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HomeMy WebLinkAboutcc min 1979/09/13 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA Held Thursday - 4:00 p.m. September 13, 1979 An adjourned regular meeting of the City Council of Chula Vista, California, was held on the above date beginning at 4:00 p.m. in the Council Conference Room, City Hall, 276 Fourth Avenue ROLL CALL Councilmen present: Mayor Hyde, Councilmen Gillow (arrived late), Cox, McCandliss, Scott Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Development Services Administrator Rohens, Director of Plannit Peterson, Director of Building and Housing Grady 1. CONSIDERATION OF STAFF City Manager Cole stated that the Booz, Allen and Hamilton RECOMmeNDATIONS REGARDING report was done under a set of circumstances that have now THE BOOZ, ALLEN AND changed considerably. There has been a reorganization of HAMILTON REPORT the departments mainly involved in the planning process; therefore, some of the things in the report have been done, and others are not as appropriate as they were before. June 1, 1979 Memo Mayor Hyde referred to the memo written by Planning Directo~ Peterson to the City Manager dated June 1, 1979 noting the Planning Commission recommendations and that of the City Manager. He stated this would be the document considered by the City Council today. General discussion A general discussion followed each of the recommendations being considered. The following actions were taken by the Council: Recommendation No. 1 City Manager's recommendation: "~ke the Zoning AdmZ~txa.t rath~ than the P~anning Commission responsib£e for a~ing on all va~nces." Planning Commission recommendation: "The Commission recom- mended no change in the zoning ordinance to make the Zoning Administrator rather than the Planning Commd~sion r~ponsib~ for acting on all va2c~ance applications." Motion to accept City It was moved by Councilman Cox, seconded by Councilwoman Manager's recommendation McCandliss and unanimously carried by those present (Gillow on No. 1 absent) to accept the City Manager's recommendation regardil the responsibility for acting on variances - moving it from the Planning Commission to the Zoning Administrator. Review in one year Mayor Hyde suggested that all motions have the statement inserted that "it will be reviewed in one year." Included in motion Councilman Cox included this in his motion; Councilwoman McCandliss agreed to the second. Recommendation No. 2 City Manager's recommendation: "Make the Cry Engineer ra~} than the Planning Commission responsible for acting on requ~ for def~al of public improveme~. Requests for m~ivers would remain with the Planning Comm~sion. Decisio~ on requests for deferral or waiv~ of the requirement to underground ulili~ies would remain ~L~h the City Council." Planning Commission action: "The Comm/ission endorsed recom- mendation No. 2 above." Held Thursday - 4:00 p.m. - 2 - September 13, 1979 Motion to accept City It was moved by Mayor Hyde, seconded by Councilman Cox Manager's recommendation and unanimously carried by thoae present (Gillow absent) on No. 2 that the City Manager's recommendation be approved with regard to the role of the City Engineer acting on requests for deferrals of public improvements - this action to be reviewed in one year. Recommendation No. 3 City Manager's recommendation: "Make the Design Review Committee responsible for review of precise plans in commerc~ and industrial zones in addition to th~ present a~ho~ity in the R-3 zones. It is recommended that tS a~ho~ty not be ex~ended to the review of dev~opment~ in the P-C zone at th~ t~me." Planning Commission action: "The Commission endowed recommendation No. 3 with the stipulation th~ they, rath~ than the Design Review Committee, review plans for commerci~ and industrial dev~lopme~ in the P-C zone and that appeals from the Design Review Committee ~uld be heard by the Planning Commission. (Council wo~d ~so review commercial and ind~tri~ plans in the P-C zone.) Motion to accept City It was moved by Councilman Scott, seconded by Mayor Hyde anB Manager's recommendation unanimously carried by those present (Gillow out) that the on No. 3 recommendation of the City Manager be approved; this action to be reviewed in one year. Recommendation No. 4 City Manager's recommendation: "Make the Zoning Admin~t~a~ responsible for the site plan~ing and ~chitectu~ compati- bility aspects of the moving of structures ~ithin the City and the Direetor of Building and HoMing responsible for se~ing to it that such struct~es meet present codes." Planning Commission recommendation: "The Commission endo~e recommendation No. 4 with the provision that appeals from the dec~ion of the Zoning Administrator would be he~rd by them. (This procedure was actually impleme~ed wi~h the adoption of Ordinance 1851 on January 16, 1979 by the City Council.) Planning Director's ~ommen~s Mr. Peterson referred to the State law governing move-ins stating the City ordinance has been changed in this respect; therefore, recommendation No. 4 is now in effect and needs no action by the City Council. Recommendation No. 5 Staff recommendation: "For condomimium dev~opments within the redevelopment ~ea, direct staff to schedule own~ parti~pa~ion agreements so that they can be considered by the Agency the same evening the Council considers ~h~ tentative map, w~ere the applicant desires such dual consid- eration. Motion to accept staff It was moved by Councilman Cox, seconded by Mayor Hyde and recommendation on No. 5 unanimously carried by those present (Gillow out) that the staff's recommendation on No. 5 be approved. 2. ORDINANCE NO. 1835 City Manager Cole discussed the Council's concern regarding AN ORDINANCE OF THE CITY OF the application of this ordinance feeling that staff's in- CHULA VISTA AMENDING TITLE terpretation was different from that of the Council. Staff 15 OF THE CHULA VISTA interpretation was that for any construction in the City, MUNICIPAL CODE BY ADDING a traffic fee would be collected, Council's thinking was th THERETO A NEW CHAPTER 15.51 in those new construction5 where a traffic signal was needed ALL RELATING TO REQUIREMENTS the fee would be collected in that area. FOR PARTICIPATION BY PRIVATE DEVELOPERS IN FINANCING AND/OR INSTALLING TRAFFIC SIGNALS Held Thursday - 4:00 p.m. - 3 - September 13, 1979 Development Services Mr. Robens explained the staff's reasoning that whoever Administrator Robens creates the need should pay for the signals that are put in in the future, and every development in the City adds traffic to the city streets. No matter where the traffic signal is put in, they would he using it and should be liable for the fees. The ordinance was meant to apply to the entire city, and arriving at the $7.00 per trip formula, the staff took into account the entire population, projecting the figure into 1995, estimating the number of traffic signals that would be needed at that time. Council discussion Councilman Scott commented that this ordinance is nothing more than a "tax that is put into a pot so that the City would never have to buy another traffic light." He added that both his thoughts and that of the Council's were that i' would apply to new areas only that need a traffic light at the point of development and not applied to fully-developed areas. (Councilman Gillow arrived at this time - 4:45 p.m.) Mayor Hyde agreed remarking that many of the modifications and updating of the traffic signals made in the City were done because of the traffic generated by 1-805 and 1-5 traffic. Phil Creaser Mr. Creaser noted the letter from Tom Huntington, Chairman of the Project Area Committee,requesting that the traffic signal fee for new construction not be applied to any new or remodeling construction within the boundaries of the redevelopment project. In view of his own development (office building at the northeast corner of Garrett and "F" Street), Mr. Creaser said he is replacing an existing structure (South Bay Chevrolet) that created a need for many of the lights existing downtown. Motion for revision It was moved by Mayor Hyde, seconded by Councilman Scott and to ordinance unanimously carried that the staff be directed to bring back a revision to the traffic signal policy which would provide that assessments for traffic signal costs of installation be limited to those subdivisions which constitute new first- time developments or for either commercial, residential or industrial property. Clarification of ordinance The City Attorney noted that all remodeling and redevelopmen are being eliminated by this motion. Staff recommendations Mayor Hyde asked that the staff bring back the proposed requested modifications, and if there are any problems with it, to bring back recommendations for the changes. Motion for staff report It was moved by Mayor Hyde, seconded by Councilman Scott on fees collected and unanimously carried that the staff be directed to bring back a list of fees that have been collected since this ordinance has been in effect in order for the Council to consider refunding to those participants the fees collect if they would not be charged under the proposed revis~n Mayor Hyde also asked that the staff advise the Council on what the impact of that would have in terms of future installation of traffic signals or other budgetary impacts. Held Thursday - 4:00 p.m. - 4 - September 13, 1~79 3. PROPOSED GLENN RESTAURANT Assistant City Manager Asjnus noted the Councilts previous REMODELING AND LEASE action (July 12, 1979) in accepting the restaurant operator' MODIFICATIONS plan (in a sense) agreeing that they were not too happy with the layout but accepting it as a conceptual plan and "go from there." Final remodeling plans were to be brought hack to the Council by October 2, 1~7~. Mr. Asmus explained the recent second revision to the plans submitted by Mr. Danielson (Glenn restaurant lessee), indicating that both staff and Danielson agree that "somethJ better could be done." Staff recommendations Using flip charts, Mr. Asmus discussed the terms of the existing lease agreement and made the following recommen- dations: 1. Council action is needed for the tentative acceptance of the proposed lease modifications. 2. Approval of the extension of time to November 2, 1979 to submit new remodeling plans. RENT: (1) The base rent he $5,000 a month with annual CPI increase or (2) 6% of the gross volume, whichever is greate: FUTURE EXPANSION: This has not been resolved; however, no specific time will be proposed. AMORTIZATION: City would amortize improvements to realty but not fixtures, carpeting, drapes, etc. MAINTENANCE: Lessee would be responsible for the interior maintenance including air conditioning units, and the City would maintain the exterior of the building. LANDSCAPE MAINTENANCE: (1) Lessee to maintain the grounds around the building, and (2) City would maintain the parkin lot landscaping. SIGN MAINTENANCE: Lessee would maintain. Staff proposals accepted It was moved by Councilman Scott, seconded hy Councilman Gillow and unanimously carrried that the staff proposals be accepted. Mr. Danielson stated that he has been working on these proposals with the staff for the past four days and finds the conditions"fair~~'' Expansion plans In answer to the Mayor's query, Mr. Asmus said that some language will have to be put into the lease specifying a time for expansion - a review in 5 years, for instance. EXECUTIVE SESSION It was moved by Mayor Hyde, seconded by Councilman Cox and unanimously carried that the Council recess to Executive Session, at the close of the meeting, for reasons of pendin litigation. DIRECTOR OF POLICY ANALYSIS City Manager Cole introduced Mr. James R. Thomson, selected AND PROGRAM EVALUATION for the appointment to this position. Appointment approved It was moved by Councilman Scott, seconded by Councilman Gillow and unanimously carried that the Council approves the appointment of Mr. Thomson. Held Thursday - 4:00 p.m. - 5 - September 13, 1979 MAYOR'S REPORT Business Community Committee Mayor Hyde reported that a "self-appointed Steering Committe of representatives of the Chamber of Commerce and Rohr Industries met to put together a program which would endeavo to show the opportunities and activities of the business community in this City. It is hoped that tbe program will culminate in March 1980. San Francisco Trip Mayor Hyde said he will be going to San Francisco tomorrow morning to participate in the final signing of the documents regarding the financing of the Zogob project, and he may not be back for the Bonita-Sunnyside Fire Protection meeting scheduled for 4:00 p.m. Executive Session The Council recessed to Executive Session at 5:35 p.m. and the meeting reconvened at 5:38 ADJOURN~NT Mayor Hyde adjourned the meetin~ at 5:38 n.m. to the meeting scheduled for Tuesday, September 18, 197~ at 7:00 p.m. CITY CLERK