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HomeMy WebLinkAboutcc min 1987/09/22 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, September 22, 1987 Council Chamber 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Councilmembers Nader and Moore, Mayor Cox, Councilwoman McCandliss and Coucilman Malcolm MEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, Assistant City Manager Asmus, Deputy City Manager Morris, and City Attorney Hatton 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 (Cox/Malcolm) that the Minutes of September 14th be continued for approval at the next regular meeting of City Council. MSUC (Malcolm/McCandliss) to approve the Minutes of September 15, 1987. 2. SPECIAL ORDERS OF THE DAY a. OATHS OF OFFICE Mayor Cox welcomed and congratulated the newly appointed members of the City's Boards and Commissions. Deputy City Clerk Fortune administered the Oaths of Office to Planning Commissioner Joe Casillas, and Montgomery Community Planning Group Member Nancy Wheeland; and Mayor pro Tempore Moore presented the Certificates. b. PROCLAIMING THE WEEK OF OCTOBER 4-10, 1987 AS "FIRE PREVENTION WEEK" As Mayor Cox proclaimed Fire Prevention Week, Mayor pro Tempore Moore presented the Proclamation to "Pluggie", Fire Prevention liaison of the Chula Vista Fire Department. October 8, 1987 has been proclaimed as National Fire Prevention Day, on which all citizens are urged to replace the batteries in their smoke detectors. Pluggie demonstrated his abilities with the help of Firefighter It was further explained that "Pluggie" will be demonstrating methods of fire prevention to children of 43 schools during the month of October. MINUTES - 2 - September 22, 1987 c. PROCLAIMING SATURDAY, OCTOBER lO, 1987 AS "COASTAL CLEAN-UP DAY" This celebration will involve service, sporting, recreation and environmental organizations along with governmental agencies and is being implemented in order to focus attention on the importance of our coastline and could involve a series of nature programs to be presented by the Nature Interpretive Center through the week of October 4th. Mayor Cox presented this Proclamation to Councilman David Malcolm as Member of the California Coastal Commission, and explained the efforts made by the City of Chula Vista. The proclamation was 2 i% by Commissio.er .alcolm t.at t.e Board i na d with appreciation that the City of Chula Vista is one of the few cities that participate in this Coastal Cleanup Day every year. CONSENT CALENDAR (3a - 18) CONSENT CALENDAR OFFERED BY COUNCILMAN MALCOLM, with the exception of items 9, 10, 17 and 18, the reading of the text was waived by unanimous consent, passed and approved unanimously. Mayor Cox, referencing item 4, requested that staff survey for the existance of a surplus mobile radio which might be used by the van purchased for the Girls/Boys Club. 3. WRITTEN COMMUNICATIONS a. REQUEST FOR REPAIRS ON FOUNTAIN IN LIBRARY PARK - Roger Lindsay, Library Board of Trustees, Chula Vista Public Library Council approved certain references in the letter to repair the sculpture called "Sea Chanty" to be accomplished immediately, such as repairing broken pieces and removing the grafitti from the sculpture. Council further referred this letter be referred to staff for a report. b. REQUEST FOR INSTALLATION OF TRAFFIC SIGNAL AT BUENA VISTA WAY AND EAST "H" Street, Mr. Tony Maio, 1347 Valencia Loop, Chula Vista 92010 Council accepted the letter, stating that a letter has been sent to the writer as well as the signers of the petition, that Council, last June, allocated funding for the installation of a traffic signal at this intersection with construction scheduled to start in June 1988. MINUTES - 3 - September 22, 1987 c. CONCERNS REGARDING TRAFFIC PROBLEMS ON BUENA VISTA WAY - Mr. & Mrs. Lambert, 969 Buena Vista Way, Chula Vista 92010 Council referred the letter to staff for report and response. 4. RESOLUTION 13255 AUTHORIZING PURCHASE OF MOBILE AND PORTABLE RADIOS (Director of Finance) The 1987-88 budget provides for the purchase of 21 two-way mobile and ll portable radios for replacement and new vehicles, and Bids were advertised via a Countywide cooperative bid. Council authorized the purchase of 20 mount synthesized radios and 12 synthesized portable radios to cost $35,909.74 which is within the budgeted amount. 5. RESOLUTION 13256 AFFIRMING THE TRIAL TRAFFIC REGULATION REDUCING THE SPEED LIMIT ON PASEO DEL REY BETWEEN EAST "H" STREET AND EAST "J" STREET Council authorized the reduction of the speed limit on Paseo del Ray from prima facie 55 to 35 mph. 6. RESOLUTION 13257 ACCEPTING PUBLIC IMPROVEMENTS - PLACEMENT OF ASPHALT CONCRETE OVERLAY (1987-88 PROGRAM) ON VARIOUS STREETS IN THE CITY OF CHULA VISTA Council awarded this contract to Daley Corporation and the work is now completed. The City of Chula Vista will continue to maintain the streets. 7. RESOLUTION 13258 AUTHORIZING EMERGENCY REPLACEMENT OF A TURF MOWER Council authorized the emergency replacement of the tractor/mower from the Vehicle Equipment Replacement Fund. One of the turf mowers assigned to the Parks and Recreation Department is experiencing high maintenance and repair cost for the past couple of months, repair of which would be more than 10% of the replacement cost of $34,000. 8. RESOLUTION 13259 AUTHORIZING EMERGENCY REPLACEMENT OF A POLICE MOTORCYCLE Council authorized the emergency replacement of the Police motorcycle which was involved in an accident and resulted in extensive damage. The motorcycle was scheduled to be included on the list of recommended replacements for next fiscal year. 9. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BUD GRAY, PLANNING CONSUL- TANT, AND EASTLAKE DEVELOPMENT COMPANY FOR PROFESSIONAL SERVICES FOR EASTLAKE GREENS Pulled from the Consent Agenda MINUTES 4 - September 22, 1987 lO. RESOLUTION RECONVEYANCE OF REAL PROPERTY FROM THE CITY OF CHULA VISTA TO SOUTHWESTERN COMMUNITY COLLEGE DISTRICT REPORT ANALYSIS OF ALTERNATIVE SITES FOR A BOTANICAL GARDEN Pulled from the Consent Agenda 11. REPORT REQUEST TO CONDUCT BONITAFEST Council approved the request of the Bonita Business and Professional Association to conduct the Ninth Annual Bonitafest on September 26-27, 1987 subject to staff conditions. Minimal costs will be incurred by the City in processing this request and traffic control will be provided by volunteer Police reserves at no cost to the City. 12. RESOLUTION 13260 APPROVING A COMPENSATION PLAN FOR CERTAIN UNCLASSIFIED EMPLOYEES OF THE CITY OF CHULA VISTA FOR FISCAL YEAR 1987-88 Council approved staff's recommendation. 13. RESOLUTION 13261 PURCHASE OF TRANSPORTATION VAN TO BE LEASED TO THE GIRLS/BOYS CLUB AND APPROPRIATING FUNDS THEREFOR Council approved with the understanding that, once the City receives funds from Homart, the General Fund will be reimbursed. A van of this size would cost $16,500. 14. ORDINANCE 2232 AMENDING SECTION 9.15.010 RELATING TO OPEN CONTAINERS SECOND READING AND ADOPTION The ordinance was placed on first reading at the meeting of September 15th to clarify that public rights-of-way and semi-public parking lots need not be posted for the prohibition on open alcohol beverage containers to apply. 15. REPORT ON THE PROPOSED GRANT OF AN EASEMENT TO OWNERS OF PROPERTY ON THE NORTHEAST CORNER OF HILLTOP DRIVE AND MAIN STREET FOR RETAINING WALL Council accepted the offer of $6.00 per square foot for the easement (a $729.00 payment to the City), and directed staff to prepare an appropriate document for execution by the Mayor. 16. REPORT ON CHULA VISTA TRANSIT (CVT} ROUTE 707 EXTENSION TO EASTLAKE Council accepted this report and recommended to the SCOOT Board that the route be extended beginning on January 4, 1988. Sufficient funds are available in the FY 1987-88 SCOOT budget to implement the proposed Route 707 extension to EastLake. MINUTES 5 - September 22, 1987 17. REPORT ON STATUS OF EXISTING SIGN ORDINANCE Pulled from the Consent Agenda 18. REPORT ON VARIABLE RATE SEWER SERVICE CHARGE FOR LOW INCOME INDIVIDUALS Pulled from the Consent Agenda END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 19. PUBLIC HEARING PCC-88-1 - REQUEST TO ESTABLISH OFFICES FOR SAN DIEGO COUNTY DEPARTMENT OF SOCIAL SERVICES AT 1261 THIRD AVENUE - JOHN M. URQUHART (Continued from meeting of September 15, 1987) (Director of Planning) RESOLUTION 13262 APPROVING CONDITIONAL USE PERMIT PCC-88-1 TO ESTABLISH OFFICES FOR THE SAN DIEGO COUNTY DEPARTMENT OF SOCIAL SERVICES AT 1261 THIRD AVENUE This being the time and placed as advertised, the Mayor declared the public hearing open. Director of Krempl advised the proposal for the property is a two phased project in which the present Handyman building would be replaced with the County offices for Social Services, with construction in the southerly portion of a theater and retail building, as well as retention of certain offices and restaurant. Staff is recommending approval subject to the condition that the applicant submit a restriping plan for the parking lot to be reviewed and approved by the Director of Planning; and (2) to grant the County's request for waiver of the conditional use permit fee, as paid for by the applicant, which would be paid for by the County. Lou Quinney, Quinney & Associates, 363 Fifth Avenue, addressed Council for the applicant, John Urquhart, stated the applicant's agreement with the condition for shared parking, and requested staff's approval of the project. Councilman Malcolm's questions addressed the limit that may be imposed upon the County relative to hours of operation, the representative to the applicant that the County would pay th fee; and the uses planned for the offices of the Social Services Department. MINUTES - 6 - September 22, 1987 A1 Lippitt, 4752 Allied Road, San Diego, representing the County, identified the programs to be pursued at these offices as those which offer employment services, training and education for recipients of AFDC, Adult Protective Services for individuals in abuse or stress situations, the provision of home care provisions for the physically and emotionally disabled, an adoption program for children, and a conservatorship program for emotionally and physically disabled individuals. John Urquhart , the applicant, stated that they will meet all the landscaping requirements, and that the Handyman sign, as requested in the purchase/sale agreement, will be removed within 90 days. Councilmembers discussed a condition relative to shared parking with possible limits put on the County's hours of operation to cover this concern. There being no others to speak for or against this item, the public hearing was declared closed. MSUC (Malcolm/McCandliss) to amend the Resolution to stipulate no business hours beyond 6:00 p.m. on Mondays through Fridays, nor that the offices be open to the public on Saturdays and Sundays. RESOLUTION, AS AMENDED, OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. MSUC (Malcolm/Moore) to waive the fees for the County of San Diego. 20. PUBLIC HEARING TO CONSIDER A REQUEST TO WAIVE THE REQUIREMENT TO UNDERGROUND OVERHEAD ELECTRICAL FACILITIES THROUGH THE PROPOSED RANCHO DEL SUR SUBDIVISION The applicant still has not submitted adequate information to support a recommendation. MSUC (Cox/McCandliss) to continue to the next regular meeting of Council on October 13, 1987. 21. PUBLIC HEARING ON THE SUPERINTENDENT OF STREETS "REPORT" FOR THE COST OF THE lgll BLOCK ACT PHASE XVII CASH CONTRACT RESOLUTION 13263 CONFIRMING "REPORT" OF THE SUPERINTENDENT OF STREETS ON THE COST OF CONSTRUCTION AND LEVYING ASSESSMENTS IN CHAPTER 27 PROCEEDINGS UNDER THE IMPROVEMENT ACT OF 1911 MINUTES 7 September 22, 1987 Notification to each property owner of their proposed assessment and date of this public hearing was made by Staff. A complet cost breakdown for the improvements adjacent to their property an~ a copy of the engineer's report was sent to each owner. Minor administrative costs will be incurred by the City for the selling of the bond making necessary notification to property owners and recording necessary documents. Those property owners who had requested to install their own improvements have done so and are not included in this assessment district. Deputy Public Works Director Garibay stated that no witnesses had requested to speak at this hearing, the Mayor received no requests to speak from the public, and the Deputy City Clerk received no requests to speak nor correspondence relative to this issue. This being the time and place as advertised, Mayor Cox declared the public hearing open. There being no one appearing to speak either for or against this item, 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. 22. PUBLIC HEARING CONSIDERING COASTAL DEVELOPMENT PERMIT FOR SOUP EXCHANGE RESTAURANT The applicant will be modifying its proposal to include on-site signs and will resubmit its application at a later date. MSUC (McCandliss/Nader) to continue to the regular meeting of Council on October 20, 1987. 23. ORAL COMMUNICATIONS Joseph Raso, 165 Murray Street, addressed Council to present a written communication to Councilmembers containing an invitation to tour his home. Mr. Raso received a letter from the City requesting modifications to his home on or before the 25th of October 1987, which request would not be possible by the requested date and, if it were possible, the home would be in serious violation to the Code. If Councilmembers would tour the home, Mr. Raso feels they would have a better understanding of what they are requesting. Mr. Raso, further, requested permission from Council to complete the two bedrooms and make them livable for use. Councilman Malcolm agreed that the condition of the inside of Mr. Raso's home is very dangerous with the open wiring, etc. which is not safe for anyone. MS (Malcolm/Nader) to direct staff to meet with Mr. Raso and, if completion does not create problems with the approved variance by this Council and if not in conflict, Mr. Raso be allowed to complete the bedrooms. MINUTES 8 September 22, 1987 Councilwoman McCandliss stated that, to short circuit Mr. Raso's requirement to make requests of Council of this nature, that staff should meet with him to resolve these problems; and Mr. Raso was advised that Staff has this authority. The City Attorney suggested a more appropriate motion would be to have staff report back next week, since it is not an agenda item. Councilmembers discussed the issues involved with granting this request. Councilmember Nader agreed with Councilwoman McCandliss that the intent of the original motion be carried out without direction from Council, and if no violations of the variance conditions are involved, he should be given the go ahead to complete the bedrooms. Councilman Nader further clarified that he did not suggest the invitation to the Raso home, but merely suggested communicating requests to Council by letter. MOTION RESTATED MSC (Malcolm/Nader) to direct staff to meet with Mr. Raso and, if completion does not create problems with the approved variance by this Council and if not in conflict, Mr. Raso be allowed to complete the bedrooms. (Councilman Moore voted no.) Steven Ehrins, 1370 Don Carlos Court, discussed the proposed traffic installation at East "H" Street and Buena Vista Way, and requested that installation prior to June 88 because of the growing increase in traffic. Mayor Cox explained that there is an attempt to complete installation in April or possibly in a shorter time frame, to coincide with the widening of East "H" Street. PULLED ITEMS 9. RESOLUTION 13264 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BUD GRAY, PLANNING CONSULTANT, AND EASTLAKE DEVELOPMENT COMPANY FOR PROFESSIONAL SERVICES FOR EASTLAKE GREENS Council waived the Consultant Selection Policy and approve the extension of the Agreement with Planning Consultant Bud Gray and EastLake Development Company for temporary professional planning assistance. All costs will be paid by the applicant. RESOLUTION OFFERED BY COUNCILMAN NADER, the reading of the text was waived by unanimous consent, passed and approved unanimously. MINUTES 9 September 22, 1987 lO. RESOLUTION 13265 RECONVEYANCE OF REAL PROPERTY FROM THE CITY OF CHULA VISTA TO SOUTHWESTERN COMMUNITY COLLEGE DISTRICT \ REPORT ANALYSIS OF ALTERNATIVE SITES FOR A BOTANICAL GARDEN Councilman Nader commended staff for the report the conclusion of which cites the College as the more preferable. M (Nader) that a copy of the Report be sent with a covering letter explaining the inclusion offering to promptly convey the property to the College Board, if that is still its wish, pointing out that if the Board is still interested in looking at the Study, it might be the prime site for this type of facility. All members of the Council gave reports of differing interest from the Members of the Board and, as suggested by Councilman Malcolm, the motion was restated. SUBSTITUTE MOTION MS (Nader/Malcolm) to send the Report with the suggested cover letter including a deed, stating that, if the Board still feels the need to have the property and it is an acceptable use, then please record it. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. MOTION RESTATED MSUC (Nader/McCandliss) to send a copy of the report before Council with a cover letter indicating that this particular parcel would be the prime site for a Botanical Garden if the college is interested, to include the deed with the letter; and, if not accepted, to express that we would be looking for an alternate site. 17. REPORT ON STATUS OF EXISTING SIGN ORDINANCE Councilmember Moore stated his view, with which Councilwoman McCandliss was in agreement, that this ordinance is a main concern of the business people and suggested Council, other than just advising those who are in nonconformance, should address those businesses which have changed hands throughout the years. MINUTES - lO September 22, 1987 MS (Moore/Malcolm) to direct staff to contact those who are in violation under the grandfather clause, advising of the deadline period, and to direct staff to prepare a list of the names of original owners as well as those that came into ownership after the ordinance was put into effect. (Quarter scheduled - two lists -new owners) SUBSTITUTE MOTION MSUC (Moore/Malcolm) to direct staff to send letters to those other than those recently annexed in the Montgomery Area, stating the deadline and to encourage them to conform; and to direct staff to prepare a list of the names of original owners as well as those that came into ownership after the ordinance was put into effect. MSUC (Malcolm/Moore) to refer the Montgomery portion back to the Montgomery Planning Group to see if they wish Council to continue the abatement on the scheduled date of November 30, 1988 and to notify those owners. 18. REPORT ON VARIABLE RATE SEWER SERVICE CHARGE FOR LOW INCOME INDIVIDUALS Staff recommended that Council accept the report and retain the current sewer service charges as they are or to implement Alternative 3 described in the report. Councilman Nader commented on previous discussions of this issue and his disagreement with the present recommendation to preserve the current charges. MS (Nader/McCandliss) to direct staff to implement Alternative No. 3 and to report to Council if any unforeseen problems occur in the implementation. Discussion ensued on retroactivity and an effective date. Staff explained that, because of the billing procedures by the utility company, the decision on which date charges would be reduced would have to be worked out with them. SUBSTITUTE MOTION MSUC (Malcolm/Moore) to refer to Commission on Aging and the Human Relations Commission, for review and report back; to report back on specialized programs, use, etc. and how the utility tax exemption is working. J. R. Norman, 908 Mission Avenue, questioned the new rates in effect and whether they include the rate increase for next year. Staff explained the amount estimated represents that rate which should remain for at least two years and possibly longer. Councilmember Malcolm further explained his concern with the manner in which the lowered rate would be applied to assure that those receive it who really need it and, in particular, in multifamily residences where one's utility bill is included in the rent. It was Council's consensus to discuss this further when staff returns with input from the two commissions. MINUTES - ll September 22, 1987 MSUC (McCandliss/Cox) that staff report on the specialized programs involving the trash service, and how the program is utilized. With the agreement of the maker of the motion, the seconder further requested a report relative to the utility tax \ exemption; and to bring to Council as an informational item. 24. REPORT OF THE CITY MANAGER a. Mayor Cox and Councilman Moore will be unable to attend the Council Conference of 9/24/87, and there is a possibility that Councilwoman McCandliss will be late, and the rescheduling of the items were discussed. MSUC (McCandliss/Moore) to cancel the Council Conference on Thursday, September 24th. MSUC (McCandliss/Nader) to schedule Mr. Cusack's Cultural Arts item to an adjourned meeting following the Redevelopment Agency Meeting on October l, 1987; and that the Drought Resistant Plant discussion be scheduled at a time when there is a full Council present. The City Manager advised that the above motion can be accomplished when Mr. Cusack's attendance has been confirmed. 25. MAYOR'S REPORT a. Mayor Cox requested authorization for the creation of an Auto Sales Park Task Force to change the sales tax picture, which was discussed by Councilmembers relative to advantages and site for the park. MSUC (Cox/McCandliss) to create a Task Force with Mayor Cox and Councilman Moore participating to develop a program and encourage auto sales. 26. COUNCIL COMMENTS a. COUNCILMAN NADER discussed his concerns relative to closed sessions and asked that this matter be placed on the next regular agenda suggesting a policy procedure for actions taken at closed session and a time for making these public. b. COUNCILMAN MOORE brought up the subject of recycling and asked that the issue be placed on the next full Council meeting. Staff explained that a report is scheduled to be brought to Council in the near future. c. COUNCILMAN MALCOLM requested that the "taping" of closed session be included in the agenda item; MINUTES 12 - September 22, 1987 d. The Deputy Public Works Director was requested to advise the Commissioners on Aging and the Human Relations Commissioners of the intent to include other low income residents, in addition to senior citizens, when discussing the lesser charges for sewer rates; and e. When considering a subdivision map approximately 1 1/2 years ago off Hilltop, conditions were committed to the residents on Cresta Way relative to sewer lines, improvements and lights. No improvements have been made to date and Councilman Malcolm requested a report from staff. At 9:15 p.m., Council recessed to meet as the REDEVELOPMENT AGENCY in closed session to discuss Sierra Club vs. Marsh, Sierra Club vs. Coastal Commission et al; acquisition of those lands in the Chula Vista Redevelopment Project owned by Santa Fe Land Improvement Company and under option to the Chula Vista Improvement Company and pursuant to Government Code 5495618. At 10:25 p.m., the Redevelopment Agency adjourned to convene as the City Council. ADJOURNMENT AT 10:25 p.m. to the adjourned meeting of Thursday, October 1, immediately following the 7:00 p.m. Redevelopment Agency meeting, and to the regular meeting of October 13, 1987 at 7 p.m. JENNIE M. FULASZ, CMC CITY CLERK 1088C