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HomeMy WebLinkAboutcc min 1988/03/08 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, March 8, 1988 Council Chamber 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Councilman Nader, Councilman Malcolm /who arrived at 7:04 p.m.), Mayor Cox, Councilman Moore and Councilwoman McCandliss MEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, Assistant City Manager Asmus, Deputy City Manager Morris, City Attorney Harron PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES for the meeting of March 1, 1988. MSC ICox/Moore) to approve the minutes for the meeting of March l, 1988. ICouncilman Malcolm out) 2. SPECIAL ORDERS OF THE DAY Councilman Malcolm referred to the March 1 Council meeting discussion of the homeless issue and addressed a newspaper article in which he was incorrectly quoted. Councilman ~4alcolm read his exact words from the meeting of March 1 and the text of what was written by the reporter to confirm that he was incorrectly portrayed as being one who opposed sheltering the homeless. This was particularly disturbing to the Councilman who is a Board Member of the St. Vincent de Paul Center for the Homeless which additionally addresses health and welfare aspects. Councilman Malcolm suggested that, since newspapers have proven to be "absolutely unaccountable and do not care about integrity and honesty", perhaps they should have a Board of Ethics to which they report as ~s done in other professions. a. PRESENTATION - JOG-A-THON FOR THE HOMELESS - Councilman Malcolm Dr. Dennis Cooper, Chairman of the Congregation of Pilgrim Lutheran School, reported the congregational support of the work done by the St. Vincent de Paul Center for the Homeless. The month of March is Lutheran Education Month, the theme of which is "Reaching into the Community". On March 23 Father Joe Carroll will speak to the students of the Pilgrim Lutheran School on the plight of the homeless and on that same week the children from pre-school through the eighth grade will hold a Jog-A-Thon with proceeds going to the Homeless' Center. MINUTES - 2- March 8, 1988 CONSENT CALENDAR (Items 3a 8) Pulled Items: 3a, 3e, 4, 6a, 6b, 6c; and 8. BALANCE OF CONSENT CALENDAR OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the texts were waived by unanimous consent, passed and approved. (Councilman Malcolm out) 3. WRITTEN COMMUNICATIONS a. REQUEST FOR WAIVER OF CONDITIONAL USE PERMIT FEE Dave Krogh, CMC Pacific Cruisers Club, 3470 Glen Abbey Blvd., Chula Vista 92010 Pulled from Consent Agenda. b. URGING ADOPTION OF CLEAN INDOOR AIR REGULATIONS/LEGISLATION C. Everett Koop, M.D., Surgeon General, Department of Health & Human Services, Rockville, MD 20857 Council directed staff to acknowledge the letter and to advise the Surgeon General of the steps taken by the City to regulate smoking in the workplace. c. REQUEST FOR SUPPORT TO SUSPEND PLEA BARGAINING FOR ALL DRUG RELATED CRIMES - Congressman Jim Bates, House of Representatives, Washington, D.C. 20515 Council supported the request by Congressman Jim Bates and authorized the Mayor to write the District Attorney suggesting that he carefully evaluate Mr. Bates' proposal. d. REQUEST FOR SIDEWALK ON NORTH OR SOUTH SIDE OF "E" STREET BETWEEN CORTE MARIA AND FLOWER/BONITA ROAD K. Niek Slijk, 4450 Vista Nacion, Chula Vista 92010 Council directed staff to consider this request with the 1988-1989 Capital Improvement Budget. e. COMPLAINT REGARDING HORSES KEPT IN YARD NEXT TO WOODLAWN PARK CHURCH OF GOD -Frederick Drew, 1275 Banner Avenue, Chula Vista 92011 Pulled from the Consent Agenda. f. REQUEST TO CORRECT DRAINAGE AREA ON WEST BAY BOULEVARD NORTH OF PALOMAR STREET AND DRAINAGE CULVERT AT WEST END OF PALOMAR STREET Michael Collins, Property Manager, Bayside Business Park, 7830 Fay Avenue, Suite 105, San Diego 92037 Council directed staff to consider both requests with the 1988-89 Capital Improvement Budget and the Public Works Operations Budget; and to work with Metropolitan Transit Development Board to determine if an unused track structure might be the cause of some flooding problems. MINUTES - 3- March 8, 1988 g. CLAIMS AGAINST THE CITY - Claimant No. 1 -AN ALLEGED WRONGFUL SHOOTING INCIDENT on October 24, 1987. - Daniel Zamora, c/o James S. Ready, Jr., 2741 Vista Way, Suite 205, Oceanside. Council denied this claim. Claimant No. 2 ALLEGED LOSS OF VALUE AND USE OF PROPERTY, DEPRIVATION OF CIVIL RIGHTS AND PERSONAL INJURIES - Joe Raso, c/o Gerald M. Dawson, 7851 Mission Center Court, Suite 103, San Diego 92108. Council continued this claim to the meeting of April 12, 1988. 4. RESOLUTION APPROPRIATING $2,000 TO SUPPORT THE STATE AND LOCAL LEGAL CENTER (Continued from meeting of March l, 1988) (City Attorney) Pulled from the Consent Agenda. 5. RESOLUTION 13481 ACCEPTING PUBLIC IMPROVEMEHTS - CONSTRUCTION OF PARK IMPROVEMENTS AT HARBORSIDE ELEMENTARY SCHOOL IN THE CITY OF CHULA VISTA (Director of Public Works) A final inspection was made and both the City Engineer and Director of Parks & Recreation Department are satisfied with the work performed by the contractor, Sol-Pacific Landscape Construction, Inc. 6a. ORDINANCE AMENDING CHAPTER 2.28 OF THE CHULA VISTA MUNICIPAL CODE TO ADD A CODE OF ETHICS - FIRST READING (City Attorney) b. RESOLUTION APPROVING A MANUAL OF THE CODE OF ETHICS c. ORDINANCE AMENDING CHAPTER 2.28 OF THE CHULA VISTA MUNICIPAL CODE REGARDING FUNCTIONS AND DUTIES OF THE BOARD OF ETHICS - FIRST READING Councilwoman McCandliss referred to the submittal of a Manual for the Code of Ethics by the Board which she felt warranted discussion. MSUC (McCandliss/Moore) to schedule 6a. 6b, and 6c for discussion at a Council Conference. 7. ORDINANCE 2256 ADDING CHAPTER 5.35 AND AMENDING SECTIONS 5.36.030 AND 5.36.330 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO BATHHOUSES FIRST READING (City Attorney) The ordinance regulates the conditions under which bathhouses could exist in the City of Chula Vista and is substantially identical to that adopted by the County of San Diego. The County requested incorporated cities to adopt an ordinance to more effectively enforce regulations in the County which would inhibit the spread of Aids. MINUTES 4- March 8, 1988 8. REPORT ON GRADING AT 881 FIRST AVENUE (Director of Public Works) Pulled from the Consent Agenda. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 9. PUBLIC HEARING CONSIDERING COASTAL DEVELOPMENT PERMIT APPLICATION #17 FOR BAY BOULEVARD STREET IMPROVEMENTS BETWEEN "F" AND "J" STREET (Community Development Director) RESOLUTION 13482 AUTHORIZING THE ISSUANCE OF COASTAL DEVELOPMENT PERMIT #17 FOR MINOR PUBLIC IMPROVEMENTS IN BAY BOULEVARD FROM "F" STREET TO "J" STREET This being the time and place as advertised, Mayor Cox declared the public hearing open. Director of Community Development Desrochers reported the project consists of street improvements within the Bay Boulevard public right-of-way and will entail infilling existing curb, gutter, and sidewalk between "F" Street and "J" Street. As conditions of approval, trenching shall be limited to the months from April 1 through October 30, and all construction shall comply with all coastal zone requirements and standard conditions of approval contained in the Certified LCP and Coastal Development Procedural Manual. There being no others to speak for or against this item, the public hearing was closed. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. lO. PUBLIC HEARING ON PROPOSED REDUCED RATE SEWER SERVICE CHARGE FOR LOW INCOME HOUSEHOLDS (Director of Public Works) ORDINANCE ADDING SECTION 3.20.022 TO CHAPTER 3.20 SEWER REVENUE FUND TO PERMIT THE REDUCED SEWER SERVICE CHARGE RESOLUTION MODIFYING THE MASTER FEE SCHEDULE RELATIVE TO THE REDUCED SEWER SERVICE CHARGE FOR LOW INCOME HOUSEHOLDS This being the time and place as advertised, Mayor Cox declared the public hearing open. MINUTES 5- March 8, 1988 Councilman Malcolm reported on a meeting attended by himself and Councilman Nader with the Sweetwater Authority Water District, at which a commitment was made to distribute to them copies of staff reports for their review. This distribution has not occurred to date. MOTION MS (Malcolm/McCandliss) to continue the item for two weeks. Councilman Nader confirmed the commitment made to the Sweetwater Authority and Council's previous discussion for an optional rate tied to water usage rather than a flat amount. AMENDMENT TO THE MOTION MSUC (Nader/Malcolm) to direct staff to include an alternate resolution that would allow Council to adopt a life-line fee keyed to the amount of water usage. VOTE ON THE MOTION AND AMENDMENT MOTION CARRIED, ALL VOTING AYE. ll. PUBLIC HEARING PCC-88-15M: APPEAL OF PLANNING COMMISSION APPROVAL OF A REQUEST FOR A LARGE FAMILY DAYCARE CENTER AT 431 ARIZONA STREET - JANINE RANDOLPH IDirector of Planning) a. URGENCY ORDINANCE ESTABLISHING A REQUIREMENT FOR LARGE FAMILY DAYCARE HOMES TO HAVE AT LEAST TWO MEANS OF PUBLIC STREET ACCESS FIRST READING & ADOPTION b. RESOLUTION DENYING ADMINISTRATIVE PERMIT PCC 88-15M TO ESTABLISH A LARGE FAMILY DAYCARE HOME AT 431 ARIZONA STREET This being the time and place as advertised, Mayor Cox declared the public hearing open. Director of Planning Krempl reported on this appeal and noted the options for denial or approval. The City is working under the County Zoning Ordinance under which the daycare center is in compliance although that ordinance does not list traffic as a criteria. The wording of the proposed ordinance addresses the positioning of the residence for such use to be located on a street with two means of access. Equity of treatment was addressed by Director Krempl by the applicant's complaint. He stated staff is unaware of other large family daycare homes in the City operating without licenses and unlicensed home occupations reported to be located on Arizona Street. Both allegations will be investigated by staff. MINUTES - 6- March 8, 1988 Councilman Nader commented on the approval by the Planning Commission and Director Krempl reported that the decision was clear that approval would have been granted even if the traffic was a consideration. Councilman Malcolm confirmed the opinion of the City Attorney that, unless Council adopts the urgency ordinance, traffic should not be a consideration but that the evidence presented to Council will dictate whether or not the urgency for the ordinance exists. Donald Engler, 438 Arizona Street, 92010, supported adoption of the urgency ordinance based on the possibility that this concern could reoccur throughout the City. Mr. Engler confirmed that the traffic generated by dropping off and picking up the children daily occurs sporadically. Michael Dullea, 3420 Winnetka Drive, 92002, and owner of 432 Arizona Street, reported concerns when the Randolphs moved in and inquiries made relative to the proposed business. Mr. Dullea reported the neighbors' concerns to be centered only on traffic burden for the cul-de-sac and not in opposition to daycare. Recognizin9 that both speakers had represented others who had come to the the meeting, Mayor Cox asked those in support of the urgency ordinance and denial of the administrative permit to stand and be counted (9); and those in support of the Planning Commission's approval to stand and be counted (approximately 40). Bernadette E. Probus, Attorney for Janine Randolph, 3868 Caminito de Tatan, San Diego 92111, and a representative for the Family Daycare Association, restated points made in her letter of February 26 to Councilmembers and that to change the rules at this point is fundamentally unfair. Ms. Probus additionally offered that a daycare home setting is more unsafe on a street with two entrances, confirmed that there are 24 large family licensed facilities registered as being within the City of Chula Vista's three zip codes, and also discussed the possiblity of mitigating the traffic by carpooling las has been worked out in other cities) or by requiring the parent to walk to the home from a car parked on the corner. ~ob Fox, 1466 Lilac Avenue, 92011, reported his understanding that Chapter 1162 of the Health and Safety Code Section 1597.501 states no Conditional Use Permit may ~e required until 1989. Mr. Fox also stated that no problems of traffic were found by the Planning Commissioners who visited the area during peak periods and challenged Council to define the actual traffic problem in the area where no standards now exist. MINUTES - 7- March 8, 1988 Janine Randolph, 431 Arizona Street, applicant, clarified her services as a provider of care, licensed for 7 to 12 children, meeting the total needs of the child, physically, socially and emotionally in a structured environment and in a family atmosphere. Mrs. Randolph offered this description to allay the fears of neighbors relative to what is actually happening and how it fits into the community. Jon Randolph, 431 Arizona Street, presented the family's experience in daycare operation and the steadying influence his family will bring to the neighborhood. Mr. Randolph also stressed that the City's proposed "2000 Plan" must address these needs of children for the future and requested no restrictions by the City on this already regulated service. Richard Kates, 4104 La Portalada Drive, Carlsbad, spoke as a friend and co-worker as a family daycare operator on a cul-de-sac and commented on the same process in the City of Carlsbad. Mr. Kates, who is also a traffic manager, stated his opinion that the traffic volumes in this situation is miniscule and has no basis for concern, urging Council to approve the administrative permit and to oppose the urgency ordinance. Mary McGraw, 1816 Gothan Street, 92010, Education Director of Child Development Associates, reported on her unannounced visits to this home at all hours of the day and the serene atmosphere on the street. Mr. McGraw stated that, in this time of crises for childrens' needs to a person with an exemplary record is unfair in view of the "ludicrous" attempt to find a traffic problem. Mrs. Mary Lee Bartlow, 498 Elm Avenue, Imperial Beach, a daycare provider in Imperial Beach, stated her agreement with the previous speaker and offered her support to all those in businesses and especially to those who are serving this dire need. Colleen Chaffee, 41 Kingswood Drive, 92011, termed the claims of traffic as "absurd", agreed that ti~e n~!~Uhl~l>rs do not understand exactly what services are offered and worry for the value of their homes. Rebecca Thomson, 3665 Gatty, San Diego CA 92154, a daycare provider, confirmed that the business of a provider is very closely regulated and the disruption of the neighborhood is also looked at. Sharon M. Newbery, 4080 Debbyann Place, 92154 addressed the traffic concerns stated as well as reminded that those who are driving small children to a daycare center are not speeding with their "precious cargo". Betty Beard, 21 Date Avenue, 92010, one who takes her grandchild to the Randolph Daycare, attested to the care and love provided in the home; and urged Council to not deny the administrative permit. MINUTES 8- March 8, 1988 There being no others to speak for or against this issue, the public hearing was closed. Mayor Cox addressed the issues now at hand - support of the R-1 neighborhood, licensing of a daycare home presently regulated by the County and the traffic concern. Mayor Cox stated his preference to refer the ordinance to the Montgomery Planning Group and to the Plan,ling Commission to ask for their review and comment before processing since, in his opinion, the traffic concern is not significant enough to deny the application. Councilwoman McCandliss agreed this is an appropriate place for a large family daycare home to serve the need for infant care and reported that, after sitting at the end of the cul-del-sac today witnessing the situation for herself, it was evident a cul-de-sac had protective advantages. The Councilwoman agreed traffic issues should be a consideration for future placement of daycare homes. Councilman Nader urged that staff should act expeditiously to amend the ordinance which will give Council the ability to grant or deny permits for the possible 24 other facilities that may come forward. MOTION MSUC (Nader/Malcolm) to refer the urgency ordinance back to staff and appropriate committees to redraft and to simply add traffic as a consideration to grant or deny a permit for a large family daycare home. Mayor Cox clarified lthe appropriate committees to be the Montgomery Planning Group and the Planning Commission. Councilman Malcolm, who had asked to appeal the Planning Commission approval of this request stated he does not believe the traffic is significant enough to deny the permit for this particular location. MOTION MSUC (Malcolm/McCandliss) to deny the appeal of the Planning Commission Approval. At 9:25 p.m., Council recessed and reconvened at 9:35 p.m. Councilman Malcolm left the meeting at this time. 12. ORAL COMMUNICATIONS Lynn Pankhurst, 171 Palomar, referred to a "derogatory" article in the San Diego Union-Tribune relative to the Montgomery area. Mrs. Pankhurst questioned Council as to when a traffic light will be installed at Palomar and Second Street and reported two recent serious accidents at the site. Mayor Cox explained the number of traffic signals that are either in place, under construction or planned, and that the one questioned is scheduled for design in April with installation scheduled to started September. MINUTES 9- March 8, 1988 MOTIO~ MSC (McCandliss/Nader) to refer to staff the issue of the two accidents to review the circumstances to see if they could have been avoided. (Councilman Nalcolm out) PULLED ITEMS 3a. REQUEST FOR WAIVER OF CONDITIONAL USE PERMIT FEE Dave Krogh, CMC Pacific Cruisers Club, 3470 Glen Abbey Blvd., Chula Vista 92010 MOTION MSC (Cox/Moore) to waive the fee for the Conditional Use Permit. (Councilman Malcolm out) Staff recommends that Council consider waiving this fee for the erection of a large tent at the Kampgrounds of America facility on Second Avenue to accommodate the social activities and meetings of the "GMC Western States" in conjunction with the Family Motor Coach Association's winter convention to be held at the D~l Mar Fairgrounds on March 25-27, 1988. 3e. COMPLAINT REGARDING HORSES KEPT IN YARD NEXT TO WOODLAWN PARK CHURCH OF GOD -Frederick Drew, 1275 Banner Avenue, Chula Vista 92011 Reverend W. J. Clewis, 5488 Olvera Avenue, 92114, of Woodlawn Park Church of God in Christ, urged Council to have the horses removed from the adjoining property stating they were not contained properly since the fence is broken, have a bad odor, leave the street in an unkempt fashion and endanger people. Reverend Clewis also reported that the property has been surveyed and 30' of th~ property was awarded to the Church in February 1988. MOTION MS (Cox/McCandliss) to refer to staff the concerns raised by Reverend Clewis concerning whether the fence has or has not been repaired and, secondly, as a result of the survey whether it has any impact on the ability of the adjoining property owner to keep horses on the property. ADDITION TO THE MOTION MS (McCandliss/Cox) to include in the referral back to Council whatever form or code allows the horses to be there at all. VOTE ON THE MOTION AND ADDITION MOTION CARRIED. ICounc~lman Malcolm out) 4. RESOLUTION APPROPRIATING $2,000 TO SUPPORT THE STATE AND LOCAL LEGAL CENTER (Continued from meeting of March 1, 1988) (City Attorney) Councilwoman ~cCandliss reported the request for additonal information was not forthcoming from staff: Council should be advised what is done by the Center, where they are located, the size of their budget and the type of issues addressed. The City Attorney reported his call to the League of California Cities was not returned in time for a report at this meeting. MINUTES - lO- March 8, 1988 MOTION M ~McCandliss) to file the request until Council has additional information. SUBSTITUTE MOTION MS (Cox/Moore) to continue for two weeks. SUBSTITUTE MOTION MSC (Nader/Cox) to continue until the City Attorney can bring forward the information from the League of California Cities. (Councilman Moore voted no; Councilman Malcolm out) 8. REPORT ON GRADING AT 881 FIRST AVENUE (Director of Public Works) Deputy Director of Public Works/City Engineer Garibay reported he talked with the owner, Virgil Jenkins, and that the grading has been more of a clearing operation of vegetation. Mr. Jenkins was informed of the City's requirements of the grading ordinance and permits if, as he suggested, he decides to construct a garage or swimming pool. In 1984 a previous owner applied for a tentative parcel map, which was approved but it expired in 1987 when the applicant did not pursue. Further, Mr. Jenkins reported he was allowed access to the northern property by that owner and Mr. Jenkins relocated a block wall (a private matter). Oeputy Director Garibay suggested Council direct a letter be sent to Mr. Jenkins to remind him of the grading ordinance and the required building permit should he build any major structure. Irene Bushong, 856 Country Club Drive, 92011, questioned whether City staff should be notified when an easement is established and explained the neighbors' concerns center on whether or not Mr. Jenkins is trying to build on this lot, as will other residents if this is allowed. MOTION MSC (Nader/Cox) to accept the oral report and to direct staff to send a letter to Mr. Jenkins outlining the procedures for grading. (Councilman Malcolm out) John McCullough, Country Club Drive, suggested that Council block off the alley. 13. REPORT OF THE CITY MANAGER None 14. MAYOR'S REPORT a. Installation of public address system of a cassette recorder in NIC buses a suggestion was made to install the system in the buses to allow a pregrammed message to be played giving a history of the area in which the bus traverses to prepare and inform passengers for w~lat is offered at the Nature Interpretive Center. MINUTES - ll- March 8, 1988 MOTION MSC (Cox/Moore) to direct staff to investigate the cost of installation associated with installing a public address system and cassette recorder in the Nature Interpretive Center buses. (Councilman Malcolm out) 15. COUNCIL COMMENTS COUNCILMAN NADER: a. AB 1836 IStirling) amending language related to evasion of pursuit by police officers Councilman Nader referred to a past motion which asked for legislation giving immunity to cities for civil suits oF people who brought on their own injuries in the process of trying to avoid police pursuits. MOTION MSC (Cox/Nader) to refer this item to the City's Legislative Committee to consider whether Council should write Assemblyman Stirling to ask if he would amend his existing bill to include for a p.blic age.cy in this type of sit.atio. i.volving evasion of a police pursuit or whether, alternatively, the Council should seek introduction of a separate bill. ICouncilman Malcolm out) COUNCILMAN MOORE: b. San Diego Association of Government Draft for Regional Growth Management for water sewage, solid waste, capacity air quality, transportation systems and energy was received and it was suggested a workshop be scheduled to evaluate in depth. c. An area of concern is the site distance from the condominiums immediately south of the new North Second Avenue bridge - not preferable since it was moved quite a distance to the west of the older bridge, and suggests staff to review to deter future accidents. d. Advertising Space inside the City buses was previously discussed - the use would be to the City's advantage and the need to pursue exists. COUNCILMAN MALCOLM: Legislative Report b. ACA 53 (McClintock) State mandated local programs SCA 36/SB 1713 (L. Greene) School facilities funding MOTION MSC FCox/Nader) to oppose both ACA 53 (McClintock) and SCA 36 (which is tied in with SB 1713) (L. Greene). (Councilman Malcolm out) MINUTES ~ 12- March 8, 1988 MOTION MSC ~'Nader/Moore) to request a brief closed session to discuss potential litigation. (Councilman Macolm out) ADJOURNMENT AT 10:22 p.m. to meet in closed session. The City Clerk was excused and the City Manager reported the session ended at 10:28 p.m. ADJOURNMENT AT 10:28 p.m. to the meeting of March 15, 1988 at 7 p.m. Jennie M. Fulasz, CMC CITY CLERK ~an"Fortune, CMC DEPUTY CITY CLERK 1182C