Loading...
HomeMy WebLinkAboutcc min 1985/07/02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, 4:00 p.m. July 2, 1985 ROLL CALL PRESENT: Mayor Cox, Councilmembers Malcolm, McCandliss, Scott, Moore ABSENT: None STAFF PRESENT: City Manager Goss, City Attorney Harron, Assistant City Manager Asmus PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meeting of June 25, 1985 MSUC (Malcolm/Scott) to approve the minutes. 2. SPECIAL ORDERS OF THE DAY a. PROCLAMATION IN RECOGNITION OF KIRSTEN PIPES KOHRUMEL'S ACHIEVEMENTS AT THE 29th ANNUAL NATIONAL WHEELCHAIR GAMES Miss Korumel was not able to be present at the meeting to receive the Proclamation. b. PROCLAMATION COMMENDING THE CHULA VISTA SENIOR SHUFFLEBOARD TEAM FOR WINNING METROPOLITAN LEAGUE CROWN The proclamation was presented to Mr. Emil Bucholz, Captain of the Chula Vista Senior Shuffleboard Team. 3. WRITTEN COMMUNICATIONS ao REQUEST CITY TO INSTALL A MUNICIPAL TRASH CAN AT BUS STOP - THIRD AVENUE EXTENSION AND "C" STREET - (Dennis Clinton, Trust Services of America, 220 A Street~ San Diego 92112) Mr. Clinton complained that the bus stop near the northwest corner of Petco (where Third Avenue and Third Avenue Extension meet) has become a problem with people throwing litter which becomes blown ~bout by the wind. He requested the City install a municipal trash can at this locality. City Council Meeting - 2 - July 2, 1985 City Manager Goss stated the request was transmitted to the Public Works Department to establish a need for a trash can at this location. The staff will advise Mr. Clinton of the outcome of this request. MSUC (Malcolm/Scott) to approve the staff recommendation and to acknowledge and file the letter. b. COMPLAINT REGARDING SAND-BLASTING ON PRIVATE PROPERTY (Ruby L. Jerrison) The request is for an ordinance to regulate sandblasting on private property without some control. MSUC (McCandliss/Malcolm) to refer this to staff for a report to determine if there is a basis for this complaint. c. REQUEST FOR RELOCATION OF SCHOOL CROSSING SIGN - (Mr. and Mrs. Arms, 80 Georgina Street, Chula Vista 92010) The request is to move the school crossing sign on or near the power pole and installation of speed mounds on Georgina Street. Assistant City Manager Asmus stated the matter was referred to staff and has now been resolved. MSUC (Moore/McCandliss) to acknowledge and file the request. d. REQUEST FOR WAIVER OF FEES OF CONDITIONAL USE PERMIT FOR SHARED PARKING FACILITIES (Department of Transportation, San Diego) Caltrans has reached a tentative agreement with the Chula Vista Alliance Church for lhe purpose of having shared use of church parking facilities to accommodate a limited number of persons seeking to ride share to work during the week. Since the proposed use involves a State-wide public program being sponsored by Caltrans and supported by Commuter Computer, it was requested that all applicable permit fees be waived. MSUC (McCandliss/Malcolm) to approve the waiver of the fees. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 4. PUBLIC HEARING PCA-85-3 - CONSIDERATION OF AN ORDINANCE BY THE CITY OF CHULA VISTA AMENDING SEVERAL SECTIONS OF THE ZONING ORDINANCE TO REGULATE SATELLITE DISH ANTENNAS (Director of Planning) City Council Meeting - 3 - July 2, 1985 ORDINANCE 2117 AMENDING SECTIONS OF ZONING ORDINANCE TO REGULATE SATELLITE DISH ANTENNAS - FIRST READING This being the time and place as advertised, Mayor Cox opened the public hearing. Director of Planning Krempl stated that in December 1984, the City Council commented about the increased number of satellite dish antennas being erected in residential and commercial areas within the City. On January 12, 1985, the Council adopted an interim ordinance providing for a moratorium on the construction or installation of satellite dish antennas for 90 days. Expiration of the moratorium on April 12 did not leave sufficient time for public hearings before the Planning Commission and City Council; therefore, an urgency ordinance was adopted by the Council on April 9, 1985 (effective for 90 days). Mr. Krempl added the Planning staff has reviewed this ordinance with the Chamber of Commerce, the public and the industry. Some of the comments were received and noted. The staff position is that none of the comments received were substantive enough in nature in order to modify the ordinance. The recommendation is that the Council reaffirm its previous action sanctioning the ordinance. Councilman Malcolm noted the main concern is over the installation of the dishes on rooftops; however, people can come in and apply for a variance or a waiver. What the ordinance does is to discourage the installation of the dishes in the front of homes. Councilwoman McCandliss stated she would like to see the regulations on the commercial and industrial districts be more simplified. In answer to Councilman Scott's query, Mr. Krempl stated that staff has taken an inventory of the dishes in the City and there are eleven; these will be non-conforming under the ordinance. Staff has not suggested any amortization of the satellite dishes in the City. There being no further comments either for or against, the hearing was declared closed. Assistant City Manager Asmus declared the ordinance should be placed on first reading. Councilman Scott commented the dishes should not be grandfathered in forever and recommended a time certain when the satellite dishes would be obsolete. Mr. Krempl stated he could check this out and bring it back at the next meeting. City Council Meeting - 4 - July 2, 1985 Councilman Moore said the amortization could be based on the number of years; the economic length of time or a change in ownership. Councilwoman McCandliss indicated she would like to see a one year evaluation. MSUC (Malcolm/Moore) to place the ordinance on first reading. The reading of the text was waived by unanimous consent passed and approved unanimously. City Attorney Harron noted that if there is a substantial change in the ordinance, it should be readvertised and another public hearing held. MSUC (McCandliss/Moore) for the ordinance to be brought back in one year for evaluation of the conditional use permit requirement in the commercial districts. MSUC (Scott/McCandliss) to advertise for a public hearing as far as amortizing the satellite dishes and the amortization to be in light of that suggested by Councilman Moore. 5. PUBLIC HEARING PCS-85-10 - CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR EL RANCHO DEL REY 6E, CHULA VISTA TRACT 85-10 - EL RANCHO DEL REY (Director of Planning) a. RESOLUTION 12069 APPROVING TENTATIVE SUBDIVISION MAP FOR EL RANCHO DEL REY 6E, CHULA VISTA TRACT 85-10 This being the time and place as advertised, Mayor Cox opened the public hearing. Director of Planning Krempl explained that the applicant has submitted a tentative subdivision map in order to subdivide 1.4 acres of property located east of River Ash Drive between East "J" Street and Blackwood Road in the P-C zone into 9 zero lot line single family residential lots. The Planning Commission recommended approval in accordance with their Resolution PCS-85-10 and to adopt the Negative Declaration issued on IS-85-39. Mr. James Hutchinson, Consulting Engineer, Gersten Company stated they are in agreement with all of the conditions proposed by staff and the Planning Commission and request Council approval. There being no further comments either for or against, the hearing was declared closed. City Council Meeting - 5 - July 2, 1985 RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent passed and approved unanimously. Councilman Moore noted this is the first subdivision to come in under the new developers' fee structure by the school districts and he suggested Council address the issue of having this money spent in Chula Vista. ITEMS 6 AND 7 Mayor Cox stated that with the concurrence of the City Council. he will open both the public hearings on Items 6 and 7. 6. PUBLIC HEARING GPA-85-1 PROPOSED REDESIGNATION OF 2.09 ACRES AT 176 OTAY LAKES ROAD FROM LOW DENSITY RESIDENTIAL TO RETAIL COMMERCIAL AND PROFESSIONAL AND ADMINISTRATIVE COMMERCIAL ON THE PLAN DIAGRAM OF THE LAND USE ELEMENT OF THE GENERAL PLAN (Director of Planning) a. RESOLUTION 12070 APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN REDESIGNATING 2.09 ACRES AT 176 OTAY LAKES ROAD FROM LOW DENSITY RESIDENTIAL TO "MEDIAN DENSITY RESIDENTIAL" 7. PUBLIC HEARING PCZ-85-C - CONSIDERATION TO REZONE 2.09 ACRES AT 176 OTAY LAKES ROAD FROM A-D TO C-C-P (Director of Planning) a. ORDINANCE 2118 AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING 2.09 ACRES AT 176 OTAY LAKES ROAD FROM A-D TO R-3-P-8 FIRST READING This being the time and place as advertised Mayor Cox opened both public hearings 6 and 7. Director of Planning Krempl explained that the applicants are the owners and purchasers of a two-acre site, located on the westerly side of Otay Lakes Road between Bonita Road and Allen School Lane. They propose to redesignate this site from Low Density Residential (1 to 3 dwelling units per gross acre) to Retail Commercial and Professional and Administrative Commercial on the plan diagram of the Land Use Element of the Chula Vista General Plan. The applicants for the proposed amendment have also filed a companion case, a request to fezone the site from "A-D" (Agricultural Zone) to "C-C-P" (Central Commercial Zone) and uC-O-p" (Administrative and Professional Office Zone). It is the intent of the purchasers of the southerly portion of the real property to establish a day care center on their holdings. City Council Meeting - 6 - July 2, 1985 On June 27, 1984, the Planning Commission by a 3-3 vote failed to approve GPA-84-6, a proposal to redesignate the subject lands "Retail Commercial" and "High Density Residential". The staff recommendation is to redesignate the subject site from "Low Density Residential" to "Medium Density Residential" on the plan diagram of the Chula Vista General Plan. Mr. Krempl submitted a transparency noting that the applicant's request for C-O-P; the Planning Commission's recommendation for C-O-P; Planning staff's recommendation for R-3-P-8 and noting the existing zoning on the property is A-D. Mr. Norman Williams, 3404 Bonita Road, Chula Vista representing the owners, stated the proposal is for a day care center comprising 11,200 square feet with an investment of $1 million dollars for this project. Mr. Willjams discussed the adjacent land uses in the area noting the feed store to the north is a retail use. This stable is a separate entity and should be dealt with separately. The residential use to the west has a typography difference of 25 feet elevation whereas the residential area to the east is about 300 feet in elevation; therefore, the professional and Administrative Commercial is a good step since it will be well separated from the residential uses. There being no further comments either for or against, the hearing was declared closed. Mayor Cox questioned the credence of having the 2.09 acres in one land use as recommended by the Planning Commission - if the feed barn ceases to exist.Council discussion followed regarding the balance of the 2.09 acres and its rationale for keeping it in the R-1 zoning; other permitted uses for the proposed zoning; having a transitional zoning; the parking associated with the uses along Otay Lakes Road; and the difference between the retail use of the feed barn and a commercial use. A motion made by Mayor Cox to accept the Planning Commission recommendation failed for lack of a second (to designate the entire 2.09 acres from low density residential to Professional and Administrative Commercial.) RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent. Councilman Malcolm indicated he may have a "moral" conflict of interest - although he never received any money, he has done some work for the owners of this property. He added the site should be multi-family and approving this use would be "stretching" the commercial areas along Otay Lakes Road. City CoUncil Meeting - 7 - July 2, 1985 Councilman ScOtt agreed stating the area is now over built with commercial type uses. Mayor Cox stated he would be voting against the motion on the floor indicating the C-O-P zoning is the most appropriate transitional zone between Otay Lakes Road and the residential area. The resolution carried by the following vote to-wit: AYES: McCandliss, Malcolm, Scott NOES: Cox, Moore ABSENT: None ITEM NO. 7 7. PUBLIC HEARING PCZ-85-C CONSIDERATION TO REZONE 2.09 ACRES AT 176 OTAY LAKES ROAD FROM A-D TO C-C-P (Director of Planning) a. ORDINANCE 2118 AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING 2.09 ACRES AT 176 OTAY LAKES ROAD FROM A-D TO R-3-P-8 FIRST READING This item involves a request by Kinder Care Learning Center, Inc. to rezone 2.09 acres located at 176 Otay Lakes Road from A-D (Agriculture) to C-C-P (Central Commercial) on the northerly 0.73 acres and C-O-P (Commercial Office) on the southerly 1.36 acres. The applicant has filed a companion request to amend the General Plan from "Low Density Residential" to "Retail Commercial" and "Professional and Administrative Commercial." The Planning Commission recommended the following actions: 1o Find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-85-25; 2o Enact an ordinance rezoning 2.09 acres at 176 Otay Lakes Road from A-D to C-O-P in accordance with Resolution PCZ~85-Co The staff's recommendation is that Council rezone the property from A-D to R-3-P-8. MSUC (Scott/McCandliss) to place the ordinance on first reading. City Council Meeting - 8 - July 2, 1985 The ordinance passed by the following vote to-wit: AYES: Scott, McCandliss, Malcolm NOES: Cox, Moore ABSENT: None 8. PUBLIC HEARING TO CONSIDER A REQUEST FOR WAIVER OF UNDERGROUNDING REQUIREMENTS FOR BONITA LONG CANYON SUBDIVISION (Director of Public Works/City Engineer) a. RESOLUTION 12071 APPROVING THE REQUEST FOR A DEFERRAL OF UNDERGROUNDING REQUIREMENTS IN BONITA LONG CANYON SUBDIVISION This being the time and place as advertised Mayor Cox opened the public hearing. The developers of Bonita Long Canyon subdivision requested a waiver of the requirements to underground the 12KV electrical lines within the boundaries of that project. In accordance with Section 15.32.040 of the Chula Vista Municipal Code, any such requests must be considered by the Council at a public hearing. Director of Public Works/City Engineer Lippitt stated the aesthetic benefits which would be be gained by adding the underground 12KV lines would be minimal since the poles would remain to support the 69KV lines and the large towers will remain indefinitely. It is estimated that the cost for undergrounding would be approximately $500,000. Mr. Lippitt added that to have the 12KV lines remain would not pose any threat to the health, safety and general welfare of the neighborhood and he would recommend approval of the waiver request. There being no comments either for or against, the hearing was declared closed. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 9. PUBLIC HEARING CONSIDERATION OF THE ESTABLISHMENT OF A COMMUNITY PLANNING COMMITTEE FOR THE MONTGOMERY AREA (City Attorney) a. REPORT ESTABLISHING COMMUNITY PLANNING COMMITTEE FOR THE MONTGOMERY AREA b. ORDINANCE 2119 AMENDING SECTION 2.48.040 OF THE CHULA VISTA MUNICIPAL CODE PERTAINING TO THE FORMATION OF A COMMUNITY PLANNING COMMITTEE IN TERRITORY PROPOSED FOR ANNEXATION - FIRST READING City Council Meeting - 9 - July 2, 1985 This being the time and place as advertised, Mayor Cox opened the public hearing. Section 2.48.040 of the Chula Vista Municipal Code presently provides for two options for establishing a community planning committee in an area proposed for annexation. One option is to put a slate of candidates composed of electors of the area to be annexed on the ballot and the alternative method is to have the City Council appoint the members. The primary and initial function of a Community Planning Committee is to develop a community element of the General Plan for the area encompassed by the Community Planning Committee. In addition, the committee has the power to review and recommend upon precise community plans, including all land uses, population densities, transportation network planning, open space, park lands and all other items of a community plan. It also has the power to review and recommend zoning regulations in terms of the comprehensive zoning ordinance, including planned community and planned unit developments, development programs, and incorporation of properties within the territory of the community planning committee into particular zones. It also reviews and recommends upon all variances, conditional use permits, subdivisions, architectural reviews and other regulations affecting land use, such as animal regulations, etc. The proposed ordinance would add an option to the Municipal Code authorizing Council to commit itself to appointing the top vote-getters in an advisory election to a community planning committee. Councilman Scott questioned the need to appoint the members once they are elected. Mayor Cox discussed his rationale for this third option: 1o The time frame involved if the annexation is approved in November the annexation would become effective as of January 1, 1986 - it is not the most conducive time to appoint the members to this group (due to the holidays). 2. It would allow the people in the Montgomery area to select their own representatives for the committee. 3. Immediately after the election, the Council would appoint those people getting the highest number of votes. It would be for a twoI~ year term and all vacancies will be filled by appointment by the City Council. 4. This election would be a "one shot" effort to select the members to this committee. City Council Meeting 10 - July 2, 1985 Councilman Moore indicated he had a problem with having two elected bodies in the City suggesting the addition of the word "advisory" in Option "C": "by adopting a resolution at the conclusion of the public hearing requiring that the seven candidates with the most advisory votes be appointed to the Community Planning Committee". Mayor Cox suggested Option "C" be changed to add that there will be an election for the initial composition of the planning group and thereafter members will be appointed by the City Council when vacancies or terms expire on this committee. Mr. Cliff Roland, 1100 Industrial Boulevard, Chula Vista stated he has been meeting and talking to people in the Montgomery area and the public there is "apathetic". There is little interest at this time to appoint the people to this type of committee. There being no further comments either for or against, the hearing was declared closed. MSUC (Cox/McCandliss) to accept the staff report. MS (Cox/Moore) to place the ordinance on first reading. The reading of the text was waived by unanimous consent. MSUC (Cox/Moore) to change the verbiage in Option "C" as follows; 'adopt the resolution at the conclusion of the public hearing; the seven candidates with the most votes shall be elected to the Community Planning Group for its initial composition; thereafter all positions on the community planning committee will be filled by appointment by the City Council. A motion made by Councilman Moore to add the word "advisory" failed for lack of second. MSUC (Cox/McCandliss) to establish the Community Planning Group should the Montgomery annexation to Chula Vista be successful and stipulate that the manner in which the Community Planning Group positions will be filled will be through Option "C" of the ordinance. The Council directed the City Clerk to give extensive coverage in the Montgomery area for the selection of this committee. The ordinance, as amended, carried unanimously. Mayor Cox noted there are various advisory boards and commissions in the City and suggested placing members of the Montgomery area onto these commissions. City Council Meeting - 11 - July 2, 1985 MSUC (Cox/Moore) On an interim basis, should the Montgomery annexation to Chula Vista come in, that one additional position be placed on the advisory boards and commissions; those positions be assimilated and will revert back to their normal size through attrition. (This will be with the exception of the Charter established commissions). Councilman Scott spoke against the motion since it depicts geographical slots for boards and commission members. He felt this could be a precedent if Bonita or other outlying sections of the City come in. Councilwoman McCandliss remarked she is voting for the motion with the caveat that the positions will be tilled by only qualified persons applying for the position. The motion carried with Councilman Scott voting "no". 10. ORAL COMMUNICATIONS a. Mr. Cliff Roland, 1100 Industrial Boulevard, Chula Vista stated he read in the Star News the increase in the developer's fees by the school districts. Mr. Roland questioned the ability of the school districts to raise these fees and noted the State Lottery which will be started soon with the money designated for the school districts. Councilman Malcolm declared the monies collected in Chula Vista should be spent in Chula Vista and questioned whether or not the Council should continue to support the collection of the fees for the districts. Councilman Scott stated the time has come to bring this back for consideration. He suggested it be put back on the agenda at next meeting with the stipulation that Council will no longer be a conduit for collecting the fees. MSUC (Scott/Malcolm~) to place on the next Council agenda, the appropriate item stating the Council will no longer hold up any subdivision for a school letter (regarding developers' fees). Councilman Moore suggested input be received from the school districts in the two week interim period so that they could have some formulation on the resolution. CONSENT CALENDAR (11-20) MSUC (Scott/Malcolm) to approve the Consent Calendar with the exception of Items 15 and 19. City Council Meeting - 12 - July 2, 1985 11. RESOLUTION 12072 ACCEPTING BIDS AND AWARDING CONTRACT FOR ASPHALTIC EMULSIONS (Director of Finance) Bids were received on June 10, 1985 for furnishing RS-2 asphaltic emulsions with latex to the City for the period July 1, 1985 through September 30, 1985. The bid of Sim J. Harris Co. meets specifications and it was the recommendation of the Director of Public Works/City Engineer the contract be awarded to this company - $163.00 price per ton for a total bid of $84,000. 12. RESOLUTION 12073 ACCEPTING BIDS AND AWARDING CONTRACT FOR ASPHALTIC CONCRETE (Director of Finance) Bids were received on June 10, 1985 for furnishing asphaltic concrete to the City for use during the period July 1, 1985 through December 31, 1985. Bids were requested for a six-month period due to fluctuating material costs. The recommendation was to accept the bids and award the contract to Sim J. Harris Co. PRICE PER TON ESTIMATED BIDDER ITEM 1 ITEM 2 ON EST. USAGE Sim J. Harris Co., S D $25.00 $24.00 $91,500 13. RESOLUTION 12074 ACCEPTING BIDS AND AWARDING CONTRACT FOR SCREENINGS (STONE CHIPS) (Director of Finance) Bids were received on June 10, 1985 for furnishing screenings (stone chips) to the City for the period July 1 through December 1, 1985. The recommendation was to accept the bids and award the contract to Sim J. Harris Company. TOTAL BID BASED BIDDER PRICE PER TON ON EST. USAGE Sim S Jarris Co., S.D. $12.75 $38,250 14. RESOLUTION 12075 APPROVING AN AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT OF JUNE 19, 1984 FOR OTAY VALLEY INDUSTRIAL PARK (Director of Public Works/City Engineer) The Final Map for the Otay Valley Industrial Park was approved by Council on June 19, 1984. The Subdivision Improvement Agreement was approved at the same time. City Council Meeting - 13 - July 2, 1985 In anticipation of the sale of the northern portion of this subdivision to SDG&E, the developer, Sammis Properties, requested they be allowed to defer construction of surface improvements within Research Court. In order to allow the remainder of the subdivision improvements to be completed and accepted by the City, it was the staff recommendation that an amended Subdivision Improvement Agreement be approved. Under its terms, Sammis Properties would be allowed to substitute a new developer for a portion of the project. 15. RESOLUTION 12078 AUTHORIZING THE ISSUANCE OF $3,000,000 PRINCIPAL AMOUNT OF BONDS OF THE CITY OF CHULA VISTA TO PROVIDE FINANCING FOR COMMERCIAL FACILITIES TO BE DEVELOPED BY THE HOME DEPOT, INC. (Community Development Director) Pulled from the Consent Calendar 16. RESOLUTION 12076 EXTENDING THE TIME FOR ADJUSTING WAGES AND BENEFITS FOR ALL CITY EMPLOYEES TO JULY 16, 1985 (Assistant City Manager) The City's negotiating team is currently negotiating with the Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE) with any changes in wages and/or fringe benefits to be effective July 5, 1985. Since negotiations will not be completed in time to meet this effective date, City Council action declaring its intention to make any adjustments retroactive to this date is required. 17. RESOLUTION 12077 REVISING THE ASSIGNED POSITIONS FOR EXECUTIVE MANAGEMENT PERSONNEL IN THE CITY FOR 1985-1986 (Assistant City Manager) This resolution provides for the deletion and addition of various positions within the executive management group, as reflected in the 1985-86 budget. 18. ORDINANCE 2120 AMENDING CHAPTER 8.20 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO MOBILE FOOD PREPARATION UNITS - FIRST READING (Assistant City Attorney) Section 27526 of the Health and Safety Code defines a mobile food preparation unit and establishes requirements which all such vehicles must comply with throughout the State. Any local ordinance must be consistent with said State requirements. The proposed ordinance amends Chapter 8.20 of the Chula Vista Municipal Code establishing the same requirements as those set forth in the County's ordinance. City Council Meeting - 14 July 2, 1985 19. ORDINANCE 2122 AMENDING CHAPTER 8.20 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING A NEW SECTION 8.20.025 REGULATING VENDING VEHICLES NEAR SCHOOL FACILITIES - FIRST READING (City Attorney) Pulled from the Consent Calendar 20. ORDINANCE 2121 AMENDING SECTION 2.05.010 OF THE CHULA VISTA MUNICIPAL CODE BY PLACING CERTAIN MANAGEMENT LEVEL EMPLOYEE POSITIONS IN THE UNCLASSIFIED SERVICE - FIRST READING (Assistant City Manager) Assistant City Manager Asmus reported that Section 2.05.010 of the Chula Vista Municipal Code indicates certain management level positions to be included in the unclassified service in addition to those identified in the City Charter. This section of the Code was last amended in May 1980. Since that time, other positions have been included in the unclassified service but have not been included in the Municipal Code. The Charter does not specifically require that unclassified positions be listed in the Municipal Code; however, for ease in determining which positions are and are not unclassified, it is appropriate to list them in one place. This report includes three groupings of employees to be added to Section 2.05.010: newly budgeted positions, established unclassified positions not included in Section 2.05.010, and a title change for one position. End of Consent Calendar RESOLUTIONS AND ORDINANCES, FIRST READING 15. RESOLUTION 12078 AUTHORIZING THE ISSUANCE OF $3,000,000 PRINCIPAL AMOUNT OF BONDS OF THE CITY OF CHULA VISTA TO PROVIDE FINANCING FOR COMMERCIAL FACILITIES TO BE DEVELOPED BY THE HOME DEPOT, INC. (Community Development Director) Councilman Malcolm stated he will be abstaining due to a possible conflict of interest. Director of Community Development Desrochers submitted a report explaining it is the opinion of bond counsel, Jones Hall Hill and White, that the proposed bond issue for the Home Depot project located at 1-805 and H Street be judicially validated in the San Diego County Superior Court under Sections 860 and following sections of the Civil Procedure Code. These sections require that the validation proceeding be filed within 60 days following the City Council Meeting - 15 - July 2, 1985 authorization of bonds. The resolution is the necessary first step toward the validation proceeding which will take from 45 to 60 days to complete. Once all the financing documents are in final form, they will be returned to the City Council for review, public hearing and final approval. The sole purpose of the resolution is to permit the initiation of the validation so that further processing of the bond documents may proceed. In answer to Councilwoman McCandliss' question, Mr. Desrochers stated there will be no court cost involved in the validation - it is included in bond counsel's services. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 19. ORDINANCE 2122 AMENDING CHAPTER 8.20 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING A NEW SECTION 8.20.025 REGULATING VENDING VEHICLES NEAR SCHOOL FACILITIES FIRST READING (City Attorney) At its April 23, 1985 meeting, the City Council accepted a report and recommendation that an ordinance be brought back regulating vending vehicles near school facilities. This report was in response to a written communication from the Palomar PTA requesting regulation of vending vehicles for safety reasons. The Safety Commission held a public hearing on this matter on March 14, 1985 and recommended that an ordinance be adopted prohibiting vending vehicles from parking or stopping within 500 feet of any school property between the hours of 7:00 a.m. and 4:00 p.m. on regular school days. Dr. Cheryl Cox, Hilltop Elementary School, asked for approval of the ordinance stating the school district has been having a great deal of problems with the vendors. There are 700 boys and girls in the Hilltop Elementary School and they all embark on the buses at the same time. Several times, she has tried to get the vendors who park next to the buses to move; however, she has been unsuccessful in these efforts and has had to call the police. The police have not been able to do anything about it because the vendors are not in any violation of the Safety Code. Councilman Malcolm stated he received a call from a student stating some of the ice cream vendors in the City are also selling drugs to the children. Councilman Scott suggested the vendors get a permit from the schools for certain parking areas. City Council Meeting - 16 - July 2, 1985 Councilman Moore suggested the parking and the hours for the vendors be controlled by the school districts. Councilwoman McCandliss noted the Council is not restraining this trade the vendors can park elsewhere near the schools, near the parks or get to the children when they are walking home. The vendors park at the busiest times when the schools are letting out the children and parents are picking them up. It has become a safety problem and therefore needs to be addressed. Dr. Cox noted there is no "safe" parking space near the Hilltop Elementary School. The vendors have to park along Hilltop Drive and last year one of the children was hit by one of these vehicles. Councilman Scott remarked that the ordinance should be adopted and then amendments can be considered if there are better ways in which to enforce this issue. MS (Scott/McCandliss) to place the ordinance on first reading, the reading of the text was waived by unanimous consent. Mr. Gray, Ice Cream Vendor, stated he has been in the business for almost 28 years. He stops at the Castle Park and Bonita Vista Junior High Schools. He has been asked by the schools and police, at various times, to move his vehicle and has complied willingly with the requests. He does not want to interfere at all with the school buses or any parking problems with the schools. He stated all ice cream vendors are cooperative with the schools and the police. He has no problems with the ordinance to stay within 500 feet of the school boundaries. MS (Moore/Cox) for a condition to be included in the ordinance allowing any vendors' vehicles only in special designated areas within the 500 feet limitation when so designated by the Sweetwater Union High School District. Motion Restated MSUC (Moore/McCandliss) for staff to come back with a report and recommended changes to the ordinance to allow this vote. City Manager Goss noted no problem involved at this time since the schools are out for the next few months. The motion to place the ordinance on first reading carried unanimously. CONTINUED MATTERS 21. REPORT SUGGESTED CHARTER CHANGES INCLUDING CHANGE OF ELECTION DATE (Continued from the meeting of June 25, 1985) (City Attorney) This item was continued from the meeting of June 25, 1985. At that meeting, the City Attorney recommended (1) to consolidate Chula Vista elections with November statewide elections; (2) not to require runoffs; and (3) approve certain housekeeping changes. City Council Meeting - 17 - July 2, 1985 Councilman Scott stated he has reviewed all of the suggested changes for consolidation dates. Originally, the Council had the best election date until the school districts vacated that specific date. His suggestion is to now go along with the Mayor's election date and have Council elected in the even -numbered years. Councilman Moore stated he would recommend no change in the present schedule. Further Council discussion involved the cost of the elections; consolidating with the June Statewide elections; voter turnout; percentage of voters in the Montgomery area; the large percentage of voters in Mobilehome Parks in the Montgomery area; special interest groups that can control an election; extending the Council's terms of office. Councilman Scott suggested the City try this election in November 1985 to see what the turnout will be before making any changes. Councilwoman McCandliss said she can support a motion to wait until after the election; however, she feels it is clear that the elections as now scheduled will not work out well in the long-run. MSUC (Scott/Cox) to take up the issue (consolidation) prior to the Mayor's election. Mayor Cox asked whether the motion should include reconstituting the Charter Review Committee. Councilman Scott stated he would include this in his motion, Mayor Cox agreed to the second. Councilman Scott noted the prior Charter Review Committee was an ad-hoc committee and a new committee should be formulated. 22~ REPORT OF THE CITY MANAGER a. City Manager Goss stated the City's slide show was now complete and would be shown at the July 16 meeting. b. City Manager Goss stated that Movie Enterprises (Four -Star Productions) will be shooting in Chula Vista on July 5 at Third Avenue and Davidson Street.} c. City Manager Goss noted the court case brought against the City by the American Italian Club protesting the City's ordinance. The courts held the City's ordinance was consistent with constitutional requirements. City Council Meeting - 18 - July 2, 1985 23 MAYOR'S REPORT a. Mayor Cox referred to the Council's action at the last meeting, as a policy, to cancel the first meeting in July. He proposed that the meetings during the Christmas and New Year's holiday also be cancelled. MSUC (Cox/Scott) to adopt a formal policy that would cancel the Council meetings normally scheduled during Christmas and New Year's week. b. Mayor Cox noted that at the last budget hearing, $25,000 was appropriated to promote the second harbor entrance. National City has done the same thing. MSUC (Cox/Malcolm) to designate two members of the Chula Vista Council to serve on the Task Force with two representatives from National City to deal with the second harbor entrance and also to coordinate landscaping plans between National City~contact points (across the Sweetwater Flood Control project and also the undergrounding.) MSUC (Malcolm/Scott) to appoint Mayor Cox and Councilman Moore to serve on the Task Force. c. Mayor Cox noted the following contributions to the Fireworks Display which will be held July 4 at 8:30 p.m. at the "J" Street Marina. Chula Vista Sanitary Service $250 The RV Park $500 Chula Vista Marina $500 Rohr Industries $1,000 Chula Vista Investments $500 San Diego Gas & Electric $500 ~,250 d. Mayor Cox reported the Board of Supervisors today approved the placement of up to five Superior Judges to be phased in as the workload justifies. Chula Vista will be assured of one Judge immediately and may get additional ones. e. Mayor Cox stated that last Friday the State budget was approved and it included $375,000 for the nature center at Gunpowder Point. f. Mayor Cox reported that Lafco has approved the Sphere of Influence for Chula Vista with the exception of United Enterprises property. City Council Meeting - 19 - July 2, 1985 24. COUNCIL COMMENTS a. Councilman Moore discussed the County's proposed revision to their 1-55 policy and the financial problems the County is facing due to lack of sales tax. MSUC (Malcolm/Scott) for a resolution to be brought back urging all the cities in the County to support in concept the legislative action at State level to form a policy to assist reducing the County's funding problems. This resolution is also to be presented to the California League of Cities. b. Councilman Moore asked that telephones be reinstailed in the reporter's booth. Director of Management Services Thomson stated that on July 12 when the new telephone system is installed, new phones will be placed in the reporter's area. c. Councilman Moore asked for some space on the quarterly newsletters to be devoted to promoting the 75th Anniversary of the City. MS (Moore/Malcolm) for a policy affecting the Chula Vista Quarterly Newsletter that up to 50% of the Newsletter be utilized for the 75th Anniversary promotion, if there is worthy data. Councilman Scott suggested having a special edition of the newsletter. SUBSTITUTE MOTION MS (Scott/Moore) for the appropriate information of the 75th Jubilee be authorized up to two extra editions to publicize this diamond event. Mark Cox, Public Information Coordinator said that he would like to check this with the Chula Vista Sanitary Service to see what the weight limit would be for additional leaflets for the advertising, and the number of inserts allowed. The substitute motion was withdrawn. MSUC (Moore/Scott) for staff to look into the ways to publicize the 75th Diamond Anniversary and report back to the City Council. d. Councilman Moore congratulated the Mayor on his birthday. e. Councilwoman McCandliss complimented the Mayor and staff on the presentations made to LAFCO on the City's Sphere of Influence. City Council Meeting - 20 - July 2, 1985 f. Councilwoman McCandliss remarked she watched the fires of the North County on TV and heard one of the firemen commenting on the difficulty of fire trucks coming in from other cities and not being able to use their equipment because it was incompatible with their fire hydrants. MSUC (McCandliss/Scott) to receive a brief report from the Fire Department commenting on the lack of compatible equipment. This report is due in two weeks. g. Councilman Malcolm discussed the Country Club area sewer problem and asked that the item come back and notify the homeowners. City Manager Goss noted the City's commitment to pay its share. Director of Public Works Lippitt stated the Council approved hiring a consultant who will be investigating each and every home and finding out the cost involved in paying for the new sewer. This report will be forwarded to Council. h. Councilman Malcolm stated the hot and cold water faucets were not working in the gym and showers and asked that the staff look into this. i. MSC (Malcolm/Cox) with Councilman Scott voting "no" to bring back an appeal of the parking of the Surgical Center at Landis Street. j. Legislative Report by Councilman Malcolm2 MSUC (Malcolm/Cox) to support AB1551 (Bradley) which recommends funding for the Court improvements in San Diego County. k. Mayor Cox asked that Councilmembers notify the City Clerk for reservations to the League of California Cities dinner which will be held in La Mesa on July 25, 1985. ADJOURNMENT AT 7:00 p.m. to the Council Meeting of July 16, 1985 at7p.m. WPG:0605C PAG NOTE: THE COUNCIL MEETING OF JULY 9, 1985 HAS BEEN CANCELLED