relation to areas for which a SPA plan has
been submitted. Director Peterson commented that those areas for which a
SPA plan has been filed would not be considered developed under the revised
Growth Management Policy; that interpretation of the policy would provide
Cadillac-Fairview the opportunity to submit plans to the City; and that the
Cadillac-Fairview area would De interpretated to be substantially contiguous
in relation to the existing Southwestern College Estates tract.
Councilman Scott recommended revision of Section D: "General Pattern of
Development", to delete the last sentence of D. 1., and subsections a, b,
and c so that decisions and definitions of "already developed" are left
to the discretion of Council on a case-by-case basis.
MSUC (Scott/Hyde) to delete the last sentence of D. l, and subsections
a, b, and c.
Further Council discussion concerned revision of Section D. 2 to include
reservation of the Janal Ranch lands (Western Salt) in the agriculture
and reserve open space designation with a footnoted explanation of its
unique status.
Council considered a motion by Councilman Gillow, seconded by Mayor Hyde, to
include the Janal Ranch within the Agriculture/Open Space Reserve designations,
along with Union Oil and United Enterprises land, with an explanation that
since plans have already Deen submitted for development of Janal Ranch that
those plans would be reviewed. Discussion focused on the prejudicial effect
that inclusion would have. It was recommended that Councilman Gillow amend
his motion to delete the footnote regarding the plans.
A substitute motion was offered by Councilwoman McCandliss, seconded by Council-
man Cox for discussion, to delete Section D. 2 in its entirety since it would
create roadblocks to Council's future consideration of development of those
lands. Following discussion, the second withdrew and an alternate second was
offered by Mayor Hyde. The motion failed by the following vote:
AYES: Councilmen Hyde, McCandliss
NOES: Councilmen Scott, Gillow, Cox
ABSENT: None
On Councilman Gillow's motion to include the Janal Ranch lands in item D. 2,
the motion failed by the following vote:
AYES: Councilmen Hyde, Gillow
NOES: Councilmen McCandliss, Scott, Cox
ABSENT: None
City Council Meeting -5- September l, 1981
CONTINUED MATTERS (continued)
MSUC (Cox/Scott) to endorse the Growth Management Policy and refer it to the
Planning Commission for report and recommendation.
Craig Beam, 225 Broadway, San Diego, commented on the mandatory processing time
referred to by Mr. Peterson and Councilman Cox, stating that Cadillac-Fairview
has not waived any rights with regard to the processing time and suggests only
that the matter be discussed.
13. ORDINANCE AMENDING SECTION 5.20 OF THE MUNICIPAL CODE REGULATING GAMES PERMITTED
IN CARD ROOMS - FIRST READING (CITY ATTORNEY)
City Attorney Lindberg commented that the revised ordinance defines the types of
games that can be played in card rooms and delineates the manner of handling jack-
pots. He noted that meetings have been held with enforcement officers of the
Chula Vista Police Department; that they concur that the proposed ordinance affords
adequate protection of the interests of card players and should prevent any abuses
by licensed operators of cardrooms.
Council questioned application of the $5 maximum charge per hour which could allow
the l~cense~to set his own rates for each table and give players the option of
selecting the amount they wish to pay for the privilege of playing on any particular
table. The City Attorney responded that a given table would carry a set fee with
a certain portion of the fee, as designated on a sign which would be required to
be posted, going into a jackpot. Other tables could conceivably charge a smaller
fee and offer no jackpot.
Fran Burger, 616 Oaklawn, addressed Council in favor of the ordinance, as drafted,
and responded to Council questions concerning prices and types of games offered
in various locations.
Additional Council discussion followed concerning the thrust of the ordinance in
creating larger stakes by permitting jackpots and creation of a "casino'~ atmosphere
by offering several types of games, and the need for clarification of what is
legal and illegal for the benefit of enforcement officers.
MSC (Hyde/McCandliss) to refer the ordinance back to the City Attorney to delete
all references to jackpots and clarify all references that may exist with regard
to possible misunderstandings about what the present ordinance means, not with
any intent of changing the ordinance, but simply making it crystal clear so that
enforcement officers can handle it without difficulty.
Mayor Hyde clarified intent of the motion is to prevent any types of jackpot,
including those in the form of premiums or prizes (i.e. cars, televisions).
14. CITY MANAGER'S REPORT - None
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
15. ~eport on Third Avenue street tree replacement program (Director of Planning)
In his written report to Council, Director Peterson enumerated the various
alternatives considered for replacement of the street trees along Third Avenue.
Landscape Architect Sennett commented that the original concept was to mix a
deciduous tree (Liquidambar) with an evergreen (Victorian Box) and when it became
apparent that the Victorian Box failed to thrive, the decision was made to replace
that evergreen with the Peppermint Tree. The choice of Peppermint Tree met with
Council's dissatisfaction, and on July 14 Council rejected the recommendation to
continue the replacement program with the Peppermint tree. Consequently, staff
restudied the matter, and returned to Council with the following alternatives,
in preferential order:
(1) Peppermint Tree - Evergreen (4) Chinese Flame - Deciduous
(2) Fern Pine - Evergreen (5) Silk Tree - Deciduous
(3) Camphor Tree - Evergreen (6) Hong Kong Orchid - Deciduous
City Council Meeting -6- September l, lg81
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS (continued)
MSUC (Hyde/Gillow) that Council ask Street Tree Committee supplemented by Mr.
Sennett and one additional member of the Council to convene on Thursday to look
at the examples suggested b~ staff as suitable trees for the area and §et a
recommendation from the Street Tree Committee as to what trees should be selected,
taking into consideration both flowering and non-flowering types, and bring
the whole thing back next Tuesday.
Council commented that between "I" and "K" Streets, the selected trees are Queen
Palm trees as a result of past Council action directing that anytime palm trees
are removed they be replaced whenever possible by palm trees. By general consent
Council agreed to recommend that the Street Tree Committee consider whether that
is still desirable and practical, and to include consideration of the trees
between "F" and "G" Streets.
16. Report on those properties within the City missing public improvements which
could De improved b~ a Cit~ 1911 Block Act (City En§ineer)
City Engineer Lippitt commented on his written report regarding preparation of
an updated inventory of properties in need of public improvements within the
street right-of-way where either the street, the property, or both are within
the City. Those which can readily be improved with a 1911 Block Act are those
where the street and property are entirely within the City and where more than
50% of the improvements within the block are already existing and right-of-way
dedication is not required. ~tr. Lippitt discusse~ various. ~oca~ons
of those parcels which would fall into the 1911 Block Act category; commented
that only 4.5% of the parcels in the City are unimproved; and that a rough estimate
to improve all of the parcels in the various categories would cost $4 million.
Council comment focused on preparation of a prioritization of public improvements,
according to type of improvement needed, indicating that all improvements will be
completed, except those areas where significant need does not exist.
MSUC (Scott/Cox) to hold this over and that the criteria be brought to Council
for establishing priorities.
City Engineer Lippitt remarked that the report could be completed in a couple of
months since data-gathering has been completed which represents the major portion
of the work involved in categorizing the improvements; that categories have been
created and would involve further breakdown of those ~categories which are already
defined.
17. ~YOR'S REPORT
(a) Mayor Hyde commented on appearance and lack of maintenance of State properties at
the interchanges between 805 and "E" and 805 and Telegraph Canyon Road.
MSUC (Hyde/Scott) that the City Manager prepare a letter for the Mayor's signature
to the head of Caltrans reciting the problem and asking them to (1) clean it up;
and (2) accelerate installation of permanent landscaping.
18. COUNCIL COI~ENTS
(a) Councilwoman McCandliss discussed the condition of the gym floor at the Park Way
Community Center. City Manager Cole noted that while the installation was not
inexpensive, it ~as the 1P~ast expensive ~ay to provide a gymnasium floor of
reasonable but not professional ~uality.
(b) Councilman Scott questioned the amount of time being taken in completing the land-
scaping at the Trolley Station. City Engineer Lippitt responded that as a result
of a contract dispute involving locati'on of underground conduit that work has
stopped. The contractor reportedly dug up conduit laid b~ MTDB which was not
shown on the plans, and serious problems concerning responsibility for the error
have evolved. It was noted that the work should have been completed during the
first week of August.
City Council ~,~eting -7- September l, 1951
COUNCIL COMMENTS (continued)
(c) Councilman Scott questioned maintenance and condition of the parking lot land-
scaping next to the gymnasium, noting that it appears to be dead or dormant.
MSUC (Scott/Hyde) that someone look at the landscaping and see if it is dead or
dormant and see whether anything will be done about it.
(d) Councilman Gillow questioned status of his recommendation that staff investigate
alternative sources of revenue.
MSUC (Gillow/Hyde) to schedule an informal breakfast or lunch meeting within the
first ten days of November for brainstorming session on increasing City's revenues.
(e) MSUC (Gillow/Scott) to direct staff to look into suggestion of hiring parttime
volunteers to expand the Neighborhood Watch Program.
(f) Councilman Cox commented on seven eucalyptus trees in an open space district which
are hindering the view from Art Burg's home at 806 Corral Court.
MSUC (Cox/Scott) to direct staff to look into possible solutions to the problem
either by eliminating some trees or topping them off.
(g) Councilman Cox commented on receipt of a letter proposal from the Chamber of
Commerce concerning relocation of the Greg Rogers House to the bayfront for use
by the Chamber for offices and a Visitor Information Center.
MSUC (Cox/Scott) to refer the letter to staff for report back to Council. It
was recommended that staff obtain additional, detailed information regarding the
entire package.
(h) Councilman Cox commented that SDG&E's recent request for ID bonds through the City
was going to be considered at the September 8 meeting, and that the under§rounding
allocation formula modification was being considered on September 24. He requested
that Council consider whether it would be possible to include a somewhat lar§er
fee to allow the City to go forward with undergrounding for major thoroughfares
through IDB's and pay that money back through the allocation formula. He noted
that there may be an opportunity to accomplish undergrounding now at cheaper cost
and pay for it with cheaper dollars.
MSUC (Cox/Scott) to direct staff to look into this and report back at the same time
as Council considered the request next week.
(i) Responding to Mayor Hyde, City Clerk Fulasz advised that there were four candidates
for the office of Mayor: Greg Cox, Stephen Ballard, Bill Ayers and Donald Dulko.
MSUC (Hyde/Scott) to ask the City Manager and City Clerk to schedule meetings
with each candidate for the office of Mayor and give them information regardin§
the office, answer any questions they may have with regard to the election process,
filing reports, etc.
Council also commented that by previous action, Council voted to permit candidates
access to the same information provided the Council, including Council packets
and ~th~ 'right~tome~'t w~th ~epar~ment~'heads.
ADJOURNMENT at 9:45 p.m. to the regular scheduled meeting of September 8, 1981 at 7:00 p.m.
]//Je"nnie M. Fulasz, CMC, City