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HomeMy WebLinkAboutcc min 1984/04/03 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, April 3, 1984 Council Chamber 7:00 p.m. Public Services Building ROLL CALL Councilmembers present: Councilmembers Scott, Moore, McCandliss Councilmembers absent: Mayor Cox, Councilmember Malcolm Staff present: City Manager Goss, City Attorney Harron, Assistant City Manager Asmus In the absence of Mayor Cox, Mayor pro Tempore Moore presided over the meeting. PLEDGE OF ALLEGIANCE, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor pro Tempore Moore followed by a moment of silent prayer. 1. APPROVAL OF MINUTES OF MARCH 13, 15 and 20, 1984 MSUC (McCandliss/Moore)to approve the minutes. 2. SPECIAL ORDERS OF THE DAY a. Oath of Office to Lupe M. Jimenez for appointment to the Civil Service Commission This item was trailed pending the arrival of Lupe Jimenez. b. PROCLAMATION PROCLAIMING THE MONTH OF APRIL 1984 AS "FAIR HOUSING MONTH" IN CHULA VISTA Mayor pro Tempore Moore read the Proclamation. 3. WRITTEN COM~)NICATIONS a. CLAIMS AGAINST THE CITY 1. Donna Gjerstad, 442 "F" Street, Chula vista, CA 92010 2. Jack Simonsen, 442 "F" Street, Chula Vista, CA 92010 Donna Gjerstad and Jack Simonsen have filed claims against the City for injuries incurred during Founder's Day Celebration on October 15, 1983. City Council Meeting - 2 - April 3, 1984 3. William Board, 731 "G" Street #A~IO, Chula Vista, CA 92010 A claim was filed against the City by William Board, represented by William Daley, in the amount of $100,000. The claim alleges personal injuries sustained by William Board when he rode his bicycle into an open trench at the 600 block of Third Avenue. MSUC {McCandliss/Scott) to reject the claims. b. REQUEST FOR WAIVER OF CONDITIONAL USE PERMIT FEES FnR PRnPERTY ON EAST "H" Street (Pilgrim Lutheran Church and School) The Pilgrim Lutheran Church and School requested a filing fee of $750 be waived for their Conditional Use Permit. City Manager Goss stated it was not the policy of the City to waive such fees and recommended denial. MSUC (Moore/Scott) to deny the request in light of the City policy. c. REQUEST SHORT TERM METERS BE CONVERTED TO ONE HOUR METERS ON THIRD AVENUE (Chula Vista Downtown Committee) The Downtown Committee recommended opposition to the installation of any additional short-term parking meters on Third Avenue and, further, that after Sweetwater Authority moves from Third Avenue to their new quarters, the short-term meters in front of that facility be converted to one hour meters. City Manager Goss reported the Parking Place Commission met and concurred with this recommendation. MSUC (Scott/Moore) to accept the recommendation of the Parking Place Commission. d. WAIVER nF SIDEWALK SALE ORDINANCE FOR ARTS AND CRAFTS FESTIVAL nN THIRD AVENUE BETWEEN "E" AND "G" STREETS (Chula Vista Downtown Committee) The Downtown Committee will be holding their Arts and Crafts Festival on Third Avenue between "E" and "G" Street on Saturday, May 26, 1984. They requested the ordinance regulating sidewalk sales be waived. MSUC (McCandliss/Scott) to refer this matter to the Zoning Administrator and the staff bring back a modification to the Municipal Code which will permit the waiver of such fees by the City Council. City Council Meeting - 3 - April 3, 1984 e. REQUEST FnR ORDINANCE REGULATING SIDEWALK %ALES WAIVED FnR GRAND DPENING AT PARK PLAZA AT THE VILLAGE nN APRIL 28 (Chula Vista Downtown Committee) Downtown Committee of the Chamber of Commerce will be participating in the grand opening of the Park Plaza on April 28, 1984. They requested permission to have special sales events on that date including sidewalk sales and requested that the ordinance regulating the sidewalk sales be waived. MSUC {McCandliss/Scott) to refer this matter to the Zoning Administrator and for staff to bring back an amendment to the Municipal Code which would permit waiver of such fees by the City Council. f. REQUEST FOR ENDORSEMENT OF NURSING HnME PATIENTS' PRnTECTInN ACT RF 1984 LEGISLATInN (California Senior Legislature) The California Senior Legislature requested support of the Nursing Homes Patient Protection Act of 1984 legislation which would correct abuses inflicted upon residents of nursing homes along with falsification of records, retaliation against residents who complain, inadequate feeding, etc. MSUC (Moore/McCandliss) to refer this to the Legislative Committee. g. REQUEST Tn L~WER BUS AND TROLLEY FARE~ AND INCREASE RIDERSHIP (Thomas R. Allen) Mr. Allen requested support of resubmitting the 1/4 to 1/2 cent sales tax Senator Jim Mills proposed before he retired stating this would lower bus and trolley fares and increase ridership. MSUC (Moore/Scott) to file this request. h. REQUEST TD REPAINT PEDESTRIAN CRnSSWALK AT THE SAN DIEGn CnUNTRY CLUB ACROSS "L" STREET T~ COUNTRY CLUB DRIVE (Charles R. Talbott) General Manager Charles Talbott, ~an Diego Country Club, asked to have the crosswalk from the San Diego Country Club across "L" Street to the Country Club Drive repaiDted. During the repair of "L" Street last year, the pedestrian walk was painted over. Mrs. Joy Sheresh, Safety Commission, stated the Commission considered this item in February and March of this year in response to a letter from Mr. White. The complaint was the City neglected to repaint the crosswalk after the chip seal was put in; however, staff reported the crosswalk was not necessary in this particular location. There are two crosswalks on "L" Street: one at Hilltop and one at First Avenue with this crosswalk just midway between those two traffic lights. The Safety Commission denied the request and recommended further that a sidewalk be installed on the south side of "L" Street. This project is proposed in the FY 1984-85 Capital Improvement Program. City Council Meeting - 4 - April 3, 1984 Council discussion followed regarding the necessity of crosswalks; the Council policy regarding painted crosswalks; and the "false security" people have walking across the roads within the painted crosswalks. A motion was made by Councilwoman McCandliss to refer this item back to staff to be placed on the next Council meeting as an agenda item. The motion died for lack of second. MSUC (Moore/Scott} to send a letter to Mr. White and to the San Diego Country Club explaining the Safety Commission's and Council's reasoning for deleting such crosswalks and to include in the letter, the City Engineer's comments regarding the responsibility of the pedestrian and the driver of the vehicles--also to note that the sidewalks on the south side of "L" Street are included in the Capital Improvement Program for FY 84-85. i. REQUEST Tn ALLOCATE CITY REVENUE Tn YMCA SnCIAL ERVICE PRnJECTS (Beverly DiGregorio, Executive Director, YMCA Beverly DiGregorio, Executive Director of the YMCA Human Development Center, requested the City allocate City revenue funds to YMCA social service projects. She indicated that even modest funding, $1,000 to ~20,000, would help perpetuate important YMCA projects that deal with prevention and treatment of child abuse and juvenile delinquency. MSUC (Moore/Scott) for this item to be considered during budget deliberations. 2a. hath of Office to Lupe M. Jimenez for appointment to the Civil ~ervice Commission City Clerk Fulasz administered the hath of Office to Lupe Jimenez, newly appointed to the Civil Service Commission. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 4. PtlBLIC HEARING CQNSIDEFU~TInN nF PROPOSED AMENDMENT Tn CHAPTER 19.46 I GENERAL INDUSTRIAL ZONE REQUIRING CITY COUNCIL APPROVAL nF CERTAIN CONDITInNAL USES (Director of Planning} a. nRDINANCE 2064 AMENDING CHAPTER 19.46 OF THE CHULA VISTA MIINICIPAL CnOE RELATING TO CONDITIONAL USES AND PROHIBITED HSES IN THE I-ZnNE - FIRST READING This being the time and place as advertised, Mayor pro Tempore Moore opened the public hearing. Director of Planning Krempl explained that in December 1983, the City Council amended Chapter 19.54, Unclassified Uses requiring CounCil approval for those uses having a Citywide impact. The Council also directed the staff to prepare an amendment to the Code to require Council approval for those uses involving hazardous waste materials. The reports looks at the I-zone and suggests certain uses to be prohibited while others would be subject to a conditional use review by the Council. City Council Meeting - 5 - April 3, 1984 On February 22, 1984, the Planning Commission recommended: (1) Adopting the Negative Declaration issued on IS-84-18 (2) Council enact an ordinance amending Chapter 19.46 (I-General Industrial Zone) in accordance with their Resolution PCA-84-2. Mr. Krempl recommended Council concur with P1 anning Commission recommendation of February 22, 1984: 1. Adopted the Negative Declaration issued on IS-84-18 which is forwarded for Council adoption; and 2. Enact an ordinance amending Chapter 19,46 {I-General Industrial Zone) in accordance with their Resolution PCA-84-2. In answer to Councilwoman McCandliss' query, Mr. Krempl reported there are 564 acres zoned "I" in the City; 220 of these are in the Otay Valley Road area and 344 are located in the western extremities of the City on the Rayfront and south of "J" Street. Council discussion followed with Mr. Krempl answering Council's questions pertaining to the lists of permitted and prohibited uses. Larry McKenna, 1347 Mt. View Lane, Chula Vista, representing Citizens Action Network spoke against the ordinance stating it does not go far enough in order to prohibit location of plants such as the RKK, rubber manufacturing, meat packing plants, etc. in the qtay Valley area. He stated he is concerned with the "piecemeal" approach being taken to define a policy for the City. He asked that l) the Council fezone that area I-L in order to attract clean industrial uses, 2} to continue the public hearing until a full Council is present, 3) for staff to do more research in ten~s of setting a timetable for the adoption of this ordinance, 4) for staff to come up with rezoning of the area from I-G to I-L concurrently, 5) for staff to do a study of possible buffer zones to be inserted between the residential and the proposed industrial area, 6} for Council to consider the Golden Rule to be applied in that area; in other words, for Council to picture themselves as owners of property facing meat packing plants, etc. In answer to Council's query, Mr. Krempl stated the General Plan and rezoning of that area is scheduled for Planning Commission hearing on June 27. Councilman Scott indicated his concern with discussing specifics in this public hearing rather than general. If specifics are discussed, he would have to abstain because of a possible conflict of interest; however, the public hearing is supposed to be general for the overall city. Further Council discussion ensued regarding having these matters come to the Council from the Planning Commission; the BKK plant and its impact on the City; the Council's not being aware that the plant was being built; a Council review of every conditional use permit that comes into the City; and the development being proposed on "K" Street between Third and Fourth Avenue. There being no further comments, either for or against, the hearing was declared closed. City Council Meeting - 6 - April 3, 1984 A motion was made by Councilman Scott to bring this matter back to the City Council at a date regarding a policy of bringing all CUPs (back to Council) along with further consideration of the 4/Sths vote. City Attorney Harron noted this has already been scheduled for Council Conference. Councilman Scott withdrew his motion. MSUC (Scott/McCandliss) to place the ordinance on first reading. The reading of the text was waived by unanimous consent, passed and approved unanimously. 5. PUBLIC HEARING CONSIDERING THE FORMATION OF A SEWER REIMBURSEMENT DISTRICT FOR A PORTION OF THE RICE CANYON TRUNK SEWER (City Engineer) a. RESOLUTION 11574 ESTABLISHING THE HIDDEN VISTA VILLAGE SEWER REIMBURSE~NT DISTRICT - RICE CANYON TRUNK This being the time and place as advertised, Mayor pro Tempore Moore opened the public hearing. City Engineer Lippitt explained that the developers of Hidden Vista Village (Terra Nov ~ requested the City establish a reimbursement district to repay them for offsite and oversized sewer mains constructed with development of their subdivision. He recommended the establishment of the sewer reimbursement district in accordance with his report and the methodology contained in said report. In answer to Councilman Scott's question, City Engineer Lippitt explained the reasoning why the residents west of 1-805 were deleted from this particular reimbursement district. Mr. Ken Raumgartner representing McMillin Development Company, 2727 Hoover Avenue, National City, and Mr. Bill Robens, 254 Camino Elevado, Bonita, representing the Gersten Companies, stated they have been working with staff on this project; they concur with the staff's recommendations and recommend approval. There being no further comments either for or against, the hearing was declared closed. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the 'text was waived by unanimous consent, passed and approved unanimously. 6. OP~AL COMMUNICATInNS a. Mr. David Foreman, 1653 Pt. Cabrillo Ct., Chula Vista, discussed the construction of the BKK plant and its Negative Declaration presented to the Planning Commission. Mr. Foreman stated that the responsibility of the Negative Declaration came from the Environmental Review Coordinator and asked that the Council consider his resignation and get a successor for this position. City Council Meeting - 7 - April 3, 1984 b. Jean and Lane Cole, 273 Coralwood Court, Chula Vista, expressed their pleasure of the action of the Coastal Commission in approving the Chula Vista's Bayfront Plan. Mr. and Mrs. Cole presented the Council with the Least Tern and Clappep Rail bird statuaries formerly presented to them at Mr. Cole's retirement dinner. c. Bess Pocklington, 656 Glover Place, Chula Vista, asked the Council to consider the area west of 1-805 when approving industrial zoning for the City. Mrs. Pocklington also commented it was her understanding that after the rains, the Air Pollution Control District would be making a study of the fine particulates in this area. Although there has not been very much rain, she understood the study would still go on. She called the Air Pollution Control District today and was informed "it would not make sense" to have a study since SDG&E is burning gas instead of oil. MSUC (McCandliss/Moore) to refer this matter to staff to contact the Air Pollution Control Board. Mr. Ron Trim representing Assemblyman Steve Peace's office stated it was still his understanding that SDG&E would participate in a test after the rainy season. He has no further information on this particular matter. d. Miss Carla Myers, 1581 Point Sol Court, Chula Vista, complained of the makeup of the Environmental Task Force. She expressed her concerns regarding toxic waste pits and other hazardous waste constructions in the Otay Valley Road area. Mayor pro Tempore Moore explained the makeup of the Task Force: out of 14 possible members and ex-officio members, B live in the City of Chula Vista. Miss Myers indicated there was a conflict of interest on the part of three members, one who works for BKK, another for Rohr, and the other for SANDER. City Manager Goss stated he is an ex-officio member of this Committee and explained the charge given to the Committee which is to obtain and exchange information. d. Mr. Larry McKenna, 1347 Mount View Lane, Chula Vista, representing Citizens Action Network, stated the group is not an "Eternal Pessimist Association" but are genuinely concerned with the health and well~being of citizens in this area. Mr. McKenna asked Council to take a look into the allegations of malfeasance regarding the Environmental Review Coordinator in submitting a Negative Declaration on the BKK plant. He declared that the wife of the Environmental Review Coordinator was in a position to take action in approving the ~KK plant and that her husband "rubber stamped" the Negative Declaration on that approval. Mr. McKenna asked for the resignation of the Environmental Review Coordinator. City Manager Goss stated this charge is the purview of the City Manager and not the City Council and asked Mr. McKenna to submit any allegations he had in writing to him and he would respond to it. City Council Meeting - 8 - April 3, 1984 RESOLUTIONS AND nRDINANCES, FIRST READING 7. RESOLUTION 11575 APPRnVING CONTPJ~CT Nn. 295 BETWEEN THE .STATE nF CALIFORNIA, DEPARTMENT OF YOUTH AUTHORITY, AND THE CITY OF CHULA VISTA, FOR THE SERVICES OF SERGEANT BILLY COX, SR. (Director of Public Safety) The California Department of Youth Authority has been selecting law enforcement officers for Law Enforcement Consultant positions for a number of years. The purpose of this program is to improve relationship between the Youth Authority and local law enforcements in order to develop a more effective Juvenile Justice System and to reduce juvenile delinquency. Sergeant Billy Cox, Sr. has been selected to fill this position. His contract will commence on May l, 1984 through April 30, 1985 with a renewable option for a second year. The State has agreed to pay the full salary and fringe benefits of Sgt. Cox. RES(1LUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 8. RESnLUTION APPRQVING AGREEMENT BETWEEN THE CITY QF CHULA VISTA AND SAN DIEGO FIREWORKS FOR A FOURTH OF JULY FIREWORKS DISPLAY AND APPROPRIATING FUNDS THEREFOR (Parks and Recreation Director) For ~lO,O00, San Diego Fireworks will conduct a fireworks display at "J" Street Marina, on Wednesday, July 4, 1984. The display will be of approximately thirty to forty-five minutes duration. The recommendation is to appropriate $10,000 from unappropriated general funds to Account 100-0730-5298. MSUC (Scott/Moore) to continue this item for one week. 9. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MO~NEY-LETTIERI FOR THE PREPARATION OF THE CHULA VISTA SPHERE STUDY AND APPROPRIATING FUNDS THEREFOR (Director of Planning) Pursuant to City Council instructions, the Planning Department and principals of the firm of Mooney-Lettieri and Associates have met and negotiated the terms of an agreement for the preparation of a draft sphere-of-influence plan for the City of Chula Vista. The recommendation is Council approve the agreement and appropriate 526,930 from the unappropriated balance of the General Fund to Account 0623-5201 (Advance Planning-Professional Services) for payment of this service. MSUC (Scott/Moore) to continue this item for one week. City Council Meeting - 9 - April 3, 1984 lO. RESOLUTION 11576 APPRnVING FY 1984-85 TRANSPORTATION DEVELOPMENT ACT ITDA) ARTICLE 4.5 CLAIM SUBMISSION FOR HANDYTRANS OPERATION AND FARE INCREASE FnR FY 1984-85 ICity Engineer) The City of Chula Vista's FY 1984-85 Article 4.5 claim to support HandYtrans operations in the amount of 5197,270, was submitted to SANBAG and MTDB on March 30, 1984. ~tate 1 aw requires this claim to be submitted to MTDB and SANDAG by April 1, 1984. This claim includes the following changes for FY 1984-85 relative to the current fiscal year: an additional 2 vehicle service hours per weekday, or 520 additional hours annually; and a fare of 51.00, an increase of 50.15 over the current 50.85 fare. SANDAG has informed all Article 4.5 claimants that there may be insufficient Article 4.5 monies to fund all elderly and handicapped systems in the County at the level programmed in the FY 1984-85 Transportation Improvement Program (TIP) which was submitted to SANDAG in January 1984. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. ll. RESOLUTION 11577 AUTHORIZING SUBMISSION BY SCOOT OF THE FY 1984-85 TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0 CLAIM (City Engineer) The FY 1984-85 SCOOT claim for Article 4.0 funds to support Chula Vista Transit (CVT) operations was submitted to MTDB and SANDAG on March 30, 1984. State law requires that TDA claims be submitted by April 1 prior to the fiscal year for which TDA funds are claimed. The total SCOOT claim is 51,170,963 consisting of $1,077,602 claimed against the City of Chula Vista's apportionment of $1,197,602, and $93,361 claimed against the County of ~an Diego's apportionment. RESOLUTION OFFERED BY MAYqR PRO TEMPORE MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 12. RESOLUTION RELEASING A LIEN AGAINST THE PROPERTY LOCATED ON THE EAST SIDE OF BAY BOULEVARD SOUTH OF "E" STREET (City Engineer) A recent title search of the property on the east side of Bay Boulevard, south of "E" Street, revealed the existence of a 59,500 lien against the property. This property was formerly owned by Harding Campbell. In 1971, Mr. Campbell was granted a deferral of the requirement to install public improvements along the frontage of his property. A lien was placed against the property to guarantee the future installation of these improvements. Since that time, the improvements have been constructed and the lien may now be released. Councilwoman McCandliss questioned why the lien was not released to the City since the City put in the improvements. The City Engineer indicated this project was done through the Redevelopment Agency and he does not know the specific terms associated with that agreement, Councilman Scott said he recalled the City put in the improvements at the time Anthony's Restaurant went in and also forgave part of the sewer fees. MSUC (Scott/McCandliss) to refer this matter back to staff for investigation. City Council Meeting - lO - April 3, 1984 13. REPORT OF THE CITY MANAGER MSUC IMoore/Scott) for a Closed Session at the end of the meeting for matters of personnel. REPORTS OF CITY ~FFICERS AND DEPARTMENT HEADS 14. REPORT AMERICAN CANCER SOCIETY REQUEST TO CONDUCT THE EIGHTH ANNUAL LIFE CYCLE BIKE-A-THON (Parks and Recreation ~ Director) The American Cancer Society of San Diego County requested permission to conduct a bike-a-thon on Saturday, June 2, 1984. The Eighth Annual Life Cycle Bike-a-Thon is held to raise funds to support research, patient services, public education and cancer screenings. MSUC (Scott/McCandliss) to approve the request subject to staff conditions. 15. REPORT AGREEMENT BETWEEN THE SOUTH COAST ORGANIZATION OPERATING TRANSIT (SCOOT) AND AZTEC BUS LINES TO PROVIDE INTRA-CITY BUS SERVICE IN THE CITY ~F CHULA VISTA FOR 12 MONTHS, COMMENCING JULY 1, 1984 (City " Engineer) The current agreement between SCOOT and Aztec Bus Lines to operate Chula Vista Transit (CVT) terminates on June 30, 1984. At its meeting on January 24, 1984, Council accepted a report which recommended that "SCOOT Board extend the existing Aztec contract for a period beyond July 1, 1984, until one to two months after new buses are put in service; issue Request for Proposals (RFP) for operations contract to begin after new buses are put in service." SCOOT Board approved this recommendation at its meeting on February 15, 1984. The Transit Coordinator and City Engineer have negotiated an agreement with Aztec Bus Lines to operate CVT during FY 1984-85. MSUC (Moore/Scott) to accept the report and staff recommendations. 16. MAYOR'S REPORT a. Mayor pro Tempore Moore referred to a letter in the Council information packet regarding the 1984 International U.S.A./Mexico Spring Festival Marathon/Half Marathon and questioned the role of the City. Public Information Coordinator Cox said he is in contact with the people running the marathon--they are waiting confirmation of their insurance which they will give to the Parks and Recreation Director. b. Mayor pro Tempore Moore expressed his concern with the number of members on the Design Review Committee. There are problems with getting enough architects that reside in the City to serve on this Committee so, therefore, they have to go outside the City to get these members. Consequently, there are a number of meetings where no quorum was " established. City Council Meeting -ll April 3, 1984 MSUC (Scott/Moore) for staff to bring back a resolution establishing a policy so three members of the Design Review Committee will constitute a quorum, in the interim period (since the' Committee will ultimately be a five-member committee). City Attorney Harron explained the Committee is strictly advisory to the staff. Their recommendations are incorporated in the staff reports which go to the Council. c. Mayor pro Tempore Moore reported that the League of California Cities dinner meeting will be held in Santee on April 26. This is the same evening that the City Awards dinner will be held. d. Mayor pro Tempore Moore stated the annual Civic Award Banquet is being scheduled and ask the Councilmembers to submit any names of possible candidates for this Award. 17. COUNCIL COMMENTS None. The Council recessed to Closed Session at 8:40 p.m. ADJOURNMENT AT 9:10 p.m. to the meeting scheduled for April lO, 1984, at 7:00 p .m. ~ ie M. Fulasz 1 WPC 0416C