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HomeMy WebLinkAboutcc min 1987/09/08 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, September 8, 1987 Council Chamber 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor Cox, Councilmembers Nader, Moore, McCandliss, and Malcolm MEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, Assistant City Manager Asmus; Assistant City Attorney Rudolph 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 MSUC (Moore/Malcolm) to approve Minutes for the meeting of September 1, 1987. 2. SPECIAL ORDERS OF THE DAY a. PROCLAMATION - PROCLAIMING SEPTEMBER 17, 1987 AS "UNITED STATES CONSTITUTION DAY" Charles Grubbs accepted this proclamation with thanks on behalf of #2011 Elks, which was read by Mayor Cox, and presented by Mayor pro Tempore Moore. b. OATHS OF OFFICE TO NEWLY APPOINTED COMMISSIONERS Mayor Cox announced the appointments, Mayor pro Tempore Moore presented the Certificates of Appointment, and the Deputy City Clerk administered the oaths. Commission on Aging Linda Gilstrap, Gregory Hitchcock Human Relations Commission Harry Y. Hashimoto, Patrick Howell Board of Appeals Myrl McArthur Resource Conservation Wilbur Young, Charles Wendorf International Friendship Teresa Ann Thomas Human Relations Commissioner Patrick Howell~ and Resource Conservation Commissioner Charles Wendorf both took the Oath of Office and received their certificates in the office of the Deputy City Clerk. Mayor Cox announced the Commissioners first assignment would be to attend the Boards and Commissioners' Workshop scheduled for October 22, 1987. MINUTES - 2 - September 8, 1987 CONSENT CALENDAR (3a - 16) MSUC (McCandliss/Nader) to add item 22c to the Consent Calendar and to continue this resolution for one week. Council Malcolm referred to item 3b, stating he looked at the property in question and advocated a change in the recommendation to direct staff to meet with Great American to request their cooperation with the property owners. City Manager Goss agreed to this change in staff's recommendation. Council Malcolm asked that item 9 be continued for one week to assure that the Bonita Association have received copies of all reports relative to State Route 125 before the Council considers the issue. CONSENT CALENDAR WAS OFFERED BY MAYOR COX, with the exception of items 9, 12, 13, and 15. The headings of the remaining items on the consent calendar were read, passed and approved unanimously. 3. WRITTEN COMMUNICATIONS a. REQUEST TO RESOLVE DRAINAGE ISSUE - Vincent De Lucia, 1930 Granger Avenue, National City 92050 Council directed staff to investigate and, if necessary, to report back. b. REQUEST TO INTERVENE IN DISPUTE WITH GREAT AMERICAN DEVELOPMENT - Mr. & Mrs. Frederick Adams, 601 Hampshire Lane, Chula Vista 92011 Council directed staff to meet with Great American to request their cooperation with the property owners and to report back. c. REQUEST FOR SPONSORSHIP TO JUNIOR MISS STATE PAGEANT - Amanda Miller, 46 Alvarado Place, Chula Vista, CA 92010 Council approved sponsorship of Amanda Miller to the Pageant, and authorized the expenditure of $100 from the Contingency Reserve. d. REQUEST FOR RESPONSE TO CONCERNS REGARDING GENERAL PLAN - Hubert Christensen, 376 Center St. #350, Chula Vista 92010 Council directed Planning staff, the Planning Commission and the Planning Consultants evaluate the questions raised as they relate to Central Chula Vista's future and the General Plan update; and , after input from PRC Engineering, to respond to the letter. e. REQUEST TO CONSIDER VARIANCE TO ORDINANCE LIMITING NUMBER OF ANIMALS PER HOUSEHOLD - Patricia Bodi, 203 Sandstone Court, Chula Vista 92011 MINUTES - 3 - September 8, 1987 Council did not grant a variance request but did direct staff to evaluate whether or not a Municipal Code amendment might offer flexibility in terms of the number of animals maintained in a residential area and that enforcement action against Ms. Bodi be held in abeyance until the evaluation process is complete. 4a. RESOLUTION 13234 APPROVING AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL CITY FOR FIRE DISPATCHING SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT b. RESOLUTION 13235 APPROVING AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF IMPERIAL BEACH FOR FIRE DISPATCHING SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT The resolutions reflect the revised annual fees for those agencies that are receiving fire dispatch services. 5. RESOLUTION 13236 APPROVING RATE INCREASE FOR POLICE REQUESTED TOWING Previous rate structure was approved in May 1984. 6. RESOLUTION 13237 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO RELATING TO THE DESIGNATION OF CHULA VISTA HARBOR AS THE SOUTHERN HOME PORT OF THE TALL SHIP CALIFORNIAN The County's allocation of $6,500 will go toward the City's requirement to make a $25,000 per year grant to the ship's organization. 7. RESOLUTION 13238 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHAMBER OF COMMERCE FOR PROVIDING GENERAL INFORMATION SERVICES Approval was based on the Chamber's analysis that the City at large and the business community as a whole benefit from these information services. 8. RESOLUTION 13239 ADOPTING THE RECORD OF DECISION AND THE SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT FOR THE TELEGRAPH CANYON FLOOD CONTROL PROJECT The City can request release of $1,184,000 in CDBG funds to be applied to the Telegraph Canyon Flood Control Project. MINUTES - 4 - September 8, 1987 9. RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING FOR THE LOCATION OF STATE HIGHWAY ROUTE 125 BETWEEN THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION (CALTRANS), THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG), THE COUNTY OF SAN DIEGO, THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA Pulled from the Consent Agenda. 10. RESOLUTION 13240 ACCEPTING PUBLIC IMPROVEMENTS PLACEMENT OF CHIP SEAL (1987-88 PROGRAM) ON VARIOUS STREETS IN THE CITY OF CHULA VISTA In addition to the construction cost, the City will maintain the streets. 11. RESOLUTION 13241 ACCEPTING BIDS AND AWARDING CONTRACT FOR MODIFICATION OF EAST "H" STREET CENTERLINE MEDIAN AT AUBURN AVENUE IN THE CITY OF CHULA VISTA The contract was awarded to O & B Matthews Construction Inc., San Diego (low bidder) in the amount of $56,552.50. 12. REPORT VARIANCE ZAV-88-2: REQUEST TO RETAIN EXISTING LOT COVERAGE OF 46.2% AT 165 MURRAY STREET - J. ANTHONY RASO RESOLUTION APPROVING VARIANCE ZAV-88-2 TO RETAIN EXISTING LOT COVERAGE OF 46.2% AT 165 MURRAY STREET - J. ANTHONY RASO Pulled from the Consent Agenda. 13. REPORT ON EAST "J" STREET MEDIAN ISLAND RENOVATION BETWEEN LORI LANE AND CASSIA PLACE a. RESOLUTION ADOPTING THE PROPOSED BOUNDARY MAP FOR EAST "J" STREET MEDIAN MAINTENANCE DISTRICT NO. 87-2, CITY OF CHULA VISTA, CALIFORNIA b. RESOLUTION APPROVING THE INITIATION OF PROCEEDINGS, DESCRIBING IMPROVEMENTS, AND DIRECTING THE CITY ENGINEER TO FILE A "REPORT" Pulled from the Consent Agenda. MINUTES - 5 - September 8, 1987 14. REPORT LETTER FROM R.C. FLAUGHER REGARDING LLOYD'S TRAILER PARK Staff investigated the concerns of the letter writer, resulting in the Trailer Park's rescinding an additional rent charge for households of more than three, and a determination that mediation would be allowed under Chapter 9.50 on a second concern. An additional matter of deposits are a civil matter under State law. 15. REPORT TRAILER FOR CITY USE AT PARADES AND SPECIAL SERVICES RESOLUTION APPROPRIATING FUNDS FOR THE PURCHASE OF TRAILER TO BE USED FOR SPECIAL EVENTS Pulled from the Consent Agenda. 16. REPORT CONSIDERATION OF VARIOUS SITES FOR DESIGNATION AS HISTORICAL SITES Staff clarified the two levels of designation one being the recognition of the property with no control over building sites; and the second level designation includes building permit control and with Resource Commission review of the property. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 17. PUBLIC HEARING PROPOSED CABLE TV FRANCHISE FOR ULTRONICS, INC. ORDINANCE 2230 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FRANCHISE AGREEMENT WITH ULTRONICS, INC. GRANTING TO ULTRONICS THE NON-EXCLUSIVE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE LINES, WIRES, COAXIAL CABLE AND APPURTENANCES FOR TRANSMITTING, DISTRIBUTING AND SUPPLYING CABLE TELEVISION SERVICE ALONG, ACROSS AND UPON THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF CHULA VISTA - FIRST READING This being the time and place as advertised, Mayor Cox declared the public hearing open. Martin Altbaum, representing Ultonics Inc., requested approval by Council. There being no others to speak for or against this item, the public hearing was closed. MINUTES - 6 - September 8, 1987 RESOLUTION OFFERED BY COUNCILMAN NADER, the reading of the text was waived by unanimous consent, passed and approved. (Councilman Malcolm abstained because of absence from the previous discussion.) 18. PUBLIC HEARING CONSIDERATION OF AMENDMENT #3 TO THE CERTIFIED CHULA VISTA LOCAL COASTAL PROGRAM a. RESOLUTION 13242 APPROVING AMENDMENT NO. 3 TO THE CERTIFIED CHULA VISTA LOCAL COASTAL PROGRAM AND AUTHORIZING SUBMITTAL OF SAID AMENDMENT TO THE CALIFORNIA COASTAL COMMISSION b. ORDINANCE 2231 AMENDING SECTION 19.87.07 OF THE CHULA VISTA BAYFRONT SPECIFIC PLAN - FIRST READING This being the time and place as advertised, Mayor Cox declared the public hearing open. Director of Community Development Desrochers stated the Bayfront Specific Plan prohibits grading between November and April to the inland parcel east of Broadway. The proposed ordinance modifies the Plan to allow grading a parcel in the corner which is within the City of Chula Vista (and outside State jurisdiction); and the second amendment provides for an interim off ramp solution at Bay Boulevard and E Street. Councilmembers discussed the grading effects, the stringent provisions to not allow run-off into the marshes to affect the wetlands and whether the environmental review must be concluded before any action is taken. Councilmember Malcolm addressed the fact that he will abstain from this and any other discussions regarding the bayfront until the Board of Ethics concludes its investigations into possible conflict of interest allegations. There being no one to speak for or against this item, the public hearing was closed. RESOLUTION (a) AND ORDINANCE (b) OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved. (Councilman Malcolm abstained.) MSC (Cox/Moore) to direct staff to develop a map identifying those parcels on the Chula Vista Bayfront which do not drain directly into the wetlands and could also be considered as an exemption to the November 1 to April 1 prohibition on grading. (Councilman Malcolm abstained.) MINU.TES 7 September 8, 1987 19. PUBLIC HEARING CONSIDERING APPROVAL OF COASTAL DEVELOPMENT PERMIT #0~6 FOR THE DEMOLITION OF STRUCTURES AT 350-368 BAY BOULEVARD RESOLUTION 13243 AUTHORIZING THE ISSUANCE OF COASTAL DEVELOPMENT PERMIT NO. 026 FOR THE DEMOLITION OF STRUCTURES AT 350-368 BAY BOULEVARD This being the time and place as advertised, Mayor Cox declared the public hearing open. There being no staff comments, nor anyone from the public to speak for or against the item, the public hearing was closed. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved. (Councilman Nader out, Councilman Malcolm abstained.) 20. ORAL COMMUNICATIONS None PULLED ITEMS 9. RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING FOR THE LOCATION OF STATE HIGHWAY ROUTE 125 BETWEEN THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION (CALTRANS), THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG), THE COUNTY OF SAN DIEGO, THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA MSUC (McCandliss/Nader) that this item be continued one week to allow the Bonita and Sweetwater Valley Planning Groups time to review and report back. 12. REPORT VARIANCE ZAV-88-2: REQUEST TO RETAIN EXISTING LOT COVERAGE OF 46.2% AT 165 MURRAY STREET - J. ANTHONY RASO RESOLUTION 13244 APPROVING VARIANCE ZAV-88-2 TO RETAIN EXISTING LOT COVERAGE OF 46.2% AT 165 MURRAY STREET - J. ANTHONY RASO Director of Planning Krempl advised Council that the meeting of neighbors in this area with Mr. Raso did take place, and presented sketches relative to the lowering of the roof of the home which would cost in the range of $20,000. Daniel Wall, 156 Halsey Street, neighbor, reported on the results of the meeting and the request that Mr. Raso plant cypress trees to cover the width of the property to break up the bulk of the house, and to allow privacy for neighbors; that a guarantee be given that the access to the deck not be allowed to future owners. It was explained to Mr. Wall that conditions of a variance, are transferred with the property to future owners. MINUTES 8 September 8, 1987 Helen T. Wadsworth, 175 Murray Street, stated opposition to the variance with its ramifications and cost to the taxpayers. Marion Truesdale, 158 Murray Street, stated consensus of desired changes requested by those on Murray Street to include lowering of the roof to 30' with the pitch retained; the third floor attic be eliminated Ms. Truesdale referred to her letter to Mr. Krempl dated September 2, 1986 which addressed the same subjects being discussed today. Bess Pocklinson, 656 Glover Place, questioned the background for staff's findings contained in the proposed variance and procedure followed by staff and council in this instance. Harlan Osborn, 603 East J Street, alleged preferential treatment and staff explained that off street parking is allowed in the driveway, as allowed at the time. Mr. Raso was called to the podium to answer questions by Council and stated his house no longer looks like what he had envisioned when he started. Councilman Malcolm referred to a possibility of the City of Chula Vista sharing in the cost of bringing the house into conformance because of alleged possible mistakes by the City, which action is viewed by the Councilman as a saving of funds for the City by avoiding a possible suit. M (Malcolm) to approve the variance subject to the items requested and with approval to pick up a small cost for the neighbors in the area. Mr. Raso stated his opposition to the planting of cypress trees as requested by the neighbors. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent. MSUC (Cox/Moore) to amend the variance by adding an additional condition to require, as a condition of approval of the variance that the applicant agree to provide an adequate landscaping buffer on the back portion of his home subject to review by the landscape architect and the City of Chula Vista. Councilman Nader returned to Councilman Malcolm's suggestion of appropriating money to share in the cost, which subject was addressed by the City Attorney who stated that (1) on the basis of the record there has been no indication of wrong-doing on the part of the City of Chula Vista; (2) if there was any wrong-doing, the City is very likely and most probably subject to some immunity in which the City has no liability. In the absence of any wrong-doing and/or liability, there is no legal authority for the City to come forth with any money to solve a citizen's project for his house. MINUTES - 9 September 8, 1987 MS (McCandliss/Malcolm) to further condition the variance upon the requirement to lower the roof to 30'. Mayor Cox stated his view that this latter condition is counter productive; and, at the request of Mr. Raso, the sketch of the home as it would look if the roof was lowered was shown to Council. Mr. Raso pointed out that this is exactly the same sketch as was originally presented to the Design Review Board which was not acceptable to the Board. M (Nader) to add potential litigation on this subject to the closed session scheduled at the end of this meeting. (Motion died for lack of a second) Councilman Malcolm again reminded that, if the applicant cut a hole over the pool, he would be in no violation of the lot coverage, and thay by sharing in the costs, this option would possibly be avoided. AMENDMENT TO THE MOTION MS (Malcolm/Nader) to include that staff get together with Mr. Raso to come up with a dollar amount as an agreed upon settlement if this is undertaken and an agreement to Hold Harmless signed off by both Mr. Raso and the neighbors to avoid potential litigation. Councilmember McCandliss stated last week Councilmembers were prepared to vote against the variance because of "rules". Lowering the roof would bring this in closer conformance with our rules, and to open the roof would bring the home into closer conformance with our rules. Any decision must meet the needs of the neighborhood, needs of the individual~ and the need for Council to be loyal to the rules and regulations. Councilwoman McCandliss stated a discussion of who is going to pay for it should not be an issue. Councilman Malcolm withdrew his Amended Motion. Mayor Cox questioned Mr. Raso whether he would abide by the variance as now approved. His answer was "I wish I could; no, I can't". MS (Nader/McCandliss) to add a tour of this house on to the Council Tour scheduled for Saturday, September 14, and to postpone consideration of the variance for one week. This motion was withdrawn after an explanation by the City Attorney that the tour of the home would constitute gathering of facts by Council which must be noticed publicly for 10 days in advance. Staff stated a reasonable time to conclude the lowering of the roof would be at least 45 days. MINUTES - 10 - September 8, 1987 MOTION RESTATED MSC (McCandliss/Malcolm) to further amend the variance with the requirement to lower the roof to 30'. (Mayor Cox voted no.) The Resolution, previously offered, approving the variance as amended, was called for the question and carried. (Mayor Cox voted no.) t 13. REPORT -~ ON EAST "J" STREET MEDIAN ISLAND RENOVATION ; '.~i BETWEEN LORI LANE AND CASSIA PLACE a. RESOLUTI N ~ - ADOPTING THE PROPOSED BOUNDARY MAP FOR EAST i~i~, ~- "J" STREET MEDIAN MAINTENANCE DISTRICT NO. t [ 87-2, CITY OF CHULA VISTA, CALIFORNIA b. RESOLUTION { -~A THE INITIATION OF PROCEEDINGS, · ~ PPROVING ~,~.,.i~ DESCRIBING IMPROVEMENTS, AND DIRECTING THE Director o u ic Works Lippitt explained that in the early 1970's, Council approved a median island on East "J" Street which has now deteriorated to a point where there is no ground cover at all. Money has been appropriated to install and upgrade the median island and staff recommends that this be done provided the property owners agree to the formation of an assessment district for the purpose of maintaining the landscaping. Staff presented slides to show the alternate ways to landscape. Harlan Osborne, 603 East J Street, stated concern that this median island never be removed because of the present traffic in the area. John Vanderslice, 605 East J Street, spoke in favor of the landscape project, opposition to alternate 2, and requested Council to consider alternate 1 without the assessment district based upon the history of this project. Viola Batley, 611 East J Street, Julia Schultz, 613 East J Street, and Susi Massis, 546 East J Street, all spoke in opposition to the assessment district, expressed concerns that this median island be retained because of the traffic in this area, stated preference for alternate 3, and stated their concerns for the safety of the children crossing in this area. Herb Hirsch, of Bonita who owns property on J Street, presented a statement read by Mayor Cox, that his preference would be to follow the plan used in Coronado's median for grass, trees or flat ground cover. MSUC (Nader/McCandliss) to restore the median to what it was previously as in alternate 3, with specific direction to staff that the Police Department be consulted in regard to the safety of the school children, and before the landscaping is done that an eye be kept toward using our native and drought resistant plants to minimize irrigation and water costs. Staff stated it understands the motion to be direction to establish alternatives to satisfy the neighbors, by putting in low growing ground cover and possibly a few tree, and to come back to Council with a report before planting. MINUTES - 11 September 8, 1987 15. REPORT TRAILER FOR CITY USE AT PARADES AND SPECIAL SERVICES RESOLUTION 13245 APPROPRIATING FUNDS FOR THE PURCHASE OF TRAILER TO BE USED FOR SPECIAL EVENTS Councilman Nader questioned how the City has previously used the antique fire engine for parades and Councilman Moore presented the reasons for this appropriation, and the many uses to which the trailer could be put by all departments of the City. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved. (Councilwoman McCandliss and Councilman Malcolm out.) 21. REPORT OF THE CITY MANAGER a. The Council tour on Saturday was confirmed. b. Financial assistance was confirmed by an appropriation to the Adult Literacy Team at the Library. c. Letter of appreciation from the Parkview Little League to Park and Recreation Department employees. Before filing in the respective personnel files, City Manager Goss circulated the letter to encourage similar cooperation by employees. 22. MAYOR'S REPORT a. The Annual Meeting of the League of California Cities will be held in San Francisco during the week of October 4, 1987. MSC (Nader/Cox) to cancel the City Council Regular Meeting for October 6, 1987. (Councilmembers Malcolm and McCandliss out) b. Historical Sites: Designation of Southwood Psychiatric Center, 950 Third Avenue, Chula Vista MSUC (Cox/Nader) to refer the possible designation of the Southwood Psychiatric Center as an historical site to the Resource Conservation Commission for review. c. RESOLUTION EXPRESSING OPPOSITION TO POUND SEIZURES IN THE COUNTY OF SAN DIEGO AND STRONGLY URGING THE BOARD OF SUPERVISORS TO DISCONTINUE THIS PRACTICE IMMEDIATELY Added to the Consent Calendar and continued to the meeting of September 15, 1987. MINUTES - 12 September 8, 1987 31. COUNCIL COMMENTS COUNCILMAN NADER: a. Staff reported on the Councilman's question referencing the odor detected at the RV Marina Park and that this was referred to the Port District for correction. COUNCILMAN MALCOLM: a. Feasibility of an ordinance requiring that Mobilehome Park owners, before offering their property for sale on the open market, to first approach the present tenants. b. Contact with Supervisor Bilbray to encourage San Diego County Board of Supervisors to continue programs for the youth in the South Bay rather than to cut off funding. c. Report on the number of accidents both in and out of the KOA Campground at Second Avenue in National City. At 10: 20 p.m., City Council recessed to convene as the Redevelopment Agency and reconvened as the City Council at 18:35 p.m. ADJOURNMENT AT 10: 20 p.m. to the Council Tour on Saturday, September 12 at 8 a.m., to the Special Meeting on Monday, September 14 at 5:30 p.m., and to the Regular Meeting of September 15, 1987 at 7p.m. Jea ne Deputy City Clerk 1076C