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HomeMy WebLinkAboutcc min 1982/07/13 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday, July 13, 1982 - 7 PM Council Chamber, Public Services Building ROLL CALL Councilmen present: Mayor Cox, Councilmembers McCandliss, Scott, Malcolm, Moore Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Development Services Administrator Robens The pledge of allegiance to the Flag was led by Tenderfoot Scout Brian Jacobs, Troop 894, Hilltop Elementary P.T.A. 1.APPROVAL OF MINUTES for the meeting of July 6, 1982 MSUC (Malcolm/Moore) for approval as mailed. 2.SPECIAL ORDERS OF THE DAY a. Selection of Mayor pro Tempore MSUC (Cox/Malcolm) to appoint Councilman Scott. (Councilman Scott abstained from voting). 3. ORAL COMMUNICATIONS a. James Matherly, 402 Oaklawn Avenue, Chula Vista, spoke against the Tijuana Trolley and the high cost of government spending. b. Eugene Duhamel, 229 Glover Avenue, Chula Vista, asked to speak on the mandatory trash pickup proposal. The City Attorney informed him that the public hearing would be held on July 27 and it would be appropriate for him to present his views at that time. c. Joy Sheresh, 688 Robert Avenue, Chula Vista, discussed the Sweetwater Union High School District's cut in funds for sport activities. She stated that the parents are attempting to raise $70,000 to continue girls' tennis and water polo. Mrs. Sheresh asked that the City charge them only the "bare-bones" figure for using the pools. MSUC (Cox/Scott) to refer to staff. d. Ernest L. Robbins, 488 Elm Avenue, Chula Vista, asked to speak on the Sanitary Service franchise. The Mayor noted that the public hearing on this matter is scheduled for July 27, 1982. e. Phyllis Altomare, 1205 Fallbrook Court, Bonita, stated her homeowners' association was overcharged by $27,000 for their open space district last year and asked that the money be returned to them. Mayor Cox noted that this matter is on the agenda - item #17 - and would be considered at that time. City Council Meeting -2- July 13, 1982 4. WRITTEN COMMUNICATIONS a. Letter regarding water runoff from Starlight Center - Robert Ghiloni MSUC (Scott/Malcolm) to continue this matter for two weeks. PUBLIC HEARINGS AND RELATED RESOLUTIONS 5. CONTINUED PUBLIC HEARING - CONSIDERATION OF THE PROPOSED 1982/83 BUDGET INCLUDING GENERAL REVENUE SHARING FUNDS (City Manager a. RESOLUTION - APPROVING THE BUDGET FOR FY1982/83 AND APPROPRIATING NECESSARY FUNDS INCLUDING THE USE OF GENERAL REVENUE SHARING FUNDS This being the time and place as advertised, the public hearing was reopened. The City Manager explained that this public hearing was continued from the meeting of June 15, 1982. At that meeting, there was testimony urging restoration of funds for the School Patrol Program to go to camp. The Council directed that $4,310 additional funds be restored to the budget for this grogram (Account 100-1020-5222). Mr. Cole asked that the Council receive further testimony on the budget and then continue the'public hearing to Saturday, July 17, 1982 at 8 a.m. Speaking against the City Manager's proposal for employee layoffs were: Ambrosio Daluraya, 4686 Chateau Drive, San Diego, representing the Chula Vista Employees Association; Shale Hanson, representing the Western Council of Engineers and Associate Civil Engineer; Bill Ullrich, Associate Civil Engineer, 1222 Portola Avenue, Spring Valley; Tom Dyke, Plan Checker and member of the Western Council of Engineers. In summation, their comments were: (1) the revenue projections made by the City Manager are confusing to the employees; (2) there is sufficient money in reserves not to have layoffs; (3) the moraleamong the employees is bad; (4) losing engineers would mean a slowing-down of the plan checking thereby increasing the developers' costs which costs would be passed on to the people buying homes; (5) the department heads feel they need these positions and are opposed to the layoffs. MSUC (Cox/Scott) to continue this public hearing to the meeting scheduled for Saturday, July 17, 1982 at 8 a.m. 6. PUBLIC HEARING - CONSIDERATION OF WIDENING AND REALIGNING TELEGRAPH CANYON ROAD AND THE PUBLIC NECESSITY TO ACQUIRE RIGHT-OF-WAY AND SLOPE RIGHTS TO ACCOMPLISH THE ROAD IMPROVEMENTS (City Engineer) MSUC (Cox/scott) to continue this public hearing to the meeting of August 3, 1982. 7. PUBLIC HEARING - CONSIDERATION OF WAIVER OF REQUIREMENT TO REMOVE TWO UTILITY POLES FROM WITHIN CHULA VISTA TRACT 81-7, PEPPERTREE ESTATES (City Engineer) MSUC (McCandliss/Scott) to continue this public hearing to the meeting scheduled for Tuesday, july 27, 1982 at 7 p.m. City Council Meeting ~3- July 13, 1982 8. PUBLIC HEARING - CONSIDERATION OF ATTACHING THE "P" PRECISE PLAN MODIFYING DISTRICT TO 29 ACRES OF I-L ZONED PROPERTY AND ESTABLISHING PRECISE PLAN GUIDELINES FOR 180 ACRES OF INDUSTRIAL PROPERTY LOCATED ON BOTH SIDES OF OTAY VALLEY ROAD EAST OF 1-805 (Continued from 5/11/82 - Director of Planning) a. ORDINANCE 1990 - ATTACHING THE "P" PRECISE PLAN MODIFYING DISTRICT TO 29 ACRES OF I-L ZONED PROPERTY AND ESTABLISHING PRECISE PLAN GUIDELINES FOR 180 ACRES OF INDUSTRIAL PROPERTY LOCATED ON BOTH SIDES OF OTAY VALLEY ROAD EAST OF 1-805 FIRST READING This being the time and place as advertised, the publ!c hearing was reopened. Principal Planner Lee explained that on Mayll, 1982, the City Council continued this public hearing to this date in order to evaluate the possible impact of a probable annexation of the Montgomery territor7 on this area. Mr. Lee noted on a map the 273 acres of industrially-zoned property along the north si'de of Otay Valley Road east of 1-805 and another 5 acres on the south side in the City. Of the 273 acres, 230 are zoned I-P(General Industrial with the Precise Plan Modify- ing District), 24 acres are zoned I-L (Limited IndUstrial) and 19 acres zoned I-L-P (Limited Industrial with the Precise Plan Modifying District) - the 5 acres on the south side are zoned I-L. The proposal is to attach the Precise Plan Modifying District to the remaining 24 acres on the north side and 5 acres on the south side of Otay Valley Road and to establish appropriate precise plan guidelines on those properties as well as the properties which are now subject to the Precise Plan Modifying District but without the plan guidelines. Council discussion followed with staff answering questions as to justification for attaching the "P" zone to this area; having a "streamlined" process of processing developers' plans; the need for going to the Design Review Board; concern that about the expansion of the "P" zone in areas where they may not be needed; delineation of the purpose of the "P" Modifying District. MSC (McCandliss/Scott) to place the ordinance on its first reading, the reading of the text was waived by unanimous consent, passed and approved unanimously, Councilmen Malcolm and Moore voted "no". MSUC (Scott/Moore) to schedule a Council Conference to discuss the "P" Precise Plan Modifying District at the earliest possible time. 20. At the concurrence of the Council, this item was considered next. REPORT ONMOBILEHOME PARK SPACE RENT SURVEY (Community Development Director) Housing Coordinator Dave Gustafson, referring to his written report, explained that on February 16, 1982, the City Council enacted an urgency ordinance imposing a moratorium on increases in mobilehome space rents until May 11, 1982. On April 20, that moratorium was extended until July 13. The moratorium provided staff with time to ascertain the severity of the space rent problem in the City and to explore the appropriateness and effectiveness of possible City involvements. Mr. Gustafson submitted the final report made by the San Diego Association of Governments (SANDAG). They distributed 2,171 questionnaires; 1,176 were returned. As to the draft ordinance presented to the Council, Mr. Gustafson asked that the following changes be made: (1) a mandatory arbitration and City Council Meeting -4- July 13, 1982 voluntary compliance ordinance of this kind elaborates on the mobilehome (state) residency law which requires that park owners meet and consult with tenants on issues of contention - by putting this into the ordinance whereby the meet and confer law is expanded - creating a mandatory arbitration - would create a mechanism giving an arena f6r communication and mutual scrutiny for rent increases that may be protested; (2) delete the sentence (Section 9.50.010) "However, if an agreement cannot be reached, the City Council has determined it necessary and in the public interest to have the disagreement resolved by binding arbitration."; (3) strike all references to "other disputes"-- the ordinance should stick strictly with rent increases. Speaking on this issue were: Kelly Bueno, llO0 Industrial Park, Chula Vista; George Hilger, llO0 Industrial Boulevard, (Brentwood); Joe Stern, 6923 Amherst Street, San Diego, representing COSCOE; Harold Duncan, 1100 Industrial Boulevard, Chula Vista.; and Cliff Roland,llO0 Industrial Boulevard, Chula Vista. In summary, their comments were: (1) they are against rent control; (2) they want a just and fair consideration from their landlords; (3) have a quarrel with the "unjustified and exorbitant rent increase in Brentwood Park"; (4) want some type of arbitration and looking to the Council for help; (5) do not want "voluntary compliance"; (6) have the moratorium extended until such time as a complete study can be made of the issue; (7) SAN~A~ be asked to separate the information which is pertinent to Brentwood Park only for a comparison with other parks; (8) if rio agreement is reached during the mediations, that mandatory, binding arbitration produce the results; (9) if mandatory arbitration fails to achieve an agreement, an urgency moratorium be invoked to protect the residents from rent increases; (10) that this urgency moratorium be directed only atthe park(s) having the dispute; (11) the moratorium aspect be made part of the ordinance. Speaking for the mobilehome park owners were: Brent Swanson, 203 North Golden Circle, Santa Ana, CA 92705, Attorney representing the park owners; Norton Randall, 5109 Waring Road, San Diego, representing Otay Lakes Lodge; Richard Birdsell, 580 Corte Helena, Chula Vista, representing Terrys Mobile Park; Roy Muraoka, 1478 First Avenue, Chula Vista 92011, representing Palace Garden Mobilehome Park; Jerry Fick, 352 Broadway, ~epresenting Rose Arbor Mobilehome Park; Sharon Stewart, 1225 8th Street, Sacramento, representing Western Mobile- home Association; and J. A. McKay, 4 Broadway, representing Al's Trailer Haven. Their comments generally were: (1) rent control is a disaster in every city that has tried it; (2) have an added requirement that there would be no committee meeting mediation process if the rent increase did not exceed the consumer price index for San Diego County for the preceding twelve months; (3) long term leases be exempted in the operation of the ordinance; (4) mandatory mediation provisions be deleted - simply have the 'in-park' committee; (5) have a sunset provision of two years; (6) strongly opposed an extension of the moratorium to October 12; (6) have the consumer price index figure rounded off to the nearest dollar; (7) have each park resident sign, prior to petitionin9 the arbitration or mediation proceeding, a card that would explain to them what would happen during the mediation - that if it went to second stage mediation, they would have to share the costs; (8) this signature card would also provide park residents' the information for the petitioning process. 20a. ORDINANCE 1992 URGENCY ORDINANCE EXTENDING THE MORATORIUM ON RENTAL INCREASES ON MOBILEHOME SPACES - First reading and adoption City Council Meeting -5- July 13, 1982 Council discussion followed on the various provisions of the proposed ordinance with a concurrence that a public hearing should be held on this matter. MSUC (McCandliss/Scott) that a public hearing be held on the mobilehome park ordinance on Tuesday, August 17, 1982 at 7 p.m. MSUC (McCandliss/Scott) that the moratorium be extended to Auqust 17, 1982 (same as the public hearing) instead of October 12, 1982 as propose~ in the ordinance. MSUC (Cox/Scott) to placed the ordinance, as amended, on first reading and adoption, the reading of the text was waived by unanimous consent, passed and approved unanimously. RECESS was called at 9:45 p.m. and the meeting reconvened at lO:O0 p.m. CONSENT CALENDAR - Items 9 through ll MSUC (Scott/Moore) to approve and adopt the Consent Calendar. 9. RESOLUTION 10937 - ACCEPTING PUBLIC IMPROVEMENTS - STREET LIGHT CONVERSION FROM MERCURY VAPOR TO HIGH PRESSURE SODIUM VAPOR (City Engineer) Work consisted of converting mercury vapor street lights to high pressure sodium vapor. Originally, 330 lights were included in this contract; however, prior to the contract work, City crews installed 24 new luminares at locations where the existing mercury vapor lamps had burned out. The work was completed to the satisfaction of the City Engineer and it is now appropriate to accept this project. 10. RESOLUTION 10938 - ACCEPTING PUBLIC IMPROVEMENTS BLOCK GRANT STREET IMPROVEMENT PROGRAM 1981 AND 1982 MUELLER AND VISTA SQUARE AREAS (City Engineer) G. Spikes, Masonry and Cement Contractors has completed the public improvements for the Block Grant Street Improvement Program 1981/82 in the Mueller and Vista Square areas. A final inspection was made on July l, 1982 and all work found to be in accordance with the plans and specifiications and to the satisfaction of the City. 11. RESOLUTION 10939 - APPROVING THE FINAL MAP FOR CHULA VISTA TRACT 82-5, CENTRE VILLAS (City Engineer) The final map has been checked and found to be in conformance with the tentative map. It provides for 26 new condominiums. Centr~ Villas Construction has paid all fees and submitted all required documents. Construction of curbs, gutters, sidewalks and driveways will be accomplished through a separate construction permit which the developer has obtained. END OF CONSENT CALENDAR City Council Meeting -6- July 13, 1982 12. RESOLUTION 10940 - APPROVING AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT WITH SERRA REGIONAL LIBRARY SYSTEM (Library Director) The Chula Vista Public Library has operated under a Joint Exercise of Powers Agreement (JEPA) with the Serra Cooperative Library System and its thirteen members since 1965. Since that time, there have been six amendments made to the agreement. This seventh amendment is being proposed which will authorize Serra to be the contracting agent for all grant awards from the California State Library. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 13. RESOLUTION 10941 - APPROVING LANDSCAPE THEME AT THE WEST END OF THE CHULA VISTA PUBLIC LIBRARY AND AUTHORIZING STAFF I'OSOLICIT BIDS FOR CONSTRUCTION WORK AND LANDSCAPING TO DEVELOP A ROSE GARDEN (Director of Planning) Frank Luxem, representing the Library Board of Trustees, explained the recom- mendation for Alternate "A" - a rose garden. The Rose Society of Chula Vista has offered to donate roses and help in the care and maintenance of the area. Landscape Architect Sennett explained that the area (west end of the library) for this Alternate will involve the construction of a keyhole terminous walk of concrete with a semi-circular bench to match the existing laminated bench and the soil preparation and planting of rosesas specified by the Rose Society. RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously - for Alternate "A". 14. ORDINANCE 1991 ~ AMENDING THE MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.34 RELATING TO THE REGULATION OF HAZARDOUS MATERIALS - FIRST READING (City Attorney) The Department of Health Services of the County of San Diego and the Board of Supervisors has requested that all cities adopt those ordinances which they have previously adopted relating to disclosure of the handling of hazardous waste materials and a surveillance program in the interests of protecting persons and property within the County on a uniform and continuing basis. MSUC (Scott/Cox) to place the ordinance on its first reading, the reading of the text was waived by unanimous consent, passed and approved unanimously. 15. REPORT OF THE CITY MANAGER a. City Manager Cole submitted a reply to the presentation made by a representative of the Bonita/Sunnyside Fire District at the meeting of July 6 noting the time difference in the "runs". b. Mr. Cole stated he has responded to the Council's direction for reasons why the revenue information took so long in being reported to the Council. This reply has been placed on the Council's desks. City Council Meeting -7- July 13, 1982 15c. The City Manager recommended that a Council Conference be called for the fifth Thursday of this month (July 29) to consider the Emergency Preparedness Plan and the Federal Clean Air Act. Further, that August 26 be scheduled for the "P" Precise Plan Modifying District discussion. MSUC (Scott/Cox) to accept the City Manager's recommendation. d. City Manager Cole announced the resignation of Development Services Administrator William Robens effective October 1, 1982. The City Manager and Council expressed their appreciation to Mr. Robens for his services to the City and wished him well in his new venture. REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS 16. REPORT ON PLANNED FIRE TRAINING EXERCISE (Director of Public Safety) Director of Public Safety Winters explained the procedure that will be used by the Firefightersin this training exercise. Councilman Moore questioned whether an adverse wind factor had been considered; Councilman Malcolm stated that this should be given priority consideration. MSUC (Scott/Moore) to accept the report. 17. REPORT ON REQUESTED ASSESSMENT CHANGE FOR OPEN SPACE DISTRICT NO. 4 (Director of Parks and Recreation) On June 22, 1982, Council directed the City Engineer tospread the assessments for Open Space Districts Nos. 1 through lO. Subsequently, Open Space No. 4 Homeowners Association made a written request to decrease the District's fund balance. The recommendation of staff is that Council authorize the reduction by $17,000 in the Open Space District No. 4 fund balance thereby subtracting this amount from the required 1982/83 district assessments. Council discussion ensued regarding the $27,000 overcharge as reported by Mrs. Altomare; the justification for leaving $10,000 in the fund; interest earning on that money; suggestion for a continuance of this item and notification to the remaining homeowners of the other districts. MSUC (Scott/McCandliss) to hold this item over for one week. Director of Parks and Recreation Pfister stated that he will meet with Mrs. Altomare this week and will have a report for the Council at the next meeting. 18. REPORT ON THE CONSTRUCTION PROGRESS OF JIMMY'S ON THE GREEN RESTAURANT AT THE CHULA VISTA MUNICIPAL GOLF COURSE AND GRANTING A 38-DAY TIME EXTENSION OF CON- TRACT TO COMPLETE THE EXPANSION AND RENOVATION (Director of Building and Housing) At the meeting of January 5, 1982, the City Council approved a contract agreement with Jimmy's on the Green Family Restaurant for expansion and renovation of the old Glenn Restaurant Building on the Chula Vista Municipal Golf Course. Work on the project began on January 19, 1982 and under the terms of the contract, the project is to be completed in 100 working days. Director of Building and Housing City Council Meeting -8- July 13, 1982 Grady reported that in the lO0 days, there are three legal holidays which would extend the time to June 14, 1982. The contractor has requested an additional twelve days for what they feel is a loss in construction time due to certain factors. Mr. Grady said he investigated this and found their request to be valid and would recommend a 38-day extension. City Manager Cole remarked that the restaurant people would need an additional 38 days to get their fixtures installed and then begin operation. He recommended that the Council extend the time to September 1, 1982. MSUC (Cox/Moore) that the contract be extended until September 1, 1982 with the proviso that the lease arrangement with Mr. Kaye begin as of September 1, 1982. For whatever reason, (the construction) is not completed by September 1, 1982, he will at least be paying the $8,000 per month lease payment. 19. REPORT ON DONATION OF EQUIPMENT FROM ALTRUSA CLUB (Director of Parks & Recreation) The Altrusa Club initiated contact with the Senior Information and Referral Center staff regarding the Club's desire to undertake a community service project and raise funds to equip the Center with needed furniture and/or equipment. The Club will purchase a microwave oven and stand, standing screen, information rack and portable fans. MSUC (Scott/Moore) to accept this report and that a letter be written for the Mayor's signature thanking the Altrusa Club for this donation. 20. Mobilehome Park Rent Survey Report (p.3)&2Oa. URGENCY ORDINANCE (p.4) 21. MAYOR'S REPORT -' None. 22. COUNCIL COMMENTS a. Community Appearance Report. MSUC (Scott/Cox) to refer to staff and after the staff gets a report on the implementation of this proposal, a Council Conference be scheduled. b. Councilman Malcolm questioned the policy ofthe 5-minute presentation. Director of Building and Housing Grady remarked that the present 5-minute timer is being repaired and will be installed prior tothe next meeting. Mayor Cox indicated that the 5-minute presentation is strictly adhered to except in those cases which he feels more time should be given (prerogative of the Chair). c. Councilman Scott discussed the recommendations of the Charter Review Committee noting many of the recommendations "intertwine" and the language should be written with that in mind. City Attorney Lindberg stated he would have a draft ordinance prepared for the Council's next meeting. d. Councilman Scott briefly commentedon the Bonita/Sunnyside Fire Protection District negotiations and felt some guidelines should be given to the committee on this. ADJOURNMENT at 10:55 p.m. to the meeting scheduled for Thursday, July 15, 1982 at 7 p.m. (Eastlake); Saturday, July 17, 1982 at 8 a.m. (continued public hearing on the budget) and to Tuesday, July 20, 1982 at 7 p.m. regular meeting).