Loading...
HomeMy WebLinkAboutcc min 1984/05/01MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, May 1, 1984 6:30 p.m, The Council met at 6:30 p.m. in the Council Conference Room, City Hall to see a demonstration of a Lanier Messenger Recording System. ROLL CALL - 7:00 p,m. Councilmembers present: Mayor Cox, Councilmembers Scott, Malcolm, Moore, McCandl iss Councilmembers absent: None Staff present: City Manager Goss, City Attorney Harron, Assistant City Manager Asmus PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mecario Mercado, Boy Scout Troop 1231, followed by a moment of silent prayer. 1. APPROVAL OF MINUTES for the meeting of April 24, 1984 MSC (Moore/Scott) to approve the minutes with the following corrections: (1) page 7, paragraph 3 - Councilman Scott asked that the minutes show that he returned to the dais, made his statement regarding potential conflict of interest and then, again, left the dais. (2) page 8, paragraph 9 - Councilman Malcolm's statement on the project being in a "state of repair" should read "state of disrepair". Councilwoman McCandliss abstained from voting as she was absent at that meeting. 2. SPECIAL ORDERS OF THE DAY a. PROCLAMATION PROCLAIMING THE WEEK OF MAY 6-12, 19~4, AS "NATIONAL VOLUNTEER WEEK" ( Director of Personnel ) The Proclamation was presented to Delia Mercado, mother of Mecario Mercado, by Mayor pro Tempore Moore. Mrs. Mercado was also named "Volunteer of the Year." Her name will be engraved on the Volunteer Plaque which will be displayed in the City Hall trophy case. b. PROCLAMATION PROCLAIMING THE WEEK OF MAY 6-12, 1984 AS "HIRE A VETERAN WEEK" (Mayor Cox) The Proclamation was presented to Mr. Niek Slijk, on behalf of Mr. Rick Galegos, Manager, Employment Development Department for the State of California (Chula Vista office) by Mayor pro Tempore Moore. City Council Meeting - 2 - May 1, 1984 c. PROCLAMATION PROCLAIMING THE MONTH OF MAY 1984, AS "BUSINESS EDUCATION PARTNERSHIP MONTH" (Mayor Cox) The Proclamation was presented to Aileen Harmon, Chairwoman of the Education Committee of the Chamber of Commerce by Mayor pro Tempore Moore. Miss Harmon announced "Career Day" at Southwestern College will be Wednesday, May 2, from 9 a.m. to 1 p.m. to enable students to be interviewed by employers. d. PROCLAMATION PROCLAIMING MAY 12, 1984, AS "BUSINESS SALOTES CHULA VISTA FAIR DAY" (Mayor Cox) The Proclamation was presented to Mr. Rod Jones, Co-Chairman of the 1984 Business Salutes Chula Vista Day Committee by Mayor pro Tempore Moore. Mr. Jones stated Business Salutes Chuta Vista Day will be Saturday, May 12, 10 a. m. to 4 p. m. 3. WRITTEN COMMUNICATIONS a. CONSIDERATION OF VARIOUS CITY PARK LANDS AS POTENTIAL YMCA SITES (YMCA South Bay Branch) The YMCA has outgrown its Fourth Avenue bull ding which can only house a small day care center and business office. In order to plan for a permanent and full service Family YMCA facility to serve the South Bay Community, four park sites have been requested as potential YMCA locations. The YMCA is further requesting staff study of these sites or any others deemed appropriate as potential sites for the YMCA facility and for any demographic and 1 ong range plans appropriate to potential recreational sites the City might make available to the YMCA. MSUC (Moore/Cox) to refer this item to staff for review and report including the location (of sites) as they pertain to low and moderate income families. Councilwoman McCandliss asked staff to bring back the analysis made two to three years ago regarding the location for a community center. PUBLIC HEARING AND RELATED ORDINANCE 4. PUBLIC HEARING CONSIDERATION TO REZONE 3.75 ACRES AT THE SOUTHWEST CORNER OF TELEGRAPH CANYON ROAD AND MELROSE AVENUE FROM R-1 TO R-3-P-14 - ALANDA BACH (Continued from the meeting of April 24, 1984) (Director of Planning) a. ORDIN/UICE AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING 3.75 ACRES AT THE SOUTHWEST CORNER OF TELEGRAPH CANYON ROAD AND MELROSE AVENUE FROM R-1 TO R-3-P-14 - FIRST READING City Council Meeting - 3 - May 1, 1984 This being the time and place as advertised, Mayor Cox opened the public hearing. Mayor Cox stated a petition signed by five individuals requesting a postponement for two weeks had been submitted to Council tonight. Councilman Moore explained he had previously been advised to abstain on this matter because of possible conflict of interest and because of in-depth review by the City Attorney has now been advised not to abstain; therefore he will participate in this hearing. In answer to Councilman Malcolm's question of why two weeks postponement is needed, Peter Hayes, 6134 Parkside Avenue, San Diego, representing some of the owners on Melrose Avenue, stated they have contacted an engineer and attorney today who could not be here toni ght. They have recommended additional studies be done in order to present a more positive presentation to the Council ratiler than emotional. Two weeks are needed to prepare this data. If at the end of two weeks the information is not completed, they will agree to continue with the public hearing. Mr. Start Landess, 2341 Jefferson Street, San Diego, representing Alanda-Bach, said he was prepared for the hearing tonight and did not see any reason for a continuance; however, if Council feels this is necessary he would agree to it. Council discussion followed regarding whether staff had an opportunity to look at this request for continuance previously; for staff to review the issue of impact of traffic on "L" Street; Melrose and Telegraph Canyon Road have been studied but no study on "L" Street has been done regarding traffic counts; question of the Negative Declaration; unusual for postponement requests to come at this late hour. MSUC (Scott/Malcolm) to grant a continuance of the public hearing for two weeks (to the meeting of May 15, 1984). 5. OIb~L COMMUNICATIONS Mr. H. S. Molski, 443 D Woodlawn Avenue, Chula Vista, noted the problems the residents of Holiday Gardens are having with their parking. He requested that the City paint lines on the street designating offstreet parking spaces. The residents would be willing to maintain the lines once they are marked professionally. The area in question is Woodlawn and Col orado Avenues between "G" and "H" Streets. MSUC (Scott/Cox) to refer this to staff for a report back to Council. City Council Meeting - 4 - May l, 1984 RESOLUTIONS AND ORDINANCES, FIRST READING 6. RESOLUTION PROVIDING FOR THE APPROPRIATION OF FUNDS FOR THE CHAMBER OF COMMERCE VISITOR DEVELOPMENT BROCHURE (Director of Management Services) At the April lO City Council meeting, the Visitor Development Committee of the Chula Vista Chamber of Commerce presented a request for $12,839 to fund a promotional brochure designed to attract visitors to the City to cover production and printing costs of 50,000 copies of the proposed brochure. The Council accepted the City Manager's recommendation to bring this item back at budget time for consideration and directed that private sector contributions be solicited. At the April 17 City Council meeting, staff was redirected to bring back a resolution appropriating the requested funds for Council consideration at the May 1 meeting. MS (Scott/McCandliss) to hold this item over until budget time. Councilwoman McCandliss said further discussion was needed regarding how this fits in with the City's community promotion program; haven't heard from the Public Information Specialist; large amounts of'money have been allocated for promoting industry and development; where does this fit into the City's public relation plan; benefit sharing between the Chamber of Commerce and the City; services that have been cut in the past need to be "stepped up"; how is the City going to use these brochures. Mayor Cox spoke against the motion stating this is part of an overall program regarding a desire to promote the City. He cited the advantages of printing the brochures for the summer tourist season. Councilman Malcolm also spoke agains the motion noting the four million dollars a year received in property taxes the citizen's of Chula Vista pay does not cover the City's 20 million dollar budget. This has to come from sales tax and tourist industry coming into the City. Inasmuch as staff will be recommending approval at budget time, he urged passage of this appropriation at this time to speed up the process and have the brochures available for the summer trade. Council man Moore discussed the 60/40 spl it in the investment - $13,0OO from the City and $5,000 annually for three years from the Chamber of Commerce. He remarked it sounds like a good investment. Jim Thomson, Director of Management Services, explained the City's Public Information Coordinator, Mark Cox has worked with the Chamber of Commerce on this package. Staff feels this is a vehicle to to help the City promote itself with a particular type of larger audience, mainly visitors. Mr. Thomson added staff views this as a high priority but not the "highest". SUBSTITUTE MOTION MSUC (Moore/McCandliss) to defer this item for one week (May 8, 1984) City Council Meeting - 5 - May 1, 1984 7. RESOLUTION ll610 APPROVING AGREE~IENT BETWEEN THE CITY OF CHULA VISTA AND BETH TORAN CONGREGATION ALLOWING EXTENSION OF SEWER SERVICE BEYOND CITY BOUNDARY (City Engineer) The City Engineer submitted a written report noting a request for sewer service beyond the City Boundary was received from the Beth Torah Congregation. Guidelines for handling such requests are contained within Council Policy 570-02 adopted on July 5, 1983. An agreement, executed in behalf of the Beth Torah Congregation provides assurance of compliance with the conditions set forth in the Council Policy. Annexation of the Beth Torah site will likely be dependent upon annexation of other nearby properties. There is no current movement to annex any of those nearby properties even though some property owner interest has been shown during the last two years. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 8. RESOLUTION ll611 APPROVING ENCROACHMENT PERMIT NO. PE040 TO LYMAN M. KIDDER, OWNER OF THE PROPERTY AT 314 SURREY DRIVE (City Engineer) Mr Lyman M. Kidder, owner of the property at 314 Surrey Drive, applied for an encroachment permit to construct a wooden deck at the rear of the house which is proposed to extend into the City's open space approximately 7.5 feet. The Department of Parks and Recreation reviewed the request and found this proposed encroachment would not obstruct the view of any of the neighboring residents or interfere with the purpose of this open space. The City Engineer recommended a condition of approval of the permit for any relocation of the irrigation line would be the applicant's responsibility. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 9. ORDINANCE 2068 REPEALING CHAPTER 2.02 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO CONFLICT OF INTEREST AND GENERAL GOVERt~4ENTAL CONFLICT OF INTERESTS ACT GUIDELINES FIRST READING (City Attorney) The City Attorney reported that in 1967, Chul a Vista adopted its conflict of interest ordinance contained in Chapter 2.02 of the Chula Vista Municipal Code. In 1974, the voters of the State of California passed Proposition 9, the Political Reform Act. While the provisions of the State law are very similar to the City Code, they are not identical. Minor differences in wording can lead to confusion on the part of public officials and employees in trying to determine their responsibilities under the 1 aw. The question arises as to whether interpretations of the State law given by the Fair Political Practices Commission will also apply to similar ordinances. City Council Meeting - 6 - May 1, 1984 The City Attorney recommended repealing the local City ordinances and reliance on the State to cover this subject. MSUC IMoore/Cox) to place the ordinance on First Reading, the reading of the text was waived by unanimous consent, passed and approved unanimously. Councilman Scott requested a report on the role of the City Attorney in determining conflicts of interest adding that the Attorney is hired by the City Council causing a possible inherent conflict. Councilman Scott remarked every written opinion which comes to the attention of the City Attorney should become public knowledge - to not allow that is not to allow the public to see what their elected officals are doing. He will be sending City Council a memo 1 isting his concerns. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 10. ORDINANCE 2066 AMENDING SECTION 3.45.010 OF THE CHULA VISTA MUNICIPAL CODE AUTHORIZING THE CITY COUNCIL TO WAIVE FEES SET FORTH IN THE MASTER FEE SCHEDULE - SECOND READING AND ADOPTION ( (City Attorney) The ordinance amendment gives the City Council the flexibility to waive fees where it feels it is appropriate to do so. This item was placed on first reading at the meeting of April 24, 1984. MSUC (Malcolm/Cox) to place the ordinance on Second Reading and adoption. The reading of the text was waived by unanimous consent passed and approved unanimously. ll. ORDINANCE 2067 REPEALING CHAPTER 5.16 AND AMENDING SECTION 5.40.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO AUCTIONS AND PEDDLERS - SECOND READING AND ADOPTION ( City Attorney ) The repeal of Chapter 5.16 will bring the Municipal Code into compliance with the State law. This item was placed on first reading at the meeting of April 24, 1984. MSUC (Malcolm/Moore) to place the ordinance on Second Reading and adoption. The reading of the text was waived by unanimous consent passed and approved unanimously. 12. REPORT OF THE CITY MANAGER (None) 13. MAYOR'S REPORT a. Mayor Cox noted the completion of the 1911 Act street improvements on certain streets and commercial districts in the City is in the first phase in the final stages of completion. He suggested reviewing the priority 1 ist with the possibility of addding more areas. City Council ~eting - 7 - May 1, 1984 MSUC (Cox/Scott) for staff to bring back the priority list for lgll Act street improvements. b, Mayor Cox discussed the open space area adjacent to "J" Street off I-5. Since it is being used as a park, it should be named. MSUC (Cox/Moore) to refer to staff to come back with a name for the "park" at "J" Street off I-5. 14. COUNCIL COMMENTS a. REPORT PROPOSITIONS 18 AND 19 ON JUNE STATE PRIMARY BALLOT (Legislative Committee) At the April 24, 1984 City Council meeting, Mayor Cox made reference to Propositions 18 and 19 regarding State funding for wild life habitats and park acquisitions which will be on the June ballot. Council requested the Legislative Committee look at these two bond issues and report back. Mayor Cox stated the League of California Cities endorsed propositions 18 and 19. Councilman Malcolm stated there are some problems with the way the Coastal Conservancy is spending the funds. He stated he will obtain a report from the Coastal Commission next week regarding their recommendations. MSUC (Scott/Cox) for a written report from the Legislative Committee at the next meeting (May 8, 1984) b. Councilman Malcolm gave the Legislative Report of the Nursing Homes Protection Act of 1984. The League and the Legislative Committee support this Act in general; however, there are three major problems they cannot support: 1. AB 2262 would require more nursing staff creating an impact on nursing facilities. 2. AB 2265 places restrictions before they can be put into receivership for voluntary bankruptcy. 3. Requires geriatric nurses to be at all facilities. Councilman Malcolm said he is waiting for further clarification of these concerns. MSUC (Scott/McCandliss) request this as an information item for next week (May 8, 1984). Councilwoman McCandliss asked for a copy of the Legislative report. City Council Meeting - 8 - May 1, 1984 c. Councilman Malcolm reported on AB 1672 (Bradley) which would not require plans to be submitted for a building permit if reviewed by an engineer or architect who certified the plan compl ied with local ordinances. MSUC (Scott/Cox) to oppose AB 1672. d. Councilman Malcolm reported on AB 5320 which removes police and fire employees from the age discrimination act. The League is requesting support of this bill. MSUC (Moore/Scott) to support AB 5320. e. Councilman Scott referenced the Council's recent changes regarding Industrial Development Bond policy. MSUC (Scott/Cox) to send the changes and recommendations regarding Municipal Bonds to be studied by the Human Relations Committee and the Commission on Aging. f. Councilman Moore discussed the Sphere of Influence study being conducted which delete Otay Ranch from the study. He disagreed with this and suggested the Ranch should be included. Councilman Scott remarked the City was not going to plan anything in that area because the owners said they would not be developing anything for 20 years. Councilman Moore stated he would 1 ike that verified by staff. g. Councilman Moore commented the City Manager was directed about 1 year or 9 months ago to pursue a Community Appearance Program. Council asked for a review of all the ordinances affecting that particular item. He asked when that review will be submitted to the Council. City Manager Goss replied he has met with the City Attorney who is working with Building and Housing to utilize existing staff effectively in reviewing the ordinances. He is waiting until budget time to see what will occur with the Enforcement Division of Building and Housing staff in the coming year. h. Council man Moore questioned the status of the Downtown A11 ey improvements. City Engineer Lippitt stated two have recently gone out to bid. On the others, the City has not received proper support from property owners. i. Councilman Moore noted the City Manager had been directed to review the parking situation including meters, parking lots and the parking structure six months after the parking structure was opened. He recommended a letter notifying various appropriate committees of the Council's intent. City Council Maeting - 9 - May l, 1984 Councilwoman McCandliss discussed her trip to the Sister City of Odawara, Japan and presented the Mayor and Council with a gift from the Mayor of Odowara - a framed picture of the Odawara Castle with the inscription in Japanese "In Commemoration of Chula Vista's Visit of April 18, 1984". Friends of the Library purchased books and pre~ented them to the Odawara Library. ADJOUR~4ENT AT 8:30 p.m. to the meeting scheduled for May 8, 1984 at 7:00 p.m. and to the meeting of May 10, 1984 at 7:00 p.m. (Valle Lindo School ) REDEVELOPMENT MEETING ON THURSDAY, MAY 3, HAS BEEN CANCELLED WPG:0422C ~ PAG