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HomeMy WebLinkAboutcc min 1983/01/04 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, January 4, 1983 Council Conference Room 7:00 p,m. City Hall ROLL CALL Councilmembers present: Mayor Cox, Councilmembers McCandliss, Scott, Malcolm, Moore Councilmembers absent: None Staff present: Acting City Manager Asmus, City Attorney Lindberg PLEDGE OF ALLEGIANCE, SILENT PRAYER 1. APPROVAL OF MINUTES for the meeting of December 21, 1982 MSUC (McCandliss/Scott) to approve the minutes 2. SPECIAL ORDERS OF THE DAY Mayor Cox introduced Dean Haas who will be working as the Council Intern until March 1983. 3. WRITTEN COM~VJNICATIONS a. Report from Assemblyman Larry Stifling on WAPA marketing rules for redistribution of hydropower from Hoover, Parker, Davis and other present and planned facilities Assemblyman Stifling requested that letters be sent to the President and U.S. Senator and Congressman asking them to support the Western Area Power Administration's efforts for redistribution of hydropower in an equitable manner. Acting City Manager Asmus recommended the request be granted. MSUC (Malcolm/Moore) to accept the staff recommendation. b. Request from Bob Minear for consideration of traffic signal at Allen School Road Intersection Acting City Manager Asmus reported that on August 17, 1982, the City Council requested a study of the Bonita Road/Allen School Road intersection to occur after "N" Street is open for 60 days, This request was made in response to a letter from the Bonita Business and Professional Association for re-evaluation of the need for a traffic signal at this intersection. It was his recommendation that Mr. Minear's request be considered at the same time the report comes back to Council (60 days after the opening of "H" Street). MSUC (Malcolm/Moore) to accept the staff recommendation. City Council - 2 ~ January 4, 1983 c. Claims against the City: Arnold Cohen P.O. Box 1500 Hollywood, Florida A claim was filed against the City by Arnold Cohen in the amount of $500,000. The claimant alleged he was falsely arrested and imprisoned by the City on June 27, 1982. The claim was not filed within lO0 days of the incident as required by Government Code Section 911.2 and therefore was recommended by Carl Warren & Co. and staff that the claim be denied. George & Barbara Vincej 365 Corte Maria Chula Vista, Ca 92010 Mr. and Mrs. Vincej filed a claim against the City for $8,592 for damages incurred as a result of a sewer backup at the Telegraph Canyon Road Villas. In investigating this claim, it was determined that the apartment development is served by private sewer lines that were installed by the owner, Huffman Management and have not been accepted into the public sewer system. Due to the failure of the owner to construct his system in accordance with Uniform Plumbing Code reauirements which resulted in the alleged damage, it was recommended by Carl Warren & Co. and staff that this claim be denied. MSUC (Cox/McCandliss) to deny the claims. PUBLIC HEARING AND RELATED ORDINANCE 4, PUBLIC HEARING CONSIDERATION OF REZONING ONE ACRE ON THE SOUTH SIDE OF KEARNEY STREET B~'TWEEN THIRD AND CHURCH AVENUES FROM C-C AND R-3-D TO C-O - CALIFORNIA HEALTH PLAN, INC. IDirector of Planning) a. ORDINANCE AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING ONE ACRE ON THE SOUTH SIDE OF KEARNEY STREET BETWEEN THIRD AND CHURCH AVENUES FROM C-C AND R-3-D TO C-O-P - FIRST READING This being the time and place as advertised, Mayor Cox opened the public hearing. Principal Planner Lee submitted a plat noting the property in auestion, the adjacent land use and the applicant's proposal to build a 43,000 sQuare-foot office building on this corner. The property comprises of six parcels; three are zoned C-C and three are zoned R-3. The request is for a rezonin9 of all parcels to C-O. The Planning Commission recommended approval with the attachment of the "P" Modifying District and in accordance with their Resolution PCZ-83-C. City Council - 3 - January 4, 1983 Councilman Scott noted that the City has been trying to put in street improvements on the north side of Kearney Street for some. l~ime and Questioned the legality of imposing a condition on this rezoning to put in those improvements, possibly through a Block Act. City Engineer Lippitt stated that his department is making a survey of all the needed street improvements in the City for the possibility of Block Act Districts. This report will be coming back to the Council within one or two weeks which will include this particular area. Director of Planning Gray suggested a continuance of the public hearing until such time as the City Engineer's report will be ready for Council action. In answer to Council's questions, City Attorney Lindberg stated that he has heard nothing this evening from the Planning Department nor the City Engineer that would justify the placing of a condition for a Block Act Improvement on this rezoning request. Mr. Lindberg added that he does not see the necessity nor is he certain of the facts established at this meeting, that it would be an appropriate condition of this rezoning. In discussion of the time element City Engineer Lippitt said he could have his report ready for Council next week. MSUC (Scott/Cox) to hold the public hearing over for one week. Mr. Gray, President of the California Health Plan, stated there was some sense of expediency in this development and urged the Council to "move ahead rapidly." In answer to Councilwoman McCandliss' question, Mr. Gray indicated that the building can be completed within six months of the approval of the rezoni ng. 5. ORAL COMMUNICATIONS None RESOLUTIONS AND ORDINANCES, FIRST READING 6. RESOLUTION 11127 ACCEPTING DEDICATING AND NAMING CERTAIN REAL PROPERTY AS NORTH GLOVER AVENUE (City Engineer) As one of the requirements for development of its property just north of the Department of Motor Vehicles on North Glover Avenue, Big Bear Markets was to dedicate the easterly 30-feet of the property for street purposes. Big Bear has met this requirement by submitting an executed Grant of Easement form. It is now ready for acceptance by the City. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent passed and approved unanimously. City Council - 4 - January 4, 1983 7. RESOLUTION 11128 ACCEPTING SCOREBOARD DONATION BY CHULA VISTA ELKS LODGE NO. 2011 {Director Parks & Recreation) For the past three years, the Chula Vista Elks Club has made several donations underwriting the cost of sponsoring the Special Olympic activities in the City. Two of the major Special Olympic activities are Floor Hockey and Basketball which are conducted at the Park Way Community Center. The Center does not have an electronic scoreboard for such activities. The Elks Club has undertaken the purchasing of a scoreboard as a community project. The scoreboard will be used primarily for the therapeutic programs but will be available to other programs. RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. 8. RESOLUTION 11129 RENAMING FRIENDSHIP AND LIBRARY PARKS {Director of Parks & Recreation) At the December 14, 1982 meeting, Council accepted a report in which the Director of Parks and Recreation recommended renaming Friendship Park to Eucalyptus Park and Library Park to Friendship Park. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. 9. REPORT OF THE ACTING CITY MANAGER a. Acting City Managaer Asmus submitted a memo to the Council regarding naming a substitute Acting City Manager because of the distance he lives from the City. Mr. Asmus named Director of Public Safety Winters to be called in an emergency. b. Mr. Asmus submitted a report of the Coastal Commission mediation question to the Council. c. City Engineer Lippitt reported on the water main on Otay Lakes Road stating this was the project of putting in the water line under the Development Block Act Improvement Program in order to serve Hyspan and other developments in that area. Mr. Lippitt explained that in November, the City Council extended the time on the project to December 8. After that time it was discoverd that there were some problems with the fire services to Hyspan, such as a change in location which necessitated a great deal of negotiation. It was to cost the City $7,000 to install the water line but now the gas company has agreed to lower the water line at no cost to the City. Mr. Lippitt added that in this negotiation process, staff did not notify the Council of the expiration date; however, it is his recommendation that at the time the project will be done, he inform the Council of the amount of days that will be needed for the extension of this project. City Council - 5 - January 4, 1983 d. Acting City Manager Asmus stated that the magazine entitled "City-County Magazine" will be running a feature article on Chula Vista's Chip Seal Program in the very near future. REPORT OF CITY OFFICERS AND DEPARTMENT HEADS 10. REPORT CONSIDERATION OF COUNCIL POLICY RELATING TO THE DISPLAY OF ALCOHOLIC BEVERAGES WITHIN MINI-MARKET/GAS STATION ESTABLISHMENTS IDirector of Planning) At the November 9, 1982 meeting, the City Council was informed that the Planning Commission approved a request to increase the amount of cooler space used for the display and storage of alcoholic beverages within an approved market/gas station at the northwest corner of Fourth Avenue and "E" Street. The Council expressed concern that an excessive amount of alcoholic beverage display space would change the characteristics of the market to that of a liquor store, and directed that a Council Policy be prepared which would ensure that such will not occur. This policy has been prepared which states that "markets and other similar land uses which also sell gasoline shall not devote more than 30% of the total cooler space within the establishment to the display and storage of alcoholic beverages." MSC(Malcolm/Cox) to accept the staff recommendation which was not to adopt the Policy. Councilman Scott voted "no" Councilman Scott said he felt it was appropriate to require a Conditional Use Permit so these mini-markets do not become liqour stores and that the integrity of the neighborhood be maintained. If the business came in strictly as a liquor store, there would be much oposition by the residents and it would possibly not be approved by the City Council. Councilman Moore questioned what would prevent other businesses such as dry cleaners in converting their stores to convenience stores. Acting City Manager Asmus answered that it would depend on the zoning in the area. If it was a multiple use zoning then the dry cleaning establishment could put in a convenience store. City Attorney Lindberg stated that it must be recognized that a liquor store is a permitted use in a neighborhood commercial zone. They do not need a Conditional Use Permit from the City Council; however, they are regulated by the State which has stringent regulations over a package liquor store. Mr. Lindberg added he is concerned that the Council may be restricting this applicant from dispensing beer and wine on his premises which the business next store can do without any approval by the City Council. MSC (Scott/McCandliss) for staff to look into this matter for all like establishments to be treated equally. (A report to be submitted to Council). The motion carried by the following vote: Ayes: Scott, McCandliss, Moore Noes" Cox, Malcolm Absent: None City Council - 6 - January 4, 1983 ll. REPORT VARIABLE RATE SEWER SERVICE CHARGE ICity Engineer) On November 9, 1982, Council requested that staff look into the feasibility of having a sliding scale for sewage fees including provisions for residential property variances when appropriate. The City Engineer reported that his staff is still in the process of assembling information necessary to formulate a practical and equitable system and requested that no action be taken until this study is completed. MSUC ICox/Moore) to accept the staff recommendation. 12. MAYOR'S REPORT a. MSUC IMcCandliss/Malcolm) to ratify the appointment of Rose Marie Fox to the Resource Conservation Commission and Patricia Schafer to the Board of Appeals. b. Mayor Cox noted a letter from the City of Poway asking that all cities contribute 20~ per person based on the population of their cities towards the purchase of one helicoptor for the Sheriff's Department. MSC ICox/Moore) to refer this request to staff to come back with the financial impact of this request and a recommendation to the City Council. Councilwoman McCandliss said she agreed to the motion for a report but questioned the legality of the action stating that the question was put on the ballot in November and was defeated. She asked whether this would be circumventing the intent of the law. Councilman Scott commented that he would be voting against the motion because he felt there was a legal problem involved here. The motion carried with Councilman Scott voting "no". c. MSUC (Scott/Malcolm) for a Closed Session at the close of the meeting for personnel matters. 13. COUNCIL COMMENTS Councilman Moore remarked that at a previous meeting, the Council directed the City Manager to review the Risk Management Program in the City. One of those items was to encourage City employees to be aware of some potential hazards such as sidewalks, tree limbs, etc., where someone could be injured and the City Council - 7 - January 4, 1983 City may be at fault. Councilman Moore said he has received some letters concerning some potential hazards and asked that the City Manager move forward on this program as time permits. The Council recessed to Closed Session at 7:50 p.m. The City Clerk was excused. The Mayor reported that Session ended at 8:30 p.m. ADJOURNMENT at 8:30 p.m. to the meetin9 scheduled for Tuesday, January 11, 1983 at 7:00 p.m. WPC 0234C pag