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HomeMy WebLinkAboutcc min 1984/08/21 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, August 21, 1984 Council Chamber 7:00 p.m. Public Services Building City Clerk Fulasz opened the meeting by calling the roll. ROLL CALL Councilmeters present: Councilmembers McCandliss, Scott, Moore Councilmembers absent: Mayor Cox, Council member Malcolm Staff present: City Manager Goss, City Attorney Harron, Assistant City Manager Asmus In the absence of the Mayor and Vice Mayor, the City Clerk called for a motion to appoint an Acting Mayor pro Tempore. MSUC (Scott/Moore) to appoint Councilwoman McCandliss as the Acting Mayor pro Tempore. Acting Mayor pro Tempore McCandliss noted the passing of Captain Virgil Seiveno of the Police Department asking that everyone remember him in their prayers. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The Pledge of Allegiance was led by Acting Mayor pro Tempore McCandliss followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meetings of August 7 and 14, 1984 Councilman Moore noted he was marked as being present at the meeting of August 7; however, he was absent. MSUC (Moore/Scott) to approve the minutes as corrected. 2. SPECIAL ORDERS OF THE DAY a. OATH OF OFFICE TO JOHN C. CROUSE ON HIS APPOINTMENT ON CIVIL SERVICE COMMISSION The Oath of Office was administered to Mr. Crouse~ Councilman Scott presented him with a Certificate of Office. 3. WRITTEN COMMUNICATIONS a. REQUEST FOR ORDINANCE REVIEW PERMITTING SECOND DWELLINGS ON LOTS IN SINGLE F~IL¥ AREAS - 700 Block of Elm Avenue (jack and Jane Unger) City Council Meeting - 2 - August 21, 1984 Mr. and Mrs. Unger complained of a neighbor erecting a detached dwelling and a "separate" family occupying that house on a permanent basis. They requested the City Ordinance permitting second dwellings on lots in single family areas be reviewed and either rescinded or amended to prevent multiple dwellings on R-11 ots. b. REQUEST TO RESCIND ORDINANCE PERMITTING SECOND DWELLINGS ON R-1 LOTS- 700 Block of Elm Avenue (Mrs. Della Rocca) Mrs. Rocca stated her next door neighbor was permitted to erect a second dwelling and requested the City Ordinance permitting this intrusion be rescinded or amended to stop such a practice. MSUC (Moore/McCandliss) to "receive" the letters. City Manager Goss explained that a guest house is a permitted use in an R-1 zone; however, it is to be an "occasional"' use and not a permanent one. The question is one of enforcement. Staff is aware of the situation and is looking at alternatives. A report will be coming back to Council. c. REQUEST FOR NON-SMOKING ORDINANCE SIMILAR TO CITY AND COUNTY OF SAN DIEGO (d. Forde, Director Department of Heal th Services) Mr. Forde requested support of an ordinance model ed after either the County's or the City of San Diego's ordinance regarding smoking at the work site. He commented on the importance of non-smokers to breathe air that is as little contaminated by smokers as possible. MSUC (Moore/Scott) to refer this to staff in conjunction with a report they are preparing on the subject. PUBLIC HEARINGS 4. PUBLIC HEARING GPA-84-2 AND PCZ-84-D - CONSIDERATION OF AN AMENDMENT TO THE GENERAL PLAN AND THE REZONING OF APPROXIMATELY 225 ACRES LOCATED EASTERLY OF BRANDYWINE AVENUE AND NORTHERLY OF OTAY VALLEY ROAD (Director of Planning) a. RESOLUTION AMENDING THE GENERAL PLAN TO REDESIGNATE APPROXIMATELY 225 ACRES LOCATED EASTERLY OF BRANDYWINE AVENUE AND NORTHERLY OF OTAY VALLEY ROAD FROM GENERAL INDUSTRIAL TO RESEARCH AND LIMITED INDUSTRIAL The City Council, at its meeting of November 15, 1983, voted unanimously to initiate a general plan amendment and the rezoning of approximately 225 acres of the Otay Valley Redevelopmerit Project area located northerly of Otay Valley Road and easterly of Brand3avine Avenue, from General Industrial and I-P to Research and Limited Industrial and I-L-P. The Planning Commission considered the subject matters at its regular meeting of July 25, 1984. City Council Meeting - 3 - August 21, 1984 The Director of Planning recommends concurrence with the Planning Commission that Council: (1) find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-84-13; (2) approve and adopt GPA-84-2; (3) terminate the City's consideration of PCZ-84-D; and (4) The General Plan Amendment become effective concurrent with the City's adoption of the Otay Valley land use and design guidelines. Councilman Scott noted both the Mayor and Vice Mayor were absent from the meeting this evening and this item should be discussed with a full Council. MSUC (Scott/Moore) to continue the public hearing to the meeting to August 28 (for a full Council). Acting Mayor pro Tempore McCandliss asked staff to provide additional information on the rationale for recommending the General Plan Amendment change and retaining the underlying Industrial Zone. 5. PUBLIC HEARING ON THE CITY ENGINEER'S REPORT FOR THE COST OF THE 1911 BLOCK ACT PHASE XVI PROJECT (Director of Public Works/City Engineer) a RESOLUTION 11735 CONFIRMING ASSESSMENTS AS OUTLINED IN THE ENGINEER'S REPORT FOR THE 1911 BLOCK ACT PHASE XVI PROJECT This being the time and place as advertised, Acting Mayor pro Tempore McCandliss opened the public hearing. City Engineer Lippitt explained that on July 24, 1984, the City Council accepted the filing of the City Engineer's report on the cost of construction of work adjacent to six parcels in the 1911 Block Act Phase XVI project. THe six properties included in the 1911 Block Act Phase XVI program were as follows: PROPERTY LOCATION IMPROVEMENTS REQUIRED 904 Fourth Avenue Sidewalk only 458-470 "L" Street Sidewalk only 1395 First Avenue Curb, gutter, sidewalk, ~avement, driveway, sidewalk ram 914-916 Fourth Avenue Curb, gutter, sidewalk, 3avement, driveway 1382 Hilltop Drive Curb, gutter, sidewalk, 3avemerit, driveway 745 Third Avenue Curb, gutter, sidewalk, 3avemerit, driveway City Council Meeting - 4 - August 21, 1984 Staff recommended that Council: (1) conduct the public hearing on the Engineer's report; (2) approve resolution confirming assessments as outlined in the Engineer's report; {3) au~lorize staff to record liens against properties that do not pay their assessment in full within a five-day period after confirmation of the assessment by the City Council; and (4) authorize the City to collect the assessed amounts if not paid off in full, utilizing a simple interest rate of 7% per annum. Payments may be made in a maximum of lO annual installments. Mr. Lippitt added that all of the people have been notified of the assessments and can either pay the assessment within five days or go to a lien period of 10 years at 7% interest. In answer to Councilman Moore's question, City Engineer Lippitt stated that personal contact has been made by staff with the families involved prior to this public hearing. There being no comments either for or against, the public hearing was declared closed. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent passed and approved unanimously. 6. ORAL COMMUNICATIONS (None) CONSENT CALENDAR (Items 7-13) MSUC (Scott/Moore) to approve the Consent Calendar. 7. RESOLUTION 11736 NAMING MARINA VIEW PARK (Parks and Recreation Director) On August 7, 1984, the City Council requested a resolution be brought back naming the park at "J" Street and Tidelands Avenue "Marina View Park." 8. RESOLUTION 11737 AUTHORIZING SUBMISSION OF THE GRANTEE PERFORMANCE REPORT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROjECTS AND EMERGENCY JOBS BILL PROJECTS FOR FY 1983-84 {Community Development Director) The Grantee Performance Reports are required to be submitted annually to the U.S. Department of Housing and Urban Development (HUD). They detail the City's use of Community Development B1 ock Grant {CDGB) funds and the Emergency Jobs Bill (EjB) funds during FY 1983-84 and the benefits received by citizens. These reports for the last fiscal year are due at HUD by August 29 of this year. City Council Meeting - 5 - August 21, 1984 The City of Chula Vista received $933,000 in Community Development Block Grant funds and 3358,000 of Emergency Jobs Bill funds for FY 1983-84. The Grantee Performance Reports show the City spent a total of $722,000 in Community Development Block Grant funds from various grant years and $122,000 in Emergency Jobs Bill funds during FY 1983-84. 9. RESOLUTION 11738 ENTERING INTO RENTAL AGREEMENT WITH TREPTE CONSTRUCTION COMPANY, INC. TO LOCATE A CONSTRUCTION TRAILER AT 263 LANDIS AVENUE (Community Development Director) The South Bay ~mbulatory Surgical Center is currently under construction at the southeast corner of Landis and Davidson Streets. The contractor for this project has requested that the City allow a construction trailer on property (formerly the Glenn's property) recently acquired by the City. The use of City property by the South Bay ~mbulatory contractor will be temporary in nature and expected to extend through March 1985. Rental income from August 22 through March 22 will be $350. The City will be named as an additional insured to the contractor's $1 million liability insurance policy; therefore, no financial liability to the City is anticipated. lO. RESOLUTION 11739 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RUBY G. STUMPF AND AUTHORIZING THE CONNECTION OF HER PROPERTY AT 205 "C" STREET TO THE CITY SEWER SYSTEM (Director of Public Works/City Engineer) The owner of the property located at 205 "C" Street, Ruby G. Stumpf, has had repeated septic system failures causing effluent to seep to the surface of the ground. The County Department of Health Services has put the owner notificaton that the problem must be resolved within 30 days (September 8, 1984). The property is located within the unincorporated area of the County fronting upon a public sewer operated by the City of Chula Vista. Council Policy No. 570-02 set on July 5, 1983, provides for the connection of properties outside the City boundary to the City's sewers with certain conditions. The owner has requested permission to make this connection. The owner is required to pay various fees and charges for sewer service and connection costs. ll. RESOLUTION 11740 ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF STORM DRAIN FACILITIES IN FOURTH AVENUE AND "L" STREET IN THE CITY OF CHULA VISTA (Director of Public Works/City Engineer) On August 8, 1984, the City Engineer received sealed bids for Construction of Storm Drain Facilities in Fourth Avenue and "L" Street in the City of Chula Vista, California. This project was included in the 1983-84 Capital Improvement Program. The work to be done consists in general of constructin9 drainage facilities which include excavation and grading, asphalt paving, ~rocessed miscellaneous base, curb anmd gutter, sidewalk, driveway approach, installation of various sizes of reinforced concrete pipe, various drainage structures, and other miscellaneous work. City Council Meeting - 6 - August 21, 1984 Staff recomended that Council: (1) authorize the expenditure of $89,700 from Cross Gutter Removal Account "L" and Fourth. (2) accept bids and award contract to Maeak Corp. dba Horizons Construction, San Die9o, in the amount of $81,565. 12. RESOLUTION 11741 ACCEPTING BIDS AND AWARDING CONll~ACT FOR CONSTRUCTION OF CURB, GUTTER AND SIDEWALK AT THE NORTH SIDE OF EAST "j" STREET FROM DENNIS AVENUE TO 378.8 FEET EAST IN THE CITY OF CHULA VISTA (Director of Public Works/City Engineor) On August l, 1984, the City Engineer received sealed bids for construction of curb, gutter, and sidewalk at the North Side of East "j" Street from Dennis Avenue to 378.8' East in the City of Chula Vista, California. The work to be done consists of the installation of curb, gutter and sidewalk, driveway, asphalt concrete paving, processed miscellaneous base, excavation and grading, and other miscellaneous work. The City Council approved by Resolution No. 11490 on December 13, 1983, the appropriation of funds for construction of a walkway for pedestrians along East "j" Street, This walkway will be located along the rear of double frontage lots having physical access from Gretchen Road only. Staff recommended that Council: (1) authorize the transfer of $2,800 from - Cross Gutter Removal Account - "L" and Fourth to East "j" Street Pedestrian Improvements. (2) authorize the expenditure of $15,800 from the following: East "J" Street Pedestrian Improvements - $15,800 (3) accept bids and award contract to G. Spikes Masonry and Cement Contractor, San Diego in the amount of ~13,427,75. 13. RESOLUTION 11742 CONSENTING TO NEGOTIATE WITH THE COUNTY OF SAN DIEGO OUTSIDE THE BOUNDS OF THE MASTER PROPERTY TAX EXCHANGE AGREEMENT FOR THE PROPOSED LOWER SWEETWATER REORGANIZATION (Director of Planning) The proposed Lower Sweetwater Reorganization involves the annexation of approximately 88 acres of unincorporated/inhabited territory to the City of Chula Vista, and concurrent detachments from the Lower Sweetwater Fire Protection District and the San Diego County Flood Control District - Zone 3. It has been determined, through discussions with the County's Facilities Planning Division, that the exchange of property tax revenues from the proposal area pursuant to the Master Agreement would not be equitable for the City of Chula Vista. City Council Meeting - 7 - August 21, 1984 Therefore, it has been recommended by County staff that negotiations take place outside the bounds of the Master Agreement in order to determine a more equitable exchange of property tax revenue in the instant case. County staff has prepared a similar resolution of consent which the Board of Supervisors will consider on August 21, 1984. Taking all revenue sources into consideration, the City would experience a net loss of approximately $2,000 in revenue under the Master Agreement. However, under the County-proposed tax exchange, the City would receive between $5,000 and $6,000 of revenue from all sources including property taxes. This amount would apply to the base year (taxes collected today). In future years the City would receive 41% of the area's growth in value (annual tax increment, ATI) under the County-proposal as compared to 24.5% ATI pursuant to the Master Agreement. End of Consent Calendar 14. REPORT OF THE CITY MANAGER a. City Manager Goss stated that the La Fontana residents have been in contact with mediation services for several days now. Staff will continue to monitor this situation. b. City Manager Goss announced that the Salsa Festival will be held this Saturday, August 25, at Memorial Bowl beginning at 10 a.m. In answer to Mayor pro Tempore McCandliss' query, Public Information Coordinator Cox explained the publicity involved. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 15. REPORT BONITA OPTIMIST CLUB REQUEST TO CONDUCT A lOK RACE AND F~MILY FUN RUN (Parks and Recreation Director) The Bonita Optimist Club requested permission to conduct a lOK Race and Family Fun Run on Sunday, October 21, 1984, starting at 8 a.m. Police and Traffic Departments are concerned over the runners' safety in the proposed area and recommend they stay on tile south side of Sweetwater Road, permitting better visibility of them by oncoming drivers along with adequate police assistance, as determined by the Police Department. The Parks and Recreation Director recommended Council approve the request subject to the following staff conditions: 1. Approval must be obtained by the Optimist Club from National City, San Diego County, and Plaza Bonita management, since the course encompasses each of those jurisdictions. With their approval, the Chula Vista Police Department will coordinate traffic control with other concerned agencies. City Council Meeting - 8 - August 21, 1984 2. A certificate of liability insurance in the amount of $1 million, showing the City as an additional insured, must be provided prior to the event. 3. A hold harmless agreement must be executed prior to the event. 4. Adequate traffic control arrangements must be made through the Police Department. 5. Sponsor shall remove any litter created by the participants in the runs. MSUC (Moore/Scott) to accept the staff report and recommendations. REPORT OF BOARDS, COMMISSION AND COMMITTEES 16. REQUEST FOR SISTER CITY STATUS FROM WODONGA, AUSTRALIA (International Friendship Commission) On June 26, 1984, the Council asked the Commission to consider having the City of Wodonga, Australia as a Sister City with Chula Vista. The Commission requested an extension of time to consider this proposal. MSUC (McCandliss/Scott) consent to the extension of time. 17. MAYOR'S REPORT a. Mayor pro Tempore McCandliss noted the letter in the Council packet from Mrs. Janine Hanson regarding an incident her daughter had when riding Chula Vista Transit. The daughter was put off the bus at a certain point because she didn't have enough money to continue to her destination. MSUC (McCandliss/Scott) to refer this letter to staff for a report back explaining the policy and rational e behind it and for more details on what actually occurred. 18. COUNCIL COMMENTS a. Councilman Scott referred to the resolution from the City of Poway supporting the cities of San Luis Obispo County urging the League of California Cities to develop and sponsor a California Constitutional initiative restoring and guaranteeing local control of all final land use, subdivision and annexation approvals for privately owned property. MSUC (Scott/Moore) to refer this to the Legislative Committee. ADjOUR~ENT Al 7:18 p.m. to the meeting scheduled for August 28, 1984 at 7 p.m. and August 30, 1984 at 4 p.m. M. ~ULAS City Clerk WPG :0465C PAG