HomeMy WebLinkAboutcc min 1981/07/28 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Held Tuesday - July 28~ 1981 Council Ch~mber$~ Public Services Buildinq
ROLL CALL
Councilmen present: Mayor Hyde: Councilmembers McCandliss, Scott, Gillow, Cox
Councilmen absent: None
Staff present: City Manager Cole, City Attorney Lindberg, Development Services
Administrator Robens, Assistant City Manager Asmus (arrived at
9:20 p.m.)
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 meetin9 of July 21~ 1981
MSUC (McCandliss/Cox) to approve the minutes, as mailed.
2. SPECIAL ORDERS OF THE DAY
City Clerk Fulasz administered Oaths of Office and presented Certificates of
Appointment to the following newly-appointed commissioners:
Tom Davis, Safety Commission
Harry Griffin, Resource Conservation Commission
June Brines, International Friendship Commission
City Clerk Fulasz noted that Mr. William Kirby, Parking Place Commission, could
not be present.
3. ORAL COMMUNICATIONS
a. Cliff Roland, 1100 Industrial Boulevard, addressed Council and questioned the
conditions and restrictions of play attached to student tickets and also re-
garding the golf course policy of routinely asking students to wait while adults
play through. Mr. Roland requested that Council remove the restrictions and
permit students to have the same rights add privileges of adult ticket holders.
MSUC (Hyde/Cox) that the points raised by Mr. Roland be ~eferred to staff and
the appropriate response to the questions raised be brought back to the
Council within two weeks.
4. WRITTEN COMMUNICATIONS -- None
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
5. PUBLIC HEARING APPEAL BY DAVID E. CAMPBELL OF PLANNING COMMISSION DENIAL
OF APPLICATION FOR CONDITIONAL USE PERMIT PCC-81-t5 TO
OPERATE A FAMILY VIDEO ENTERTAINMENT CENTER AT 60-C EAST
"J" STREET IN A C-N ZONE (DIRECTOR OF PLANNING)
This being the time and place as advertised, Mayor Hyde opened the public hearing.
Director of Planning Peterson summarized his written report and commented that on
June 24, 1981, the Planning Commission unanimously denied a request to establish
a family video entertainment center within an existing neighborhood shopping
center located at 60-C East "J" Street in the C-N zone. Staff recommended that
Council uphold the Planning Commission denial noting that the shopping center is
located in a residential area; its proximity to the schools and residences would
compound an existing problem which is already disruptive to the existing uses
and would not contribute to the general well-being of the neighborhood. Mr. Peter-
son further commented that the proposed site is in an older, small shopping
center (1.5 acres), and not typical of the larger centers currently being developed
and that general intrusion of noisy gathering, loitering and rowdyism is intensi-
fied because of its limited size.
City Council Meeting -2- July 28, lg81
5. PUBLIC HEARING APPEAL OF DAVID E. CAMPBELL -- Continued
Council discussion followed and staff responded to specific comments related to
uses permitted in the C-N zone being restricted to provision of conveniences to
neighboring property owners and not recreational uses; one amusement center is
presently operating in the C-N zone at Orange and Melrose and in the C-C zone at
Bonita Road and Otay Lakes Road and both locations have reported experiencing
problems with vandalism and rowdy gatherings of young people; and that a petition
signed by 103 area residents opposed to the center had been presented to the
Planning Commission.
Lee Plummer, 4045 Bonita Road, #312, attorney, addressed Council on behalf of the
applicant stating that the center would provide a positive activity for the youths
and that the presently vacant building is not conducive to a safe environment.
Also speaking in favor of the amusement center were: Robert and Dottie Forshaw,
223 Naples Street; Linda Lambron, 12445 Greens East Road, San Diego, representing
the owners of the shopping center; Bill Ayres, 44 East Mankato, commenting on the
rights of property owners to develop property and the need for youthful entertain-
ment; David Campbell, applicant, 737 Nacion Avenue, regarding his intention to
provide a solution to the loitering problems reported and to create an orderly
operation by enforcingstrict rules by hiring two security guards (his 18 year old
son and a 21 year old man).
Speaking in opposition were: Bill Hawes, Principal of Hilltop Junior High, who
expressed the school's major concern re the hours of operation in conflict with
the school; Sharon Antrim, 693 Robert Avenue, commented that Hoa§y's Grocery
Store already has five video games installed, and cited problems resulting from
the gathering of youth; Ruth Hyde, 684 Claire Avenue; Mrs. Lee Baca, 51 East "J"
Street, commented that existing problems of littering, vandalism and abusive
language would be increased if more youth are drawn to the center, Joy Sheresh,
688 Robert Avenue, cited numerous problems existing in the area resulting from
unruly, unsupervised gatherings of youth, commenting that the center would attract
more problems and create an additional enforcement burden on police and cause in-
creased disruption to the Fire station located on the adjacent corner; Mrs.
Sheresh also spoke in behalf of an elderly neighbor who could not attend the
meeting and cited problems of panhandling for quarters by youth and harrassment
of elderly patrons of the Hoagy's store by young people looking for an adult to
purchase alcoholic beverages; Jerry Beisen, 37 East "J" Street, commented on the
noise generated by the groups at this center.
There being no further comment, either for or against, the hearing was declared
closed.
Council discussion ensued regarding Mr. Campbell's proposal to develop a family
entertainment center; the fact that given the existing problems the center would
be an "attractive nuisance"; the purpose of the C-N zone to permit placement of
neighborhood-enhancing conveniences.
MSUC (Hyde/McCandliss) to take no action on the Negative Declaration and to deny
the appeal.
MSUC (Gillow/Hyde) to direct staff to come back to Council within two months with
a report and recommendations concerning video games as principal and accessory
uses.
MSUC (Cox/Scott) to direct staff to work with Mr. Campbell to find a suitable
location for the amusement center.
6. PUBLIC HEARING CONSIDERATION OF APPLICATION OF RUBEN MADRIGAL FOR
OPERATION OF A TAXICAB SERVICE IN,THE CITY OF CHULA VISTA
(DBA USA-CITY CAB COMPANY) (CITY CLERK)
This being the time and place as advertised, Mayor Hyde opened the public hearin§.
City Clerk Fulasz commented that Ruben Madrigal, 446 "E" Street, submitted an
application for operation of taxicabs within Chula Vista dba USA-CITY CAB COMPANY;
it was noted that 36 of the 41 cabs inspected were passed by the Police Department.
City Council Meeting -3- July 28, 198t
6. PUBLIC HEARING CONSIDERATION OF APPLICATION OF RUBEN MADRIGAL FOR
OPERATION OF A TAXICAB SERVICE -- continued
Mr. Marion Wilcoxson, 168 East "L" Street, dispatcher for Diamond Cab Company,
opposed issuance of the Certificat'e on the basis that there is no need for
additional taxicabs in Chula Vista. City Attorney Lindberg explained that three
years ago, the City repealed the ordinance which required a test of public con-
venience and necessity for the issuance of certificates to taxicabs. The only
current requirement of Ordinance No. 1881 is the meeting of basic safety require-
ments of vehicles and the licensing of the driver. Mr. Ricardo Federe, 1566
Point Pacific Court, bookkeeper and A§sist~nt G~neral Manager of Diamond Cab,
also spoke in opposition.
Mr. David Berman, attorney representing Ruben Madrigal, 110 West "C" Street, San
Diego, addressed Council in favor of the Certificate.
There being no further comments, either for or against, the hearing was
declared closed.
a. RESOLUTION NO. 10573 GRANTING A CERTIFICATE FOR THE OPERATION OF TAXICABS IN
THE CITY OF CHULA VISTA TO USA-CITY CAB COMPANY
Council comments related to penalties for operation of an unlicensed cab within
Chula Vista; it was noted that the Police Department would issue a citation if
the vehicle were operating without a medallion and the matter would go to Court.
RESOLUTION OFFERED BY COUNCILMAN GILLOW; the reading of the text was waived by
unanimous consent, passed and approved unanimously.
7. PUBLIC HEARING CONSIDERATION OF CHANGE IN ZONING AND PREZONING OF
PROPERTIES BETWEEN PEPPER TREE ROAD AND EL RANCHO VISTA
FROM R-1-10 TO R-1-15 (DIRECTOR OF PLANNING)
This being the time and place as advertised, Mayor Hyde opened the public hearing.
Director of Planning Peterson reviewed Council deliberations on the tentative
subdivision map for Pepper Tree Estates in May 1981, wherein Council unanimously
voted to consider a zoning change from R-1-10 to R-1-15 on the Pepper Tree Estates
property, as well as adjacent properties. He commented that the Environmental
Impact Report (EIR-81-2) on Pepper Tree Estates has been certified by the Planning
Commission and by the City Council and that the action proposed would be consistent
with the findings contained in the EIR and with the General Plan designation for
the area which is Low Density Residential. Mr. Peterson advised Council that all
lots in the proposed R-1-15 zone would require a minimum of 15,000 square feet;
that the change will affect 31 properties, including Pepper Tree Estates; and that
LAFCO approved the annexation of the Pepper Tree Estates tentative map area on
July 13, 1981.
Lawrence Lassman, 471 Jacaranda Drive, commented on matters related to the Pepper
Tree Estates tentative subdivision map; the CC&R's reported in a title report to
run until 1982 and representations made by ADMA regarding CC&R's. Mr. Lassman
also read an excerpt from a letter received from LAFCO concerningnhis objection
to the annexation and requested that the Ordinance be postponed until items whi'ch
he discussed are corrected.
Dr~.~Aaron Mannis, 446 Jacaranda Drive, spoke in opposition~ to the change in pre-
zoning; Council's consideration of the tentative map and ADMA's representations;
the traffic hazards at the intersection of-Pepper Tree Drive and Jacaranda; dis-
agreement with the rezoning and re-prezoning of Pepper Tree Estates in that it
should be R-E rather than R-1-15. Dr. Mannis was advised that the tentative map
would be unaffected by the zoning change and that in the event the tentative map
waslnot fu~f~le~.~h~ ~h~e~tying zoning wodld revert to R-l-lO.
A~lso addressing Council were Jerry Valk, 291Camino Vista Real, commenting on the
City's issuance of proper notification of property-owners of zoning changes, and
Stanley ))eggs, 464 E1 Rancho Vista North, requesting that Council continue to
permit him access to the rear of his lot line through the Cook Estate pursuant to
permission granted by Mrs. Cook and continued through her Executor. Council in-
structed him to follow up with the Planning Department.
There being no further comments, ~ither~foror against, the hearing was declared
City Council Meeting -4- July 2~, 1981
7a. ORDINANCE NO. 1949 ADOPTING A CHANGE IN THE ZONING AND PREZONING OF
PROPERTIES BETWEEN PEPPER TREE ROAD AND EL RANCHO
VISTA FROM R-1-10 TO R-1-15
Council discussion related to the configuration of the properties to be prezoned
R-1-15; Mr. Peterson commented that the area fronting on E1 Rancho Vista North is
not proposed for annexation and that only the north side of that street and the
cul-de-sac area is included in the prezoning.
MSUC (Hyde/Cox) to place the ordinance on first reading; the reading of the text
was waived by unanimous consent, passed and approved unanimously.
Council recessed from 8:45 p.m~ to 8:55 p.m.
8. PUBLIC HEARING CONSIDERATION OF CHULA VISTA SANITARY SERVICE~ INC. RATE
INCREASE REQUEST (DIRECTOR OF FINANCE)
This being the time and place as advertised, Mayor Hyde opened the public hearing.
Director of Finance Grant referred to his written report and commented that Chula
Vista Sanitary Service (CVSS) originally requested a 10% rate increase. Staff
conducted a rate study based upon financial information presented by the company
and subsequently recommended an 8% increase. Chula Vista Sanitary has now revised
their request. The new rates would apply to residents and commercial or industrial
users and will be effective August 1, 1981.
Dick Chase, Jr., 389 Nova Place, representing CVSS~ responded to Council's
questions related to the low service rate for Escondido as reported in the
comparisons provided by staff. He explained that the low rate reflects that
Escondido's service is mandatory and is administered through the City, thereby
reducing operating costs significantly.
There being no further comments, either for or against, the hearing was
declared closed.
MSUC (Hyde/Scott) to direct staff to bring back an implementing resolution for
the new rates (shown on Exhibit VII of the rate study).
RESOLUTIONS AND ORDINANCES~ FIRST READING
9. RESOLUTION NO. 10574 WAIVING FORMAL BID REqUIREmENT AND AUTHORIZING PURCHASE
OF INTERNATIONAL GLIDER K!T'i~PDRCHASING AGENT AND
DIRECTQR OF PUBL~CiWORKSiOpERATIONS)
Staff commented that the 1981/82 budget provides for the purchase one one
International glider kit to rebuild one 1967 International dump truck. Purchas-
ing Agent Espinosa requested that Council waive the formal bid requirement and
authorize the purchase from International Harvester Company since the kit is
only available from that one vendor.
RESOLUTION OFFERED BY COUNCILMAN COX; the reading of the text was waived by
unanimous consent, passed and approved unanimously.
10. RESOLUTION NO. 10575 APPROVING THE PURCHASE OF CERTAIN CAPITAL EQUIPMENT AND
APPROPRIATING MONIES FROM THE STATE LIBRARY ACT FUND
(ACTING CITY LIBRARIAN)
The resolution approves an appropriation for capital outlay items whichwere not
included in the Library budget for 1981/82, Acting City Librarian Asmus reported
that the required expenditures could be funded from California~State Library Act
monies and that approximately $147,000 is currently aVailable for. appropriation,
not including an estimated $70,000 that is projected to be generated during
FY 1981/82.
RESOLUTION OFFERED BY COUNCIL~b~N SCOTT; the reading of the text was waived by
~an~mous consent, passed and approved unanimously.
City Council Meeting -5- July 28, 1981
11. RESOLUTION NO. 10576 ORDERING THE PROPOSED JENKINS/THIRD AVENUE REORGANIZATION
(DIRECTOR OF PLANNING)
The resolution orders the Jenkins/Third Avenue Reorganization which involves
annexation to the City of Chula Vista and detachments from the San Diego County
Flood Control District (Zone 3), Montgomery Fire Protection District, Montgomery
Sanitation Maintenance District, and County Service Area No. 62.
Director of Planning Peterson reported that the proponent, Mr. Lyle Jenkins,
representing South Bay Auto Parts, located in the Townsite Focus Area of the Town
Centre Redevelopment Project Area, selected the subject property at 908 Third
Avenue in order to relocate his business and expressly desired to operate his
business within the corporate limits of Chula Vista.
RESOLUTION OFFERED BY COUNCILMAN GILLOW; the reading of the text was waived by
unaninlous consent, passed and approved unanimously.
12. RESOLUTION NO. 10577 ORDERING THE EL RANCHO DEL REY REORGANIZATION TO THE
CiTY OF CHULA VISTA (DIRECTOR OF PLANNING)
The resolution orders the E1 Rancho del Rey Reorganization involving annexation
to the City of Chula Vista and detachment from the San Diego County Flood
Control District (Zone 3), of 1,080 acres of vacant, uninhabited territory.
The Director of Planning noted that this proposal was initiated~y 100% consent
of the affected property owners and that upon completion of this annexation the
entire E1 Rancho del Rey area west of Otay Lakes Road will be situated within
the corporate limits of the City.
RESOLUTION OFFERED BY MAYOR HYDE; the reading of the text was waived by
unanimous consent, passed and approved unanimously.
13o RESOLUTION NO. 10578 CHANGE IN ENROLLMENT DATE FOR GREAT WESTERN DEFERRED
COMPENSATION PLAN (DIRECTOR OF FINANCE)
The resolution amends Articles 5A and 6 of the City of Chula Vista's Deferred
Compensation Plan changing the enrollment date for eligible employees from
January to July each year in order to coincide with the start of the City's
fiscal year.
RESOLUTION OFFERED BY COUNCILMAN COX; the reading of the text was waived by
unanimous consent, passed and approved unanimously.
14. RESOLUTION NO. 10579 APPROPRIATING FUNDS AND ADJUSTING VARIOUS DEPARTMENT
ACCOUNTS FOR THE PURCHASE OF DICTATION EQUIPMENT
(DIRECTOR OF POLICY ANALYSIS & PROGRAM EVALUATION)
Director of Policy Analysis and Program Evaluation Thomson submitted a written
report explaining that at the July 7, 1981 meeting Council accepted bids and
awarded the contract for central dictation systems for 11 City departments to
Lanier Business Products in the amount of $23,418o In finalizing the purchase
order, staff discovered the need to upgrade the Engineering Department's dicta-
tion system and an opportunity to improve the dictation service by transferring
existing engineering equipment to the Police Department. The resolution
appropriates the additional funds to upgrade the Engineering equipment and
adjust the affected departments' capital outlay accounts to reflect the actual
increase to Engineering of $3,560 and reduction for Police of $1,200, resulting
in a net budget increase of $2,360.
RESOLUTION OFFERED BY COUNCILMAN SCOTT; the reading of the text was waived by
unanimous consent, passed and approved unanimously.
15~ RE~ORT~OF T~E CITY MANAGER
a. MSUC (Hyde/McCandliss) for a Closed Door Session ta discuss employee
negotiations.
City Council Meeting -6- July 28, 1981
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
16. Report on Memorial Park Maintenance Facility Replacement (Director of Parks and
Recreation)
Director of Parks and Recreation Pfister reviewed the background of Council con-
sideration of schematic plans for the Memorial Park Renovation Project which
formerly included a maintenance building located behind and north of the Park
Way Gym. As a result of a site conflict with a neighboring residential develop-
ment, the maintenance building was deleted from the plans for the project.
Mr. Pfister reported that reorganization of the work crews' maintenance routine
to permit them to operate from Greg Rogers Park has been of sufficient success
to warrant consideration of an addition to the Greg Rogers Maintenance Building
to serve as replacement for the Memorial Park Building and recommended Council
approval, in concept, of the construction of an addition to the existing Greg
Rogers Maintenance Building as a replacement building for the facility previously
demolished in Memorial Park.
MSUC (Scott/Hyde) to accept the report and approve in concept the construction of
an addition to the present Greg Rogers Maintenance Building.
17o Report - Second quarter of Employee Assistance Service (Director of Personnel)
Director of Personnel Thorsen submitted the second quarterly report covering
the experience of the Employee Assistance Program for the period March 15 -
June 15, 1981 noting that 37.5% of the estimated troubled work force has used
the program.
Duane~Rogers of Personal Assistance Services responded to Council questions re-
garding the various services provided by the program.
MSUC (Gillow/Hyde) to accept the report.
18. MAYOR'S REPORT
a. Mayor Hyde requested ratification of the following appointments:
(1) William Kennedy - Board of Appeals
MSUC (Gillow/Scott) to ratify the appointment.
(2) Joan Raso - International Friendship Commission
MSUC (Scott/Cox) to ratify the appointment.
(3) John Macevicz - Board of Ethics
MSUC (Scott/Cox) to ratify the appointment.
b. Mayor Hyde requested a status report on The Glenn construction. City Manager Cole
reported no significant developments in lease negotiations; that the developer is
primarily interested in gaining access to begin demolition and that staff is with-
holding permission until plans are completed.
c. Mayor Hyde announced that interviews for candidates for the Parks and Recreation
Commission have been scheduled to start at 4:30 p.m. on Wednesday, July 29, 1981~
19. COUNCIL COMMENTS
ao Councilman Gillow commented on the potential for redevelopment of the Trolley
Corridor.
MS (Gillow/Scott) to direct staff to report back for consideration the whole
Trolley Corridor for possible redevelopment~ Discussion followed concerning the
studies under way by staff including the Broadway area, Otay Valley Industrial
Park area and the report on the density of the entire transportation corridor re-
quested one year ago°
MSUC (Gillow/Scott) to expand the Broadway redevelopment study to include the
Trolley Corridor.
City Council Meeting -7- July 28, 1981
19. COUNCIL COMMENTS -- continued
Additional Council discussion related to a Planning Department study of increasing
the density in the transportation corridor; Mr. Peterson commented that that study
has been conducted on a time-available basis and that he instructed staff to put
the study aside to devote time to Cadillac-Fairview's proposal.
Following discussion, the motion was amended with the consent of the second to
consider the Trolley Corridor redevelopment as a separate item, not related to
the Broadway study.
Discussion continued regarding the priority of the Cadillac-Fairview proposal and
Mr. Peterson reviewed the tentative scheduling of the hearings on the EIR in
November 1981, and the hearing on EastLake projected early in 1982.
b. Councilman Gillow requested that a plan be drafted for posting of neighborhood
Watch signs at major entrances to Chula Vista.
(MSUC (Gillow/Hyde) to direct staff to come back with a recommendation on posting
Neighborhood Watch Community signs at major entrances to the City, the recommenda-
tion to include suggested points.
c. Mayor Hyde requested status of posting "Tree City" signs; Development Services
Administrator Robens responded that they have been installed at various locations.
MSUC (Hyde/Gillow) to direct staff by next week to put up the "Tree City-Chula
Vista"flag and to inform the Council of its location.
d. Councilwoman McCandliss questioned the date of the next City tour.
e. Councilwoman McCandliss questioned whether the median strip on Telegraph Canyon
Road at Halecrest would be landscaped. The City Engineer commented that it was
included in the budget.
f. Councilman Scott discussed a traffic hazard in making a left hand turn at the
shopping center at Telegraph Canyon Road (Canyon Plaza) east of "L" Street in
relation to the condominiums located across the street.
MSUC (Scott/Hyde) that the Safety Commission and staff look into the safety
problems and report back to Council.
g. Mayor Hyde advised that the Price Annexation is scheduled to be heard by LAFCO
on August 3, 1981 at 9:00 a.m.
Council recessed to the Closed Door Session at 9:30 p.m. The City Clerk was
excused and the City Manager reported that the Closed Door Session ended at
9:46 p.m.
ADJOURNMENT at 9:46 p.m. to the Council Conference on Wednesday, July 29, 1981 at
4:30 p.m. for Parks and Recreation Commission interviews; to the Conference on
Thursday, July 30, 1981 at 4:00 p.m. for consideration of the Growth Management Plan;
and to the regular scheduled meeting of Tuesday, August 4, 1981 at 7:00 p.m.
STATE OF CALIFOP~NIA ) AFFIDAVIT OF POSTING ORDER
COUNTY OF S~2~ DIEGO ) ss OF ADJOUP~N~-~ENT OF .~ETING
CITY OF CHULA VISTA )
I, Jennie M. Fulasz, being first duly sworn depose and say .:
That I am the duly chosen, qualified and acting City Clerk of the
City Council of the City of Chula Vista;
That the regular meeting of the Council of the City of
Chula Vista was held Tuesday, July 28, 1981
and said meeting was adjou, rned to the time and place specified in
the order of adjournment ATTACHED HERETO:
That on Wednesday, July 29, 1981 at the hour of 9:10 a.m.
I posted a copy of said order at a conspicuous place on or near
the door of the place at which said me~ting of July 28, 1981
was held.
~e rk
Subscribed and sworn to before me this
day of
19
Notary Public in and for said County
and State of California
MINUTES OF ~LN ADJOURNED PdEGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFOIRNIA
Held Tuesday, July 28, 1981
The City Council met in the Council Chantber at the Public Services
Building, 276 Fourth Avenue on the above date at 7:00 p.m. with
the following
Councilmen present: Hyde, McCandliss, Gillow, Scott, Cox
Councilmen absent: None
~i ~ ADJOUPaNMENT
· ~ The Mayor adjourned the meeting at 9:46 p.m. until Wednesday,
.~ July 29, 1981 at 4:50 p.m. in the Council Conference
! Room, City Hall, 276 Fourth Avenue, Chula Vista, California.~ for the
.~.. purpose of conducting interviews for the Parks ~ Recreation Commission. and to Thursday,
July 30, 1981 at 4:00 pm for consideration of a Growth Management Policy Plan.
I, Jennie M. Fulasz, City Clerk of the City of Chula Vista, DO
HEP~BY CERTIFY that this is a full, true and correct copy of an order
by the City Council at the meeting of July 28, 1981
~ENNIE M. FULASZ; CM~5 CITY CL~{K
City of Chula Vista, CaliforniQf